SB 262

Bill Subjects

Abstract

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, 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 state law generally regulates the use of surveillance technology by a law enforcement agency. This bill would specifically authorize a law enforcement agency to use an unmanned aircraft system if the use of the unmanned aircraft system complies with certain conditions, including, among others, protections against unreasonable searches guaranteed by the United States Constitution and the California Constitution, federal law applicable to the use of an unmanned aircraft system by a law enforcement agency, and state law applicable to a law enforcement agency's use of surveillance technology that can be attached to an unmanned aircraft system. The bill would prohibit a law enforcement agency from using an unmanned aircraft system to conduct surveillance of private property unless the law enforcement agency has obtained a search warrant, the person or entity with the legal authority to grant access to the private property grants the law enforcement agency permission to access the property, or an exigent circumstance exists. The bill would define law enforcement agency and unmanned aircraft system for these purposes. The bill would also make related findings and declarations.