Bill Text: CA AB66 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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  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)
   (  Coauthor:   Assembly Member 
 Rodriguez   Coauthors:   Assembly
Members   Gipson  and Rodriguez  )

                        DECEMBER 17, 2014

   An act to add Section 830.16 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 peac   e 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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, body-worn
cameras are seen as an important means toward achieving this goal.
   (b) Several law enforcement agencies in California are already
implementing body-worn camera programs. Because of the potential of
this technology to document law enforcement interactions, we must be
cognizant in protecting citizen privacy and not violate civil
liberties.
   (c) The development of best practices will be necessary to ensure
the public's trust in law enforcement. The use of the portable video
recording system provides documentary evidence for criminal
investigations, internal or administrative investigations, and civil
litigation.
   (d) The Legislature intends for officers to utilize body-worn
cameras in accordance with the provisions in this act to maximize the
effectiveness of the audio and video documentation to achieve
operational 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)  Where  (A)     When
 a peace officer is involved in an incident involving 
use of force or an incident resulting in injury or death, 
 a serious use of force,  a peace officer may only review
his or her body-worn camera video  only  after
making his or her initial statement and  report in an
administrative or criminal inquiry or investigation. Once 
 report. 
    (B)     (i)    Once 
a peace officer's initial report has been submitted and 
approved and the officer has been interviewed by the appropriate
investigator, the investigator shall   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 and may be asked additional questions by the investigators.
  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 or witness,
  suspect,  a peace officer shall, where
applicable, inform the suspect  or witness  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). 
                      
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