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. Existing 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. Existing 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. Existing 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. This bill would, under the above-referenced civil and criminal provisions, provide that engaging in the prohibited activities through the use of 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. This bill would also provide that an unmanned aircraft system may not be equipped with a weapon, as defined. The bill would make equipping an unmanned aircraft system with a weapon a crime, punishable as specified. By creating a new crime, the bill would impose a state-mandated local program. This bill would define "unmanned aircraft system" for all of these purposes. The bill would provide, subject to exceptions, that data collected by an unmanned aircraft system pursuant to a warrant be destroyed after one year. The bill would provide that data collected by an unmanned aircraft system would be subject to disclosure pursuant to the California Public Records Act. The bill would require local public agencies to provide reasonable public notice regarding the acquisition of an unmanned aircraft system. The bill would require, subject to exceptions, that data collected by a public agency not be disseminated or provided to a law enforcement agency without a warrant. The bill would require an unmanned aircraft system to be painted or labeled in a way that provides high visibility of the unmanned aircraft system. Existing law provides that a search warrant may only be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing or things, and the place to be searched. This bill would require a law enforcement agency to obtain a search warrant when using an unmanned aircraft, as specified, and require that an application for the search warrant specify if an unmanned aircraft system, as defined, will be used in the execution of the search warrant, and the intended purpose for which the unmanned aircraft system will be used. This bill would also state the intent of the Legislature to enact legislation that would establish appropriate standards for the use of unmanned aircraft systems. The 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. This bill would provide that no reimbursement is required by this act for a specified reason.