Amended in Senate May 27, 2014

Amended in Senate May 15, 2014

Senate Bill No. 1454

Introduced by Senator Gaines

February 21, 2014

An act to add Section 856.5 to the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 1454, as amended, Gaines. Department of Fish and Wildlife: enforcement: patrol begin delete mounted end delete vehicle begin insert mounted end insert video and audio systems.

Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency, and generally charges the department with the administration and enforcement of the Fish and Game Code. Existing law provides that all employees of the department designated by the Director of Fish and Wildlife as deputized law enforcement officers are peace officers, as defined.

This bill would authorize the department to install patrol vehicle mounted video and audio systems, commonly known as dashboard cameras, in patrol vehicles used by the department’s peace officers. The bill would authorize a peace officer to use a patrol vehicle mounted video and audio system to record any communications or other actions involving the officer while the officer is in uniform and acting within the scope of his or her authority. The bill would require the department to adopt a policy to establish standards regarding the activation of patrol vehicle mounted video and audio systems and the preservation and retention of begin delete video and audio end delete recordings from patrol begin insert vehicle end insert mounted video and audio begin delete systems. end delete begin insert systems, subject to specified requirements. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 856.5 is added to the Fish and Game
Code, to read:

856.5.  

(a) The department may install patrol vehicle mounted
video and audio systems, commonly known as dashboard cameras,
in patrol vehicles used by peace officers described in Section 856.
A peace officer described in Section 856 may use the patrol
begin delete mounted end delete vehicle begin insert mounted end insert video and audio system to record any
communications or other actions involving the officer while the
officer is in uniform and acting within the scope of his or her
authority.

(b) The department shall adopt a policy to establish standards
regarding the activation of patrol vehicle mounted video and audio
systems and the preservation and retention of begin delete video and audio end delete
recordings from patrol begin insert vehicle end insert mounted video and audio begin delete systems. end delete
begin insert systems, subject to the following requirements: end insert

begin insert

(1) Once a patrol vehicle mounted video and audio system has
been activated pursuant to standards established by the department
pursuant to subdivision (b), the patrol vehicle mounted video and
audio system shall record the duration of an encounter.

end insert begin insert

(2) The department shall retain a recording from a patrol vehicle
mounted video and audio system for a minimum of 90 days and a
maximum of one year, except if the recording is necessary for a
pending, or reasonably foreseeable civil or criminal action, or for
training or administrative purposes.

end insert begin insert

(3) The department shall provide access to a recording from a
patrol vehicle mounted video and audio system in accordance with
all other provisions of law.

end insert