Bill Text: CA AB66 | 2015-2016 | Regular Session | Amended
Bill Title: Peace officers: body-worn cameras.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB66 Detail]
Download: California-2015-AB66-Amended.html
BILL NUMBER: AB 66 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY APRIL 27, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY APRIL 9, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
(Principal coauthor: Assembly Member Bonta)
(Coauthors: Assembly Members Gipson and Rodriguez)
DECEMBER 17, 2014
An act to add Section 830.16 6254.31 to
the Government Code, and to add Sections 830.16, 830.17, 830.18, and
830.19 to the Penal Code, relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 66, as amended, Weber. Peace officers: body-worn cameras.
Existing law makes it a crime to intentionally record a
confidential communication without the consent of all parties to the
communication. Existing law exempts specified peace officers from
that provision if they are acting within the scope of their
authority.
This bill would impose specified requirements and
prohibitions on a law enforcement agency that requires a
peace officer employed by the agency to use a body-worn camera,
including, among other things, a requirement that the agency
conspicuously post its policies and procedures regarding body-worn
cameras on its Internet Web site, and a prohibition on a
peace officer operating a body-worn camera under certain
circumstances. The bill would further require that when a peace
officer is involved in an incident involving a serious use of force,
the officer may only review his or her body-worn camera video after
making an initial statement and report. The bill would also require
those law enforcement agencies to consider specified guidelines when
adopting a body-worn camera policy, including, among others, a
requirement that a peace officer equipped with a body worn camera
activate the camera when responding to calls for assistance and when
performing law enforcement activities in the field. Except as
provided, the bill would specifically require that a request for a
file from a body-worn camera be processed in accordance with the
California Public Records Act. site. The bill would
prohibit a peace officer employed by a law enforcement agency that
requires a body-worn camera to be used by its peace officers from,
among other things, making copies of any body-worn camera files for
his or her personal use, or using a recording device such
as a telephone camera or secondary video camera to record a body-worn
camera file or image. Except as provided, the bill would authorize a
peace officer subject to its provisions to review his or her
body-worn camera video before making his or her initial statement and
report.
This bill would specifically authorize a law enforcement agency
that requires a body-worn camera to be used by a peace officer that
the agency employs to consider specified model policies when adopting
a body-worn camera policy, including, among others, a policy
regarding where a peace officer is authorized to position the
body-worn camera to facilitate optimum recording field of view.
Existing law, the California Public Records Act, requires state
and local agencies to make their records available for public
inspection, unless an exemption from disclosure applies.
This bill would exempt specified body-worn camera files created by
a peace officer of a state or local law enforcement agency from
disclosure pursuant to the act, including, among others, files that
depict any victim of rape, incest, domestic violence, or child abuse,
if the footage relates to any of those incidents.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
This bill would make legislative findings to that effect.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares:
(a) Twenty-first century policing demands more transparency in
everyday interactions with the public. In light of a number of high
profile use of force incidents involving law enforcement,
law-enforcement, body-worn cameras are seen as
an important means toward achieving this goal.
(b) Several law enforcement
law-enforcement agencies in California are already implementing
body-worn camera programs. Because of the potential of this
technology to document law enforcement
law-enforcement interactions, we must be cognizant in
protecting citizen careful that their use is
respectful of individual privacy and does not
violate civil liberties.
(c) The development of best practices will be necessary to ensure
the public's trust in law enforcement.
law-enforcement. The use of the portable video
recording system a body-worn camera provides
documentary evidence for criminal investigations, internal or
administrative investigations, and civil litigation.
(d) The Legislature intends that law-enforcement agencies and
local governments should periodically review their policies related
to the implementation of these requirements and guidelines, to
account for changes in technology and the public sentiment, as well
as lessons learned and best practices developed throughout the
nation.
(d)
(e) The Legislature intends for officers to utilize
body-worn cameras in accordance with the provisions
requirements in this act to maximize the
effectiveness of the audio and video documentation to achieve
operational objectives objectives, and
to ensure evidence integrity.
SEC. 2. Section 830.16 is added to the Penal
Code, to read:
830.16. (a) A law enforcement agency that requires a body-worn
camera to be used by a peace officer that the agency employs shall
comply with the following requirements:
(1) A law enforcement agency shall conspicuously post its policies
and procedures regarding body-worn cameras on its Internet Web site.
(2) A peace officer shall only use the body-worn camera systems
issued and approved by the law enforcement agency that employs him or
her for official police duties.
(3) A peace officer shall not make copies of any body-worn camera
files for his or her personal use or use a recording device such as a
telephone camera or secondary video camera to record a body-worn
camera file.
(4) A peace officer shall not operate a body-worn camera under any
of the following circumstances:
(A) In a health facility or medical office when patients may be in
view of the body-worn camera or when a health care practitioner is
providing care to an individual.
