SB 15, as amended, Padilla. Aviation: unmanned aircraft systems.
Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.
begin insertExisting law provides that a person is subject to civil liability for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of another person engaged in a personal or familial activity under circumstances involving a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, as specified.
end insertbegin insertExisting law makes it a crime for a person, intentionally, and without requisite consent, to eavesdrop on a confidential communication by means of any electronic amplifying or recording device.
end insertbegin insertExisting law makes it a crime for a person to look through a hole or opening or otherwise view, by means of any instrumentality, the interior of bedrooms, bathrooms, and various other areas in which an occupant has a reasonable expectation of privacy, with the intent to invade the privacy of one or more persons inside. Existing law makes it a crime for a person to use a concealed camcorder, motion picture camera, or photographic camera to secretly videotape, film, photograph, or record by electronic means, without consent, another identifiable person, under or through the clothing being worn by that person or if that person may be in a state of full or partial undress, under circumstances when that person has a reasonable expectation of privacy and when there is an intent to invade the privacy of that person, as specified.
end insertbegin insertThis bill would, under the above-referenced civil and criminal provisions, provide that engaging in the prohibited activities with devices or instrumentalities affixed to or contained within an unmanned aircraft system is included within the prohibitions. With respect to the criminal provisions, the bill would impose a state-mandated local program by changing the definition of a crime.
end insertbegin insertThis bill would also provide that an unmanned aircraft system may not be equipped with a weapon.
end insertbegin insertThis bill would define “unmanned aircraft system” for all of these purposes.
end insertThis bill wouldbegin insert alsoend insert state the intent of the Legislature to enact legislation that would establish appropriate standards for the use of unmanned aircraft systems.
begin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
P3 1(a) Recent developments and innovations have allowed computer
2technology to advance to the point where vehicles, including
3aircraft, can operate without the need of an on-board operator.
4(b) On February 14, 2012, President Obama signed into law the
5Federal Aviation Administration Modernization and Reform Act
6of 2012, which, among other things, requires the Federal Aviation
7Administration to fully integrate government, commercial, and
8recreational unmanned aircraft systems, commonly known as
9“drones,” into United States airspace before October 2015.
10(c) While privately and publicly operated unmanned aircraft
11systems can have a legitimate role in areas such as agriculture,
12scientific research, and public safety, these systems present new
13challenges to the privacy and due process rights of Californians.
14(d) Both public and private operators of unmanned aircraft
15systems have a responsibility to not infringe on the rights, property,
16or privacy of the citizens of California, and any data, information,
17photographs, video, or recordings of individuals, both public and
18private, should be minimized and retained in a manner consistent
19with current privacy standards.
20(e) It is the intent of the Legislature to enact legislation that
21would establish appropriate standards for the use of unmanned
22aircraft systems in California.
begin insertSection 1708.8 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) A person is liable for physical invasion of privacy
25when the defendant knowingly enters onto the land of another
26person without permission or otherwise committed a trespass in
27order to physically invade the privacy of the plaintiff with the
28intent to capture any type of visual image, sound recording, or
29other physical impression of the plaintiff engaging in a personal
30or familial activity and the physical invasion occurs in a manner
31that is offensive to a reasonable person.
32(b) A person is liable for constructive invasion of privacy when
33the defendant attempts to capture, in a manner that is offensive to
34a reasonable person, any type of visual image, sound recording,
35or other physical impression of the plaintiff engaging in a personal
36or familial activity under
circumstances in which the plaintiff had
37a reasonable expectation of privacy, through the use of a visual or
38auditory enhancing device,begin insert including a device affixed to or
39contained within an unmanned aircraft system as defined in Section
4014350 of the Penal Code,end insert regardless of whether there is a physical
P4 1trespass, if this image, sound recording, or other physical
2impression could not have been achieved without a trespass unless
3the visual or auditory enhancing device was used.
4(c) An assault or false imprisonment committed with the intent
5to capture any type of visual image, sound recording, or other
6physical impression of the plaintiff is subject to subdivisions (d),
7(e), and (h).
8(d) A person who commits any act described in subdivision (a),
9(b), or (c) is liable for up to
three times the amount of any general
10and special damages that are proximately caused by the violation
11of this section. This person may also be liable for punitive damages,
12subject to proof according to Section 3294. If the plaintiff proves
13that the invasion of privacy was committed for a commercial
14purpose, the defendant shall also be subject to disgorgement to the
15plaintiff of any proceeds or other consideration obtained as a result
16of the violation of this section. A person who comes within the
17description of this subdivision is also subject to a civil fine of not
18less than five thousand dollars ($5,000) and not more than fifty
19thousand dollars ($50,000).
