Today's Law As Amended

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AB-66 Peace officers: body-worn cameras.(2015-2016)



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 careful that their use is respectful of individual privacy and does 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 a body-worn camera provides documentary evidence for criminal investigations, internal or administrative investigations, and civil litigation.
(d) The Legislature intends that law-enforcement agencies and local governments should periodically review their policies related to the implementation of these requirements and guidelines, to account for changes in technology and the public sentiment, as well as lessons learned and best practices developed throughout the nation.
(e) The Legislature intends for officers to utilize body-worn cameras in accordance with the requirements 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 6254.31 is added to the Government Code, to read:

6254.31.
 Body-worn camera files created by a peace officer of a state or local law-enforcement agency that depict the following individuals and situations are confidential and shall not be disclosed to any member of the public pursuant to this chapter:
(a) Any victim of rape, incest, domestic violence, or child abuse, if the footage relates to any of those incidents.
(b) Any informant of the law-enforcement agency or undercover peace officer.
(c) When a peace officer is at a private residence in a nonemergency situation without a warrant.

SEC. 3.

 Section 830.16 is added to the Penal Code, to read:

830.16.
 A law-enforcement agency that requires a body-worn camera to be used by a peace officer that the agency employs shall comply with all of the following requirements:
(a) A law-enforcement agency shall conspicuously post its policies and procedures regarding body-worn cameras on its Internet Web site.
(b) A peace officer shall use only the body-worn camera systems issued and approved by the law-enforcement agency that employs him or her. A peace officer shall use the approved body-worn camera only for official police duties during work hours.
(c) Operation of a body-worn camera shall begin with the officer making a reasonable effort to provide on-camera notice to a person or group of persons being recorded that a body-worn camera is recording video, except where a peace officer is in hot pursuit, where injury is imminent, or during any other emergency situation or exigent circumstance.
(d) (1) (A) A peace officer may review his or her body-worn camera video before making his or her initial statement and report, except where the formal policy of a law-enforcement agency, adopted before January 1, 2016, provides otherwise for situations where a peace officer is involved in an incident involving a serious use of force.
(B) For purposes of this paragraph, “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.
(2) (A) If a peace officer is permitted to review his or her body-worn camera video only after making his or her initial statement and report, and the peace officer submits a modified report thereafter, 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 a peace officer on a Brady List.
(B) For the purposes of this paragraph, “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.
(e) 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. 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), including, but not limited to, Section 6254.31 of the Government Code.

SEC. 4.

 Section 830.17 is added to the Penal Code, to read:

830.17.
 (a) A peace officer employed by a law-enforcement agency that requires a body-worn camera to be used by its peace officers shall not do any of the following:
(1) 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 or image.
(2) Operate a body-worn camera, except in an emergency or other exigent circumstance, 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.
(3) 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 law-enforcement agency member or employee without the permission of the recorded member or employee.
(4) Use a body-worn camera to record non-work-related activity or to record in places where a reasonable expectation of privacy exists.
(5) Use computerized facial recognition programs or applications with a body-worn camera, or on a recording made by a body-worn camera, unless the use of the program or application has been authorized by a warrant issued by a court.
(6) Use a body-worn camera at a private residence in a nonemergency situation without a warrant if so requested by a homeowner, occupant, or renter. In the event of contradicting requests made by a homeowner, occupant, or renter to stop recording the encounter, the contradicting requests may be recorded on video and the peace officer may continue to operate and record the encounter.
(b) Subject to subparagraph (C) of paragraph (2) of subdivision (a), a peace officer may exercise his or her discretion as to whether or not to operate a body-worn camera when interacting with a confidential informant.
(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.

SEC. 5.

 Section 830.18 is added to the Penal Code, to read:

830.18.
 Any use of body-worn cameras by a peace officer not otherwise prescribed by Sections 830.16 and 830.17, or any other law, is subject to bargaining pursuant to the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code)), and to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code.

SEC. 6.

 Section 830.19 is added to the Penal Code, to read:

830.19.
 A law-enforcement agency that requires a body-worn camera to be used by a peace officer that the agency employs may consider the following model policies when adopting a body-worn camera policy:
(a) A policy that authorizes a peace officer equipped with a body-worn camera to 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.
(b) A policy that authorizes a peace officer to ensure that a body-worn camera is fully functional prior to going into the field in a way that protects a person’s reasonable expectation of privacy, including, but not limited to, authorizing the officer to ensure that the camera can be turned on and off and record video and audio, and that the camera is properly charged.
(c) A policy regarding where a peace officer is authorized to position the body-worn camera to facilitate optimum recording field of view, including, but not limited to, on his or her chest, head, shoulder, collar, or any area above the mid-torso of his or her uniform.
(d) A policy regarding which video and audio recording functions of a body-worn camera a peace officer is authorized to activate 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. The policy may also address whether, during an encounter with a member of the public, the officer is required to notify the member of the public that the body-worn camera is recording, and whether the peace officer is prohibited from deactivating the body-worn camera until the conclusion of the encounter.
(e) A policy that authorizes a peace officer to stop recording if an arrestee is secured inside a fixed place of detention, as defined in paragraph (3) of subdivision (g) of Section 859.5.
(f) A policy that, subject to the restrictions described in subdivision (c) of Section 830.16 and subdivision (b) of Section 830.17, authorizes a peace officer to record any interview of a suspect or witness in its entirety.
(g) A policy that requires a peace officer, when recording interviews of a suspect, to, where applicable, inform the suspect of his or her rights under Miranda v. Arizona (1966) 384 U.S. 436.
(h) A policy that prohibits a peace officer from removing, dismantling, or tampering with any hardware or software components or parts of a body-worn camera.
(i) A policy that authorizes, when safe and practical, an on-scene supervisor to retrieve a body-worn camera from a peace officer, including but not limited to, authorizing the supervisor to be responsible for ensuring the camera data is uploaded into the desired data processing and collection method.
SEC. 7.
 The Legislature finds and declares that Section 2 of this act, which adds Section 6254.31 to the Government Code, imposes a limitation on the public’s right of access to 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 the privacy of victims of serious crimes, the privacy of individuals in their homes, and the identity of confidential police informants and undercover peace officers from the public disclosure of images captured through the use of a body-worn camera outweighs the interest in public disclosure of that information.
SEC. 8.
 The Legislature finds and declares that Section 2 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 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:
Because body-worn cameras used by peace officers may capture sensitive information that could compromise important police work in addition to information that is highly valuable to the public, requiring local agencies to disclose certain records created through the use of a body-worn camera and maintain the confidentiality of other body-worn camera records furthers the purpose of Section 3 of Article I of the California Constitution.
SEC. 9.
 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.