(B) During an ambulance response to an accident or illness where
the victim is not involved in any criminal activity.
(C) Situations where recording would risk the safety of a
confidential informant or undercover peace officer.
(5) Operation of a body-worn camera shall begin with the officer
providing on-camera notice to a person being recorded that a
body-worn camera is recording video, and provide the person with the
option to request that the body-worn camera be turned off under both
of the following circumstances:
(A) When the subject of the video is a victim of rape, incest,
domestic violence, or other forms of domestic or sexual harm.
(B) When an officer is at a private residence without a warrant
and in a nonemergency situation.
(6) (A) When a peace officer is involved in an incident involving
a serious use of force, a peace officer may only review his or her
body-worn camera video after making his or her initial statement and
report.
(B) (i) Once a peace officer's initial report has been submitted
and approved, a supervisor may show the peace officer the body-worn
camera video. The peace officer may be given the opportunity to
provide additional information to supplement his or her statement. If
the review results in a modified report, both of the reports shall
be provided to all parties to a civil, criminal, or administrative
investigation. The fact that a modified or secondary report was
prepared shall not be the sole basis for placing an officer on a
Brady List.
(ii) For the purposes of this subparagraph, "Brady List" means any
system, index, list, or other record containing the names of peace
officers whose personnel files are likely to contain evidence of
dishonesty or bias, which is maintained by a prosecutorial agency or
office in accordance with the holding in Brady v. Maryland (1963) 373
U.S. 83.
(C) For the purpose of subparagraph (A), "serious use of force"
means any of the following:
(i) Force resulting in death.
(ii) Force resulting in a loss of consciousness.
(iii) Force resulting in protracted loss, impairment, serious
disfigurement, or function of any body part or organ.
(iv) Weapon strike to the head.
(v) Intentional firearm discharge at a person, regardless of
injury.
(vi) Unintentional firearm discharge if a person is injured as a
result of the discharge.
(b) In addition to subdivision (a), a law enforcement agency shall
consider the following guidelines when adopting a body-worn camera
policy:
(1) A peace officer equipped with a body-worn camera shall
activate the camera when responding to calls for assistance and when
performing law enforcement activities in the field, including, but
not limited to, traffic or pedestrian stops, pursuits, arrests,
searches, seizures, interrogations, and any other investigative or
enforcement encounters in the field.
(2) A peace officer shall ensure that a body-worn camera is fully
functional, including, but not limited to, ensuring that the camera
can be turned on and off and record video and audio, and that the
camera is properly charged, prior to going into the field. A peace
officer shall not violate a person's reasonable expectation of
privacy when ensuring that a body-worn camera is fully functional
pursuant to this paragraph.
(3) A peace officer wearing a body-worn camera shall position the
camera on his or her chest, head, shoulder, collar, or any area above
the mid-torso of his or her uniform to facilitate optimum recording
field of view.
(4) Both video and audio recording functions of a body-worn camera
shall be activated when an officer is responding to a call for
service or at the initiation of any other law enforcement or
investigative encounter between a police officer and a member of the
public. During an encounter with a member of the public, the officer
shall notify the member of the public that the body-worn camera is
recording, and shall not deactivate the body-worn camera until the
conclusion of the encounter.
(5) A peace officer may stop recording when an arrestee is secured
inside a fixed place of detention, as defined in paragraph (3) of
subdivision (g) of Section 859.5.
(6) A peace officer shall record any interview of a suspect or
witness in its entirety, unless paragraphs (4) and (5) of subdivision
(a) apply.
(7) When recording interviews of a suspect, a peace officer shall,
where applicable, inform the suspect of his or her rights under
Miranda v. Arizona (1966) 384 U.S. 436.
(8) In the event of contradicting requests made by a homeowner,
occupant, or renter to stop recording the encounter, the
contradicting requests shall be recorded on video and the peace
officer shall continue to operate and record the encounter.
(9) A peace officer shall not remove, dismantle, or tamper with
any hardware or software components or parts of a body-worn camera.
(10) A peace officer shall not use body-worn camera functions,
when there is no investigatory interaction with a member of the
public, to record any personal conversation of or with another agency
member or employee without the permission of the recorded member or
employee.
(11) A peace officer shall not use a body-worn camera to record
non-work-related activity or to record in places where a reasonable
expectation of privacy exists.
(12) A peace officer shall not allow a computerized facial
recognition program or application to be used with a body-worn camera
or a recording made by a body-worn camera unless the use has been
authorized by a warrant issued by a court.
(13) When safe and practical, an on-scene supervisor may retrieve
a body-worn camera from an officer. The supervisor shall be
responsible for ensuring the camera data is uploaded into the desired
data processing and collection method.