20(e) A person who directs, solicits, actually induces, or actually
21causes another person, regardless of whether there is an
22employer-employee relationship, to violate any provision of
23subdivision (a), (b), or (c) is liable for any general, special, and
24consequential damages resulting from
eachbegin delete saidend delete violation. In
25addition, the person that directs, solicits, actually induces, or
26actually causes another person, regardless of whether there is an
27employer-employee relationship, to violate this section shall be
28liable for punitive damages to the extent that an employer would
29be subject to punitive damages pursuant to subdivision (b) of
30Section 3294. A person who comes within the description of this
31subdivision is also subject to a civil fine of not less than five
32thousand dollars ($5,000) and not more than fifty thousand dollars
33($50,000).
34(f) (1) The transmission, publication, broadcast, sale, offer for
35sale, or other use of any visual image, sound recording, or other
36physical impression that was taken or captured in violation of
37subdivision (a), (b), or (c) shall not constitute a violation of this
38section unless the person, in
the first transaction following the
39taking or capture of the visual image, sound recording, or other
40physical impression, publicly transmitted, published, broadcast,
P5 1sold or offered for sale, the visual image, sound recording, or other
2physical impression with actual knowledge that it was taken or
3captured in violation of subdivision (a), (b), or (c), andbegin delete provideend delete
4begin insert was providedend insert compensation, consideration, or remuneration,
5monetary or otherwise, for the rights to the unlawfully obtained
6visual image, sound recording, or other physical impression.
7(2) For the purposes of paragraph (1), “actual knowledge” means
8actual awareness, understanding, and recognition, obtained prior
9to the time at which the person purchased or acquired the visual
10image, sound
recording, or other physical impression, that the
11visual image, sound recording, or other physical impression was
12taken or captured in violation of subdivision (a), (b), or (c). The
13plaintiff shall establish actual knowledge by clear and convincing
14evidence.
15(3) Any person that publicly transmits, publishes, broadcasts,
16sells or offers for sale, in any form, medium, format or work, a
17visual image, sound recording, or other physical impression that
18was previously publicly transmitted, published, broadcast, sold or
19offered for sale, by another person, is exempt from liability under
20this section.
21(4) If a person’s first public transmission, publication, broadcast,
22or sale or offer for sale, of a visual image, sound recording, or
23other physical impression that was taken or captured in violation
24of subdivision (a), (b), or (c), does not constitute a violation of this
25section, that
person’s subsequent public transmission, publication,
26broadcast, sale or offer for sale, in any form, medium, format or
27work, of the visual image, sound recording, or other physical
28impression, does not constitute a violation of this section.
29(5) This section applies only to a visual image, sound recording,
30or other physical impression that is captured or taken in California
31in violation of subdivision (a), (b), or (c) after January 1, 2010,
32and shall not apply to any visual image, sound recording, or other
33physical impression taken or captured outside of California.
34(6) Nothing in this subdivision shall be construed to impair or
35limit a special motion to strike pursuant to Section 425.16, 425.17,
36or 425.18 of the Code of Civil Procedure.
37(7) This section shall not be construed to limitbegin delete allend deletebegin insert
anyend insert other
38begin delete rights or remediesend deletebegin insert cause of action, right, or remedyend insert of the plaintiff
39in law or equity, including, but not limited to, the publication of
40private facts.
P6 1(g) This section shall not be construed to impair or limit any
2otherwise lawful activities of law enforcement personnel or
3employees of governmental agencies or other entities, either public
4or private who, in the course and scope of their employment, and
5supported by an articulable suspicion, attempt to capture any type
6of visual image, sound recording, or other physical impression of
7a person during an investigation, surveillance, or monitoring of
8any conduct to obtain evidence of suspected illegal activity or
9other misconduct, the suspected violation of
any administrative
10rule or regulation, a suspected fraudulent conduct, or any activity
11involving a violation of law or business practices or conduct of
12public officials adversely affecting the public welfare, health or
13safety.
14(h) In any action pursuant to this section, the court may grant
15equitable relief, including, but not limited to, an injunction and
16restraining order against further violations of subdivision (a), (b),
17or (c).
18(i) The rights and remedies provided in this section are
19cumulative and in addition to any other rights and remedies
20provided by law.
21(j) It is not a defense to a violation of this section that no image,
22recording, or physical impression was captured or sold.
