BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 65


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          Date of Hearing:   April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          65 (Alejo) - As Amended March 19, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill redirects funds from the Driver Training Penalty  
          Assessment Fund (DTPAF) and allocates that money to the Board of  
          State and Community Corrections (BSCC) to be used to fund local  
          law enforcement agencies to operate a body-worn camera program,  








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          as specified.  Specifically, this bill:  


          1)Repeals the DTPAF and replaces it with the Body-worn Camera  
            Fund (BCF) and requires funds previously deposited in the  
            DTPAF be deposited in the BCF.


          2)Requires the BSCC to develop a grant program to make funds  
            available for local body-worn camera programs, and  
            continuously appropriates funds in the BCF to the BSCC to fund  
            the grant program.


          3)Requires the BSCC to maximize the use of federal funds, if  
            federal funds become available for local body worn camera  
            programs.


          FISCAL EFFECT:


          1)According to the Governor's Budget, approximately $30 million  
            will be deposited into the DTPAF in 2014-15 from the State  
            Penalty Fund, and approximately $29 million will be deposited  
            in 2015-16.  Therefore, this bill redirects approximately $29  
            million to $30 million per year from the DTPAF to the BCF.


          2)The proposed redirection also impacts other funds, and  
            therefore, other state programs, resulting in annual GF  
            pressure, or various program funding reductions, in excess of  
            $28 million.  Control Section 24.10 of the 2014-15 Budget Act  
            and AB 103 (Budget Bill) transfer funds from the DTPAF as  
            follows:


               a)     To the Schoolbus Driver Instructor Training in the  
                 Department of Education   $1,737,000








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               b)     To the Corrections Training Fund, $9,800,000


               c)     To the  Peace Officers' Training Fund, $14,000,000


               d)     Victim Witness Assistance Fund, $4,121,000





          3)Cost to the BSCC to develop and administer the grant program  
            are unknown, but will be at least $200,000 for three  
            positions.  Actual costs will depend on funds available and  
            interest by local law enforcement agencies.


           
          COMMENTS:


          1)Background.  A recent report released by U.S. Department of  
            Justice's Office of Community Oriented Policing Services and  
            the Police Executive Research Forum studied the use of  
            body-worn cameras by police agencies.  The report shows that  
            body-worn cameras can help agencies demonstrate transparency  
            and address the community's questions about controversial  
            events.In December 2014, President Obama proposed a new Body  
            Worn Camera Partnership Program, which will provide a 50  
            percent match to states and local jurisdictions that purchase  
            body-worn cameras and requisite storage.  


          2)Purpose.  According to the author, the purpose of this bill is  
            to help local law enforcement agencies draw down federal funds  
            by providing them with state funds.










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          3)Related Legislation 


             a)   AB 66 (Weber), would state the intent of the Legislature  
               to enact legislation to require local police departments  
               that utilize police body-worn cameras to follow policies  
               and procedures that will streamline best practices to  
               better enhance the quality of the services that those  
               departments provide to Californians.  AB 66 is pending  
               referral by the Rules Committee.

             b)   AB 69 (Rodriguez), would require law enforcement  
               agencies to follow specified best practices when  
               establishing policies and procedures for downloading and  
               storing data from body-worn cameras.  AB 69 is pending  
               hearing by this Committee.

             c)   SB 175 (Huff), would require each department or agency  
               that employs peace officers and that elects to require  
               those peace officers to wear body-worn cameras to develop a  
               policy relating to the use of body-worn cameras. The bill  
               would require the policy to be developed in collaboration  
               with nonsupervisory officers and to include certain  
               provisions, including, among others, the duration, time,  
               and place when body-worn cameras shall be worn and  
               operational. SB 175 is pending hearing by the Senate  
               Committee on Public Safety.

             d)   SB 195 (Anderson), would state the intent of the  
               Legislature to enact legislation that protects the privacy  
               of individuals recorded by body-worn cameras utilized by  
               law enforcement officers and the privacy of law enforcement  
               officers wearing body-worn cameras. SB 195 is pending  
               referral by the Rules Committee.

          1)Prior Legislation:  

            AB 790 (Karnette), of the 2007-2008, would have redirected 4%  
            of funds from the Driver Training Penalty Assessment Fund and  








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            allocated that money to the Department of Justice to be used  
            to support the California Witness Protection Program.  AB 790  
            was held on this Committee's Suspense File.


          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081