CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 510

Introduced by Assembly Member Cooley

February 13, 2019

An act to amend Sections 26202.6, 34090.6, and 53160 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 510, as introduced, Cooley. Local government records: destruction of records.
Existing law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of routine video monitoring maintained by that county, city, or special district after one year if that person receives approval from the legislative body and the written consent of the agency attorney. Existing law authorizes the head of a department of a county or city, or the head of a special district to destroy recordings of telephone and radio communications maintained by that county, city, or special district after 100 days if that person receives approval from the legislative body and the written consent of the agency attorney.
This bill would exempt the head of a department of a county or city, or the head of a special district from these recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26202.6 of the Government Code is amended to read:

26202.6.
 (a) Notwithstanding the provisions of Sections 26202, 26205, and 26205.1, and except as provided in subdivisions (b) or (c), the head of a department of a county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved.
(b) Subdivision (a) shall not apply in a county that has adopted a records retention policy that governs when recordings of routine video monitoring and recordings of telephone and radio communications may be destroyed.
(c) If a recording is evidence in any claim filed or any pending litigation, it shall be preserved until the claim or pending litigation is resolved.

(b)

(d) For purposes of this section, “recordings section:
(1) “Recordings of telephone and radio communications” means the routine daily recording of telephone communications to and from a county and all radio communications relating to the operations of the departments.

(c)For purposes of this section, “routine

(2) “Routine video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.

(d)For purposes of this section, “department”

(3) “Department” includes a public safety communications center operated by the county and the governing board of any special district the membership of which is the same as the membership of the board of supervisors.

SEC. 2.

 Section 34090.6 of the Government Code is amended to read:

34090.6.
 (a) Notwithstanding the provisions of Section 34090, and except as provided in subdivision (b) or (c), the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved.
(b) Subdivision (a) shall not apply in a city or city and county that has adopted a records retention policy that governs when recordings of routine video monitoring and recordings of telephone and radio communications may be destroyed.
(c) If a recording is evidence in any claim filed or any pending litigation, it shall be preserved until the claim or pending litigation is resolved.

(b)

(d) For purposes of this section, “recordings section:
(1) “Recordings of telephone and radio communications” means the routine daily recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the departments.

(c)For purposes of this section, “routine

(2) “Routine video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.

(d)For purposes of this section, “department”

(3) “Department” includes a public safety communications center operated by the city or city and county.

SEC. 3.

 Section 53160 of the Government Code is amended to read:

53160.
 (a) The Except as provided in subdivisions (b) or (c), the head of a special district, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the special district. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved.
(b) Subdivision (a) shall not apply in a special district that has adopted a records retention policy that governs when recordings of routine video monitoring and recordings of telephone and radio communications may be destroyed.
(c) If a recording is evidence in any claim filed or any pending litigation, it shall be preserved until the claim or pending litigation is resolved.

(b)

(d) For purposes of this article, “recordings article:
(1) “Recordings of telephone and radio communications” means the routine daily recording of telephone communications to and from a special district, and all radio communications relating to the operations of the special district.

(c)For purposes of this article, “routine

(2) “Routine video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the special district, including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.

(d)For purposes of this article, “special

(3) “Special district” shall have the same meaning as “public agency,” as that term is defined in Section 53050.