23(k) For the purposes of this section, “for a commercial purpose”
24
means any act done with the expectation of a sale, financial gain,
25or other consideration. A visual image, sound recording, or other
26physical impression shall not be found to have been, or intended
27to have beenbegin insert,end insert captured for a commercial purpose unless it is
28intended to be, or was in fact, sold, published, or transmitted.
29(l) For the purposes of this section, “personal and familial
30activity” includes, but is not limited to, intimate details of the
31plaintiff’s personal life, interactions with the plaintiff’s family or
32significant others, or other aspects of the plaintiff’s private affairs
33or concerns. “Personal and familial activity” does not include
34illegal or otherwise criminal activity as delineated in subdivision
35(g). However, “personal and familial activity” shall include the
36activities of victims of crime in circumstances under which
37
subdivision (a), (b), or (c) would apply.
38(m) (1) A proceeding to recover the civil fines specified in
39subdivision (d) or (e) may be brought in any court of competent
40jurisdiction by a county counsel or city attorney.
P7 1(2) Fines collected pursuant to this subdivision shall be allocated,
2as follows:
3(A) One-half shall be allocated to the prosecuting agency.
4(B) One-half shall be deposited in the Arts and Entertainment
5Fund, which is hereby created in the State Treasury.
6(3) Funds in the Arts and Entertainment Fund created pursuant
7to paragraph (2) may be expended by the California Arts Council,
8upon appropriation by the Legislature, to issue grants pursuant to
9the
Dixon-Zenovich-Maddy California Arts Act of 1975 (Chapter
109 (commencing with Section 8750) of Division 1 of Title 2 of the
11Government Code).
12(4) The rights and remedies provided in this subdivision are
13cumulative and in addition to any other rights and remedies
14provided by law.
15(n) The provisions of this section are severable. If any provision
16of this section or its application is held invalid, that invalidity shall
17not affect other provisions or applications that can be given effect
18without the invalid provision or application.
begin insertSection 632 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
(a) Every person who, intentionally and without the
21consent of all parties to a confidential communication, by means
22of any electronic amplifying or recording device,begin insert including a device
23affixed to or contained within an unmanned aircraft system as
24defined in Section 14350,end insert eavesdrops upon or records the
25confidential communication, whether the communication is carried
26on among the parties in the presence of one another or by means
27of a telegraph, telephone, or other device, except a radio, shall be
28punished by a fine not exceeding two thousand five hundred dollars
29($2,500), or imprisonment in the county jail not exceeding one
30year, or in the state prison, or by both that fine and
imprisonment.
31If the person has previously been convicted of a violation of this
32section or Section 631, 632.5, 632.6, 632.7, or 636, the person
33shall be punished by a fine not exceeding ten thousand dollars
34($10,000), by imprisonment in the county jail not exceeding one
35year, or in the state prison, or by both that fine and imprisonment.
36(b) The term “person” includes an individual, business
37association, partnership, corporation, limited liability company,
38or other legal entity, and an individual acting or purporting to act
39for or on behalf of any government or subdivision thereof, whether
40federal, state, or local, but excludes an individual known by all
P8 1parties to a confidential communication to be overhearing or
2recording the communication.
3(c) The term “confidential communication” includes any
4communication carried on in circumstances as may reasonably
5indicate that any party
to the communication desires it to be
6confined to the parties thereto, but excludes a communication made
7in a public gathering or in any legislative, judicial, executive or
8administrative proceeding open to the public, or in any other
9circumstance in which the parties to the communication may
10reasonably expect that the communication may be overheard or
11recorded.
12(d) Except as proof in an action or prosecution for violation of
13this section, no evidence obtained as a result of eavesdropping
14upon or recording a confidential communication in violation of
15this section shall be admissible in any judicial, administrative,
16legislative, or other proceeding.
17(e) This section does not apply (1) to any public utility engaged
18in the business of providing communications services and facilities,
19or to the officers, employees or agents thereof, where the acts
20otherwise prohibited by this section
are for the purpose of
21construction, maintenance, conduct or operation of the services
22and facilities of the public utility, or (2) to the use of any
23instrument, equipment, facility, or service furnished and used
24pursuant to the tariffs of a public utility, or (3) to any telephonic
25communication system used for communication exclusively within
26a state, county, city and county, or city correctional facility.
