Today's Law As Amended

PDF |Add To My Favorites | print page

AB-1246 Body worn cameras: peace officers: limited disclosure.(2015-2016)



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.