Bill Text: CA AB69 | 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 2-0)

Status: (Passed) 2015-10-03 - Chaptered by Secretary of State - Chapter 461, Statutes of 2015. [AB69 Detail]

Download: California-2015-AB69-Amended.html

---

BILL NUMBER: AB 69	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2015

INTRODUCED BY   Assembly Member Rodriguez

                        DECEMBER 18, 2014

   An act  to add Section 832.18 to the Penal Code, 
relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 69, as amended, Rodriguez. 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 state the intent of the legislature to enact
legislation to require all peace officers statewide to wear body
cameras to capture their interactions with the public.  

   This bill would require law enforcement agencies to follow
specified best practices when establishing policies and procedures
for downloading and storing data from body-worn cameras. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1   .    Section 832.18 is added to
the   Penal Code   , to read:  
   832.18.  (a) It is the intent of the Legislature to establish
policies and procedures to address issues related to the downloading
and storage data recorded by a body-worn camera worn by a peace
officer. These policies and procedures shall be based on best
practices.
   (b) When establishing policies and procedures for the
implementation and operation of a body-worn camera system, law
enforcement agencies, departments, or entities shall consider the
following best practices regarding the downloading and storage of
body-worn camera data:
   (1) Designate the person responsible for downloading the recorded
data from the body-worn camera.
   (2) Establish when data should be downloaded.
   (3) Include specific measures to prevent data tampering, deleting,
and copying.
   (4) Categorize and tag body-worn camera video at the time the data
is downloaded and classified according to the type of event or
incident captured in the data.
   (5) State the length of time that recorded data shall be stored.
   (6) State where the body-worn camera data will be stored.
   (7) If using a third-party vendor to manage the data storage
system, the following factors shall be considered to protect the
security and integrity of the data:
   (A) Using an experienced and reputable third-party vendor.
   (B) Entering into contracts that govern the vendor relationship
and protect the agency's data.
   (C) Using a system that has a built in audit trail to prevent data
tampering and unauthorized access.
   (D) Using a system that has a reliable method for automatically
backing up data for storage.
   (E) Consulting with internal legal counsel to ensure the method of
data storage meets legal requirements for chain-of-custody concerns.

   (F) Using a system that includes technical assistance
capabilities.  
  SECTION 1.    It is the intent of the legislature
to enact legislation to require all peace officers statewide to wear
body cameras to capture their interactions with the public.