The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law. Existing law exempts from the disclosure requirements records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, law enforcement agencies, including the Attorney General and state or local police agencies.

This bill would authorize the governing board of a law enforcement agency, in closed session, to review the footage from a body-worn camera when a peace officer who was wearing the camera is involved in in, or was a witness to, an incident that results in great bodily injury to, or death of of, a person other than the peace officer. The bill would require the judge, if there is a prosecution of the peace officer after an investigation, require, if there is an investigation into an allegation of misconduct by the peace officer, and the investigation leads to criminal prosecution of the peace officer within 60 days after the commencement of the investigation, the judge to determine the protocol for release of the footage from a body-worn camera. The bill would require a require, if there is no investigation into an allegation of misconduct by 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 of the commencement of the investigation, the state or local law enforcement agency employing the peace officer to make available, upon request, footage from a law enforcement body-worn camera 60 days after the commencement of an investigation into an allegation of misconduct by the peace officer based on use of force resulting in great bodily injury or death of a person other than the peace officer. the investigation. The bill would also prohibit the public release release, as specified, of footage that relates to crimes of domestic violence, crimes that include minors, or that includes statements of a witness at the scene of a crime, subject to a specified exception.

By increasing the duties of local law enforcement, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.