27(f) This section does not apply to the use of hearing aids and
28similar devices, by persons afflicted with impaired hearing, for
29the purpose of overcoming the impairment to permit the hearing
30of sounds ordinarily audible to the human ear.
begin insertSection 647 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
Except as provided in subdivision (l), every person who
33commits any of the following acts is guilty of disorderly conduct,
34a misdemeanor:
35(a) Who solicits anyone to engage in or who engages in lewd
36or dissolute conduct in any public place or in any place open to
37the public or exposed to public view.
38(b) Who solicits or who agrees to engage in or who engages in
39any act of prostitution. A person agrees to engage in an act of
40prostitution when, with specific intent to so engage, he or she
P9 1manifests an acceptance of an offer or solicitation to so engage,
2regardless of whether the offer or solicitation was made by a person
3who also possessed the specific intent to engage in prostitution.
4No agreement to engage in an act of
prostitution shall constitute
5a violation of this subdivision unless some act, in addition to the
6agreement, is done within this state in furtherance of the
7commission of an act of prostitution by the person agreeing to
8engage in that act. As used in this subdivision, “prostitution”
9includes any lewd act between persons for money or other
10consideration.
11(c) Who accosts other persons in any public place or in any
12place open to the public for the purpose of begging or soliciting
13alms.
14(d) Who loiters in or about any toilet open to the public for the
15purpose of engaging in or soliciting any lewd or lascivious or any
16unlawful act.
17(e) Who lodges in any building, structure, vehicle, or place,
18whether public or private, without the permission of the owner or
19person entitled to the possession or in control of it.
20(f) Who is found in any public place under the influence of
21intoxicating liquor, any drug, controlled substance, toluene, or any
22combination of any intoxicating liquor, drug, controlled substance,
23or toluene, in a condition that he or she is unable to exercise care
24for his or her own safety or the safety of others, or by reason of
25his or her being under the influence of intoxicating liquor, any
26drug, controlled substance, toluene, or any combination of any
27intoxicating liquor, drug, or toluene, interferes with or obstructs
28or prevents the free use of any street, sidewalk, or other public
29way.
30(g) When a person has violated subdivision (f), a peace officer,
31if he or she is reasonably able to do so, shall place the person, or
32cause him or her to be placed, in civil protective custody. The
33person shall be taken to a facility, designated pursuant to Section
345170 of the Welfare and
Institutions Code, for the 72-hour
35treatment and evaluation of inebriates. A peace officer may place
36a person in civil protective custody with that kind and degree of
37force which would be lawful were he or she effecting an arrest for
38a misdemeanor without a warrant. No person who has been placed
39in civil protective custody shall thereafter be subject to any criminal
40prosecution or juvenile court proceeding based on the facts giving
P10 1rise to this placement. This subdivision shall not apply to the
2following persons:
3(1) Any person who is under the influence of any drug, or under
4the combined influence of intoxicating liquor and any drug.
5(2) Any person who a peace officer has probable cause to believe
6has committed any felony, or who has committed any misdemeanor
7in addition to subdivision (f).
8(3) Any person who a
peace officer in good faith believes will
9attempt escape or will be unreasonably difficult for medical
10personnel to control.
11(h) Who loiters, prowls, or wanders upon the private property
12of another, at any time, without visible or lawful business with the
13owner or occupant. As used in this subdivision, “loiter” means to
14delay or linger without a lawful purpose for being on the property
15and for the purpose of committing a crime as opportunity may be
16discovered.
17(i) Who, while loitering, prowling, or wandering upon the private
18property of another, at any time, peeks in the door or window of
19any inhabited building or structure, without visible or lawful
20business with the owner or occupant.
21(j) (1) Any person who looks through a hole or opening, into,
22or otherwise views, by means of any
instrumentality, including,
23but not limited to, a periscope, telescope, binoculars, camera,
24motion picture camera, camcorder, or mobile phone,begin insert or by means
25of any of these instrumentalities affixed to or contained within an
26unmanned aircraft system as defined in Section 14350,end insert the interior
27of a bedroom, bathroom, changing room, fitting room, dressing
28room, or tanning booth, or the interior of any other area in which
29the occupant has a reasonable expectation of privacy, with the
30intent to invade the privacy of a person or persons inside. This
31subdivision shall not apply to those areas of a private business
32used to count currency or other negotiable instruments.