(c) This section does not require a peace officer, in a public
venue, to cease recording an event, situation, or circumstance solely
at the demand of a citizen.
(d) (1) Any request from within a law enforcement agency for
recordings from a body-worn camera from that agency shall be
completed by the system administrator with the approval of the head
of the agency.
(2) All other requests for recordings from a body-worn camera
shall be processed in accordance with the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
(e) Any use of body-worn cameras by a peace officer not otherwise
prescribed by this section or any other law is subject to bargaining
pursuant to the Myers-Milias-Brown Act (Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 of the Government Code).
SEC. 2. Section 6254.31 is added to the
Government Code , to read:
6254.31. Body-worn camera files created by a peace officer of a
state or local law-enforcement agency that depict the following
individuals and situations are confidential and shall not be
disclosed to any member of the public pursuant to this chapter:
(a) Any victim of rape, incest, domestic violence, or child abuse,
if the footage relates to any of those incidents.
(b) Any informant of the law-enforcement agency or undercover
peace officer.
(c) When a peace officer is at a private residence in a
nonemergency situation without a warrant.
SEC. 3. Section 830.16 is added to the
Penal Code , to read:
830.16. A law-enforcement agency that requires a body-worn camera
to be used by a peace officer that the agency employs shall comply
with all of the following requirements:
(a) A law-enforcement agency shall conspicuously post its policies
and procedures regarding body-worn cameras on its Internet Web site.
(b) A peace officer shall use only the body-worn camera systems
issued and approved by the law-enforcement agency that employs him or
her. A peace officer shall use the approved body-worn camera only
for official police duties during work hours.
(c) Operation of a body-worn camera shall begin with the officer
making a reasonable effort to provide on-camera notice to a person or
group of persons being recorded that a body-worn camera is recording
video, except where a peace officer is in hot pursuit, where injury
is imminent, or during any other emergency situation or exigent
circumstance.
(d) (1) (A) A peace officer may review his or her body-worn camera
video before making his or her initial statement and report, except
where the formal policy of a law-enforcement agency, adopted before
January 1, 2016, provides otherwise for situations where a peace
officer is involved in an incident involving a serious use of force.
(B) For purposes of this paragraph, "serious use of force" means
any of the following:
(i) Force resulting in death.
(ii) Force resulting in a loss of consciousness.
(iii) Force resulting in protracted loss, impairment, serious
disfigurement, or function of any body part or organ.
(iv) Weapon strike to the head.
(v) Intentional firearm discharge at a person, regardless of
injury.
(vi) Unintentional firearm discharge if a person is injured as a
result of the discharge.
(2) (A) If a peace officer is permitted to review his or her
body-worn camera video only after making his or her initial statement
and report, and the peace officer submits a modified report
thereafter, both of the reports shall be provided to all parties to a
civil, criminal, or administrative investigation. The fact that a
modified or secondary report was prepared shall not be the sole basis
for placing a peace officer on a Brady List.
(B) For the purposes of this paragraph, "Brady List" means any
system, index, list, or other record containing the names of peace
officers whose personnel files are likely to contain evidence of
dishonesty or bias, which is maintained by a prosecutorial agency or
office in accordance with the holding in Brady v. Maryland (1963) 373
U.S. 83.
(e) Any request from within a law-enforcement agency for
recordings from a body-worn camera from that agency shall be
completed by the system administrator with the approval of the head
of the agency. All other requests for recordings from a body-worn
camera shall be processed in accordance with the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code), including, but not limited to,
Section 6254.31 of the Government Code.
SEC. 4. Section 830.17 is added to the
Penal Code , to read:
830.17. (a) A peace officer employed by a law-enforcement agency
that requires a body-worn camera to be used by its peace officers
shall not do any of the following:
(1) Make copies of any body-worn camera files for his or her
personal use, or use a recording device such as a telephone camera or
secondary video camera to record a body-worn camera file or image.
(2) Operate a body-worn camera, except in an emergency or other
exigent circumstance, under any of the following circumstances:
(A) In a health facility or medical office when patients may be in
view of the body-worn camera or when a health care practitioner is
providing care to an individual.
(B) During an ambulance response to an accident or illness where
the victim is not involved in any criminal activity.
(C) Situations where recording would risk the safety of a
confidential informant or undercover peace officer.
(3) Use body-worn camera functions, when there is no investigatory
interaction with a member of the public, to record any personal
conversation of or with another law-enforcement agency member or
employee without the permission of the recorded member or employee.
(4) Use a body-worn camera to record non-work-related activity or
to record in places where a reasonable expectation of privacy exists.
(5) Use computerized facial recognition programs or applications
with a body-worn camera, or on a recording made by a body-worn
camera, unless the use of the program or application has been
authorized by a warrant issued by a court.
