Today's Law As Amended


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AB-510 Local government records: destruction of records.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 26202.6 of the Government Code is amended to read:

26202.6.
 (a) Notwithstanding the provisions of Sections 26202, 26205, and 26205.1, and except as provided in subdivisions (b) or (c),  the head of a department of a county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved. 
(b) Subdivision (a) shall not apply in a county that has adopted a records retention policy that governs when recordings of routine video monitoring and recordings of telephone and radio communications may be destroyed.
(c) If a recording is evidence in any claim filed or any pending litigation, it shall be preserved until the claim or pending litigation is resolved.
(d) For purposes of this section:
(b) (1)  For purposes of this section, “recordings of  “Recordings of  telephone and radio communications” means the routine daily recording of telephone communications to and from a county and all radio communications relating to the operations of the departments.
(c) (2)  For purposes of this section, “routine  “Routine  video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.
(d) (3)  For purposes of this section, “department”  “Department”  includes a public safety communications center operated by the county and the governing board of any special district the membership of which is the same as the membership of the board of supervisors.

SEC. 2.

 Section 34090.6 of the Government Code is amended to read:

34090.6.
 (a) Notwithstanding the provisions of Section 34090, and except as provided in subdivision (b) or (c),  the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved. 
(b) Subdivision (a) shall not apply in a city or city and county that has adopted a records retention policy that governs when recordings of routine video monitoring and recordings of telephone and radio communications may be destroyed.
(c) If a recording is evidence in any claim filed or any pending litigation, it shall be preserved until the claim or pending litigation is resolved.
(d) For purposes of this section:
(b) (1)  For purposes of this section, “recordings of  “Recordings of  telephone and radio communications” means the routine daily recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the departments.
(c) (2)  For purposes of this section, “routine  “Routine  video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.
(d) (3)  For purposes of this section, “department”  “Department”  includes a public safety communications center operated by the city or city and county.

SEC. 3.

 Section 53160 of the Government Code is amended to read:

53160.
 (a) The  Except as provided in subdivisions (b) or (c), the  head of a special district, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the special district. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved. 
(b) Subdivision (a) shall not apply in a special district that has adopted a records retention policy that governs when recordings of routine video monitoring and recordings of telephone and radio communications may be destroyed.
(c) If a recording is evidence in any claim filed or any pending litigation, it shall be preserved until the claim or pending litigation is resolved.
(d) For purposes of this article:
(b) (1)  For purposes of this article, “recordings of  “Recordings of  telephone and radio communications” means the routine daily recording of telephone communications to and from a special district, and all radio communications relating to the operations of the special district.
(c) (2)  For purposes of this article, “routine  “Routine  video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the special district, including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems.
(d) (3)  For purposes of this article, “special  “Special  district” shall have the same meaning as “public agency,” as that term is defined in Section 53050.