Today's Law As Amended

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AB-1957 Public records: body-worn cameras.(2015-2016)



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, or was a witness to, an incident that results in great bodily injury to, or the death of, a person other than the peace officer.
(b) 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 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, 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 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 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 body-worn cameras, this bill furthers the purpose of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.