BILL NUMBER: AB 66 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
DECEMBER 17, 2014
An act to amend Section 830.105 of the Penal Code,
relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 66, as amended, Weber. Peace officers: body-worn
cameras.
Existing law makes it a crime to intentionally record a
confidential communication without the consent of all parties to the
communication. Existing law exempts specified peace officers from
that provision if they are acting within the scope of their
authority.
This bill 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. The bill
would state the intent of the Legislature to enact legislation to
create a task force to study the effectiveness of body-worn cameras
and make policy recommendations. The bill would state the intent of
the Legislature to enact legislation that best fits the
recommendations of this task force.
This bill would establish requirements if a law enforcement agency
requires its officers to wear body-worn cameras. The bill would
require officers to, among other things, activate the camera when
responding to calls for assistance and performing law enforcement
activities in the field, and prohibit deactivating the cameras during
encounters with a member of the public until the conclusion of that
encounter. The bill would prohibit officers from using a body-worn
camera in a hospital emergency room when it would violate the privacy
expectations of patients, during an ambulance response to an
accident or illness when victims are not involved in criminal
activity, when it would risk the safety of a confidential informant
or undercover peace officer, or during a protest or demonstration.
The bill would require officers to give notice of the camera and
provide an opportunity for persons to request that the camera be
turned off when the subject of the recording is a victim of rape,
incest, domestic violence, and other forms of domestic and sexual
harm, or when an officer is at a private residence without a warrant
and in a nonemergency situation.
The bill would require officers to only use body-worn cameras
approved by the law enforcement agency that employs them, and would
prohibit removing, dismantling, or tampering with any components or
parts of the body-worn cameras. The bill would prohibit peace
officers from using body