BILL ANALYSIS Ó AB 65 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 65 (Alejo) - As Amended March 19, 2015 ----------------------------------------------------------------- |Policy | Public Safety |Vote:| 6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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, AB 65 Page 2 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 AB 65 Page 3 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. AB 65 Page 4 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 AB 65 Page 5 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