Bill Text: CA AB1246 | 2015-2016 | Regular Session | Amended
Bill Title: Body worn cameras: peace officers: limited disclosure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1246 Detail]
Download: California-2015-AB1246-Amended.html
BILL NUMBER: AB 1246 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Quirk
FEBRUARY 27, 2015
An act to amend Section 832.7 of the Penal Code, relating
to peace officers. add Section 6254.32 to the
Government Code, relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1246, as amended, Quirk. Peace officers.
Body worn cameras: peace officers: limited disclosure.
(1) The California Public Records Act requires that public records
be open to inspection at all times during the office hours of a
state or local agency and that every person has a right to inspect
any public record, except as specifically provided. The act further
requires that a reasonably segregable portion of a public record be
available for inspection by any person requesting the public record
after deletion of the portions that are exempted by law.
This bill would, notwithstanding any other law, prohibit the
disclosure of a recording made by a body worn camera, as defined,
except for requiring disclosure to the person whose image is recorded
by the body worn camera.
(2) 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.
(3) 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.
(4) 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.
Existing law provides that peace officer or custodial officer
personnel records and records maintained by any state or local
agency, or information obtained from these records, are confidential
and shall not be disclosed in any criminal or civil proceeding except
by discovery. Existing law describes exceptions to this policy,
including data regarding the number, type, or disposition of
complaints made against officers if that information is in a form
that does not identify the individuals involved.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6254.32 is added to the
Government Code , to read:
6254.32. (a) Notwithstanding any other law, including, but not
limited to, Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, a recording made by a body worn camera is
confidential and shall not be disclosed, except that the recording
shall be disclosed to the person whose image is recorded by the body
worn camera.
(b) The following definitions shall apply to this section:
(1) "Body worn camera" means a device attached to the uniform or
body of a peace officer that records video, audio, or both, in a
digital or analog format.
(2) "Peace officer" means any person designated as a peace officer
pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code.
SEC. 2. The Legislature finds and declares that
Section 1 of this act, which adds Section 6254.32 to the Government
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or 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 individual privacy from the public disclosure
of images captured by a body worn camera outweighs the interest in
the public disclosure of that information.
SEC. 3. The Legislature finds and declares that
Section 1 of this act, which adds Section 6254.32 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 meetings of local public bodies or 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:
Protecting the privacy of a person whose image is captured by body
worn cameras on local peace officers enhances public safety and the
protection of individual rights, thereby furthering the purposes of
Section 3 of Article I of the California Constitution.
SEC. 4. 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.
SECTION 1. Section 832.7 of the Penal Code is
amended to read:
832.7. (a) Peace officer or custodial officer personnel records
and records maintained by any state or local agency pursuant to
Section 832.5, or information obtained from these records, are
confidential and shall not be disclosed in any criminal or civil
proceeding except by discovery pursuant to Sections 1043 and 1046 of
the Evidence Code. This section shall not apply to investigations or
proceedings concerning the conduct of peace officers or custodial
officers, or an agency or department that employs those officers,
conducted by a grand jury, a district attorney's office, or the
Attorney General's office.
(b) Notwithstanding subdivision (a), a department or agency shall
release to the complaining party a copy of his or her own statements
at the time the complaint is filed.
(c) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may disseminate data regarding
the number, type, or disposition of complaints (sustained, not
sustained, exonerated, or unfounded) made against its officers if
that information is in a form that does not identify the individuals
involved.
(d) Notwithstanding subdivision (a), a department or agency that
employs peace or custodial officers may release factual information
concerning a disciplinary investigation if the officer who is the
subject of the disciplinary investigation, or the officer's agent or
representative, publicly makes a statement he or she knows to be
false concerning the investigation or the imposition of disciplinary
action. Information may not be disclosed by the peace or custodial
officer's employer unless the false statement was published by an
established medium of communication, including, but not limited to,
television, radio, or a newspaper. Disclosure of factual information
by the employing agency pursuant to this subdivision is limited to
facts contained in the officer's personnel file concerning the
disciplinary investigation or imposition of disciplinary action that
specifically refute the false statements made public by the peace or
custodial officer or his or her agent or representative.
(e) (1) The department or agency shall provide written
notification to the complaining party of the disposition of the
complaint within 30 days of the disposition.
(2) The notification described in this subdivision shall not be
conclusive or binding or admissible as evidence in any separate or
subsequent action or proceeding brought before an arbitrator, court,
or judge of this state or the United States.
(f) Nothing in this section shall affect the discovery or
disclosure of information contained in a peace or custodial officer's
personnel file pursuant to Section 1043 of the Evidence Code.