(6) Use a body-worn camera at a private residence in a
nonemergency situation without a warrant if so requested by a
homeowner, occupant, or renter. In the event of contradicting
requests made by a homeowner, occupant, or renter to stop recording
the encounter, the contradicting requests may be recorded on video
and the peace officer may continue to operate and record the
encounter.
(b) Subject to subparagraph (C) of paragraph (2) of subdivision
(a), a peace officer may exercise his or her discretion as to whether
or not to operate a body-worn camera when interacting with a
confidential informant.
(c) This section does not require a peace officer, in a public
venue, to cease recording an event, situation, or circumstance solely
at the demand of a citizen.
SEC. 5. Section 830.18 is added to the
Penal Code , to read:
830.18. Any use of body-worn cameras by a peace officer not
otherwise prescribed by Sections 830.16 and 830.17, or any other law,
is subject to bargaining pursuant to the Meyers-Milias-Brown Act
(Chapter 10 (commencing with Section 3500) of Division 4 of Title 1
of the Government Code)), and to the Ralph C. Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1 of the
Government Code.
SEC. 6. Section 830.19 is added to the
Penal Code , to read:
830.19. A law-enforcement agency that requires a body-worn camera
to be used by a peace officer that the agency employs may consider
the following model policies when adopting a body-worn camera policy:
(a) A policy that authorizes a peace officer equipped with a
body-worn camera to activate the camera when responding to calls for
assistance and when performing law-enforcement activities in the
field, including, but not limited to, traffic or pedestrian stops,
pursuits, arrests, searches, seizures, interrogations, and any other
investigative or enforcement encounters in the field.
(b) A policy that authorizes a peace officer to ensure that a
body-worn camera is fully functional prior to going into the field in
a way that protects a person's reasonable expectation of privacy,
including, but not limited to, authorizing the officer to ensure that
the camera can be turned on and off and record video and audio, and
that the camera is properly charged.
(c) A policy regarding where a peace officer is authorized to
position the body-worn camera to facilitate optimum recording field
of view, including, but not limited to, on his or her chest, head,
shoulder, collar, or any area above the mid-torso of his or her
uniform.
(d) A policy regarding which video and audio recording functions
of a body-worn camera a peace officer is authorized to activate when
an officer is responding to a call for service or at the initiation
of any other law-enforcement or investigative encounter between a
police officer and a member of the public. The policy may also
address whether, during an encounter with a member of the public, the
officer is required to notify the member of the public that the
body-worn camera is recording, and whether the peace officer is
prohibited from deactivating the body-worn camera until the
conclusion of the encounter.
(e) A policy that authorizes a peace officer to stop recording if
an arrestee is secured inside a fixed place of detention, as defined
in paragraph (3) of subdivision (g) of Section 859.5.
(f) A policy that, subject to the restrictions described in
subdivision (c) of Section 830.16 and subdivision (b) of Section
830.17, authorizes a peace officer to record any interview of a
suspect or witness in its entirety.
(g) A policy that requires a peace officer, when recording
interviews of a suspect, to, where applicable, inform the suspect of
his or her rights under Miranda v. Arizona (1966) 384 U.S. 436.
(h) A policy that prohibits a peace officer from removing,
dismantling, or tampering with any hardware or software components or
parts of a body-worn camera.
(i) A policy that authorizes, when safe and practical, an on-scene
supervisor to retrieve a body-worn camera from a peace officer,
including but not limited to, authorizing the supervisor to be
responsible for ensuring the camera data is uploaded into the desired
data processing and collection method.
SEC. 7. The Legislature finds and declares that
Section 2 of this act, which adds Section 6254.31 to the Government
Code, imposes a limitation on the public's right of access to the
writings of public officials and agencies within the meaning of
Section 3 of Article I of the California Constitution. Pursuant to
that constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation and
the need for protecting that interest:
The need to protect the privacy of victims of serious crimes, the
privacy of individuals in their homes, and the identity of
confidential police informants and undercover peace officers from the
public disclosure of images captured through the use of a body-worn
camera outweighs the interest in public disclosure of that
information.
SEC. 8. The Legislature finds and declares that
Section 2 of this act, which adds Section 6254.31 to the Government
Code, furthers, within the meaning of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution, the
purposes of that constitutional section as it relates to the right of
public access to the writings of local public officials and local
agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the Legislature makes
the following findings:
Because body-worn cameras used by peace officers may capture
sensitive information that could compromise important police work in
addition to information that is highly valuable to the public,
requiring local agencies to disclose certain records created through
the use of a body-worn camera and maintain the confidentiality of
other body-worn camera records furthers the purpose of Section 3 of
Article I of the California Constitution.
SEC. 9. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.
