Bill Text: CA AB1957 | 2015-2016 | Regular Session | Amended
Bill Title: Public records: body-worn cameras.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-13 - Stricken from file. [AB1957 Detail]
Download: California-2015-AB1957-Amended.html
BILL NUMBER: AB 1957 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 18, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Quirk
FEBRUARY 12, 2016
An act to add Section 6254.31 to the Government Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1957, as amended, Quirk. Public records: body-worn cameras.
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. Existing law
exempts from the disclosure requirements records of complaints to, or
investigations conducted by, or records of intelligence information
or security procedures of, law enforcement agencies, including the
Attorney General and state or local police agencies.
This bill would authorize the governing board of a law enforcement
agency, in closed session, to review the footage from a body-worn
camera when a peace officer who was wearing the camera is involved
in in, or was a witness to, an incident
that results in great bodily injury to, or death
of of, a person other than the peace officer.
The bill would require the judge, if there is a prosecution
of the peace officer after an investigation, require,
if there is an investigation into an allegation of
misconduct by the peace officer, and the investigation leads to
criminal prosecution of the peace officer within 60 days after the
commencement of the investigation, the judge to determine the
protocol for release of the footage from a body-worn camera. The bill
would require a require, if there is no
investigation into an allegation of misconduct by the peace officer,
or if there is an investigation, but the investigation does not lead
to criminal prosecution of the peace officer within 60 days of the
commencement of the investigation, the state or local law
enforcement agency employing the peace officer to make
available, upon request, footage from a law enforcement
body-worn camera 60 days after the commencement of
an investigation into an allegation of misconduct by the peace
officer based on use of force resulting in great bodily injury or
death of a person other than the peace officer. the
investigation. The bill would also prohibit the public
release release, as specified, of footage that
relates to crimes of domestic violence, crimes that include minors,
or that includes statements of a witness at the scene of a crime,
subject to a specified exception.
By increasing the duties of local law enforcement, this bill would
impose a state-mandated local program.
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, with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6254.31 is added to the Government Code, to
read:
6254.31. (a) Before the end of the business day following the
date on which the incident occurs, the governing body of the law
enforcement agency, in closed session, may review the footage from a
body-worn camera when the peace officer who was wearing the camera is
involved in in, or was a witness to,
an incident that results in great bodily injury to, or the
death of of, a person other than the
peace officer.
(b) If, after reviewing the footage as authorized in
subdivision (a), there is an investigation that leads to prosecution
of the peace officer, the judge shall review the If
there is an investigation into an allegation of misconduct by a peace
officer based on the peace officer's use of force, which resulted in
great bodily injury to, or the death of, a person other than the
peace officer, and that investigation leads to criminal prosecution
of the peace officer within 60 days after the commencement of the
investigation, the judge shall review the footage from any
body-worn camera footage worn by the peace
officer involved, or by a peace officer who was a witness to the
incident, and determine the release protocol, including, but
not limited to, whether the footage is released, to whom, and if
redaction is required.
(c) Except as provided in subdivision (d), and
notwithstanding Section 6254, a if there is
not an investigation into an allegation of misconduct by a peace
officer based on the peace officer's use of force, which resulted in
great bodily injury to, or the death of, a person other than the
peace officer, or if there is an investigation, but the investigation
does not lead to criminal prosecution of the peace
officer within 60 days after the commencement of the investigation,
the state or local law enforcement agency employing the
peace officer shall make available, upon request pursuant to
this chapter, the footage from a law enforcement
body-worn camera worn by the peace officer involved,
or by a peace officer who was a witness to the incident, within
60 days after the commencement of an investigation into an
allegation of misconduct by the peace officer based on use of force
resulting in great bodily injury or death of a person other than the
peace officer depicted in the footage. This subdivision shall only
apply where the investigation does not result in charges of
misconduct against the officer. the investigation.
(d) Footage of body-worn cameras that relates to crimes of
domestic violence, crimes that include minors, or that includes
statements of a witness at the scene of a crime shall not be released
for public viewing pursuant to subdivision (c) if the
public interest in nondisclosure, or the privacy interests of any
person depicted in the footage clearly outweighs the public interest
in disclosure and it is not feasible to redact the portion of the
recording that shows domestic violence, minors, or statements of a
witness from the footage.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 3. The Legislature finds and declares that Section 1 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 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:
By expanding public access to footage obtained from a law
enforcement body-worn camera, body-worn cameras,
this bill furthers the purpose of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution.
