BILL ANALYSIS Ó
SB 1454
Page 1
SENATE THIRD READING
SB 1454 (Ted Gaines)
As Amended May 27, 2014
Majority vote
SENATE VOTE :37-0
WATER, PARKS & WILDLIFE 15-0 APPROPRIATIONS
17-0
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|Ayes:|Rendon, Bigelow, Allen, |Ayes:|Gatto, Bigelow, |
| |Bocanegra, Dahle, Fong, | |Bocanegra, Bradford, Ian |
| |Frazier, Beth Gaines, | |Calderon, Campos, |
| |Gatto, Gomez, Gonzalez, | |Donnelly, Eggman, Gomez, |
| |Bloom, Patterson, | |Holden, Jones, Linder, |
| |Rodriguez, Yamada | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes the Department of Fish and Wildlife (DFW) to
install patrol vehicle mounted video and audio systems, commonly
known as dashboard cameras, in patrol vehicles used by DFW peace
officers. Specifically, this bill :
1)Authorizes DFW to install dashboard video cameras on patrol
vehicles used by DFW wardens for enforcement. Authorizes a DFW
peace officer to use the system to record any communications or
other actions involving the office while in uniform and acting
within the scope of his or her authority.
2)Requires DFW to adopt a policy to establish standards regarding
the activation of patrol vehicle mounted video and audio systems
and the preservation and retention of recordings, subject to the
following requirements:
a)Once recording has been activated the entire duration of the
encounter shall be recorded.
b) Recordings shall be retained 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
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for training or administrative purposes.
c) DFW shall provide access to a recording in accordance
with all other provisions of law.
EXISTING LAW :
1)Provides that employees of DFW designated by the director as
deputized law enforcement officers are peace officers, as provided
by Penal Code Section 830.2, the authority of which extends to any
place in the state as to a public offense committed within the
state. Requires all peace officers of the DFW to complete course
requirements of the Commission on Peace Officer Standards and
Training.
2)Exempts a number of law enforcement agencies from the prohibition
on recording of confidential communications, including any police
officer of a city or county, any county sheriff or deputy sheriff,
any officer of the California Highway Patrol (CHP), any district
attorney, the Attorney General, or any person action pursuant to
the direction of one of those law enforcement officers acting
within the scope of his or her authority.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
potential cost pressures in the low millions of dollars (General
Fund and special funds) to DFW for dashboard cameras and associated
support equipment and staffing.
COMMENTS : This bill would extend to law enforcement officers of DFW
the same authority to install dashboard cameras on their patrol
vehicles as has already been granted to other law enforcement
officers such as city police officers, county sheriffs, and CHP
officers. The author notes that fish and wildlife wardens typically
initiate between 120,000 and 230,000 law enforcement contacts, issue
between 7,000 and 18,000 citations, and execute over 100 search
warrants per year. According to the author, the ability to install
these recording devices would provide the following benefits: 1)
recording communications between Wildlife Officers, suspects and
witnesses creates an unbiased record of these contacts that leads to
more accurate and complete information being included in
investigative reports and made available to attorneys in legal
proceedings; 2) recording law enforcement contacts is an important
tool in preventing misconduct by officers, training officers in
proper safety and contact procedures, and defending Wildlife
Officers and agencies from frivolous lawsuits; and 3) dashboard
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cameras would benefit local district attorneys by enhancing their
ability to obtain convictions for violations and reducing costly
time in California's already backlogged court system.
As noted in the Senate Public Safety Committee analysis of this
bill, the Federal Office of Community Policing Services prepared a
comprehensive study on the use of patrol car cameras that found the
in-car camera is a multi-faceted tool that assists police executives
by ensuring integrity and accountability while enhancing public
trust. Among other things, the study found that in-car cameras
allow officers to critique and enhance their performance, provide
training materials for new officers, and provide video evidence of
value to prosecutors and police. In many cases when video evidence
is present, both time and money can be saved if the defendant elects
to plead guilty to the charges, and in civil, criminal and
administrative cases, the presence of video evidence can assist in
streamlining the investigative process. Even when revealing
departmental violations, video evidence allows investigators,
supervisors and executives to make sound assessments of the facts.
Finally, videos can expose mitigating circumstances that may impact
the severity of discipline imposed. (For further detail, see the
Senate Public Safety Committee analysis, April 29, 2014, citing The
Impact of Video Evidence on Modern Policing, Research and Best
Practices from the IACP Study on In-Car Cameras.)
Supporters note that dashboard cameras have proven beneficial to
both the public and officers in the agencies who currently use them.
They provide an important training tool, aid officers in proving
the events related to an investigation or an arrest to the court,
and help protect officers from unfounded complaints.
There is currently no opposition to this bill. The American Civil
Liberties Union (ACLU) opposed the prior version unless amended, but
is no longer opposed to this bill as now drafted. The ACLU
indicates it agrees that dashboard cameras can be an effective tool
and can even help to protect the rights of citizens involved in law
enforcement encounters, as well as the officers, if used properly.
They further note that the cameras can provide a neutral third
observer, similar to how mobile phone cameras have been used by
citizens to observe police behavior. The latest amendments, which
addressed issues raised by the ACLU, clarified that the DFW must
adopt standards governing the use of dashboard cameras, require that
once activated the camera must remain on to record the duration of
the encounter, delineate requirements for data retention, and
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require DFW to provide access to recordings as required by existing
law.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096 FN:
0004763