33(2) Any person who uses a concealed camcorder, motion picture
34camera, or photographic camera of any type,begin insert
including any of those
35devices when affixed to or contained within an unmanned aircraft
36system,end insert to secretly videotape, film, photograph, or record by
37electronic means, another, identifiable person under or through
38the clothing being worn by that other person, for the purpose of
39viewing the body of, or the undergarments worn by, that other
40person, without the consent or knowledge of that other person,
P11 1with the intent to arouse, appeal to, or gratify the lust, passions,
2or sexual desires of that person and invade the privacy of that other
3person, under circumstances in which the other person has a
4reasonable expectation of privacy.
5(3) (A) Any person who uses a concealed camcorder, motion
6picture camera, or photographic camera of any type,begin insert including any
7of those devices when affixed to or contained within
an unmanned
8aircraft system,end insert to secretly videotape, film, photograph, or record
9by electronic means, another, identifiable person who may be in
10a state of full or partial undress, for the purpose of viewing the
11body of, or the undergarments worn by, that other person, without
12the consent or knowledge of that other person, in the interior of a
13bedroom, bathroom, changing room, fitting room, dressing room,
14or tanning booth, or the interior of any other area in which that
15other person has a reasonable expectation of privacy, with the
16intent to invade the privacy of that other person.
17(B) Neither of the following is a defense to the crime specified
18in this paragraph:
19(i) The defendant was a cohabitant, landlord, tenant, cotenant,
20employer, employee, or business partner or associate of the victim,
21or an agent of any of these.
22(ii) The victim was not in a state of full or partial undress.
23(k) In any accusatory pleading charging a violation of
24subdivision (b), if the defendant has been once previously convicted
25of a violation of that subdivision, the previous conviction shall be
26charged in the accusatory pleading. If the previous conviction is
27found to be true by the jury, upon a jury trial, or by the court, upon
28a court trial, or is admitted by the defendant, the defendant shall
29be imprisoned in a county jail for a period of not less than 45 days
30and shall not be eligible for release upon completion of sentence,
31on probation, on parole, on work furlough or work release, or on
32any other basis until he or she has served a period of not less than
3345 days in a county jail. In all cases in which probation is granted,
34the court shall require as a condition thereof that the person be
35confined in a county jail for
at least 45 days. In no event does the
36court have the power to absolve a person who violates this
37subdivision from the obligation of spending at least 45 days in
38confinement in a county jail.
39In any accusatory pleading charging a violation of subdivision
40(b), if the defendant has been previously convicted two or more
P12 1times of a violation of that subdivision, each of these previous
2convictions shall be charged in the accusatory pleading. If two or
3more of these previous convictions are found to be true by the jury,
4upon a jury trial, or by the court, upon a court trial, or are admitted
5by the defendant, the defendant shall be imprisoned in a county
6jail for a period of not less than 90 days and shall not be eligible
7for release upon completion of sentence, on probation, on parole,
8on work furlough or work release, or on any other basis until he
9or she has served a period of not less than 90 days in a county jail.
10In all cases in which probation is granted, the court
shall require
11as a condition thereof that the person be confined in a county jail
12for at least 90 days. In no event does the court have the power to
13absolve a person who violates this subdivision from the obligation
14of spending at least 90 days in confinement in a county jail.
15In addition to any punishment prescribed by this section, a court
16may suspend, for not more than 30 days, the privilege of the person
17to operate a motor vehicle pursuant to Section 13201.5 of the
18Vehicle Code for any violation of subdivision (b) that was
19committed within 1,000 feet of a private residence and with the
20use of a vehicle. In lieu of the suspension, the court may order a
21person’s privilege to operate a motor vehicle restricted, for not
22more than six months, to necessary travel to and from the person’s
23place of employment or education. If driving a motor vehicle is
24necessary to perform the duties of the person’s employment, the
25court may also allow the person to drive in that
person’s scope of
26employment.
27(l) (1) A second or subsequent violation of subdivision (j) is
28punishable by imprisonment in a county jail not exceeding one
29year, or by a fine not exceeding two thousand dollars ($2,000), or
30by both that fine and imprisonment.
31(2) If the victim of a violation of subdivision (j) was a minor at
32the time of the offense, the violation is punishable by imprisonment
33in a county jail not exceeding one year, or by a fine not exceeding
34two thousand dollars ($2,000), or by both that fine and
35imprisonment.
begin insertTitle 14 (commencing with Section 14350) is added to
37Part 4 of the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
“Unmanned aircraft system” means unmanned aircraft
4and associated elements, including communication links and the
5components that control the unmanned aircraft, that are required
6for the pilot in command to operate the unmanned aircraft safely
7and efficiently within the national airspace system.
An unmanned aircraft system may not be equipped with
9a weapon.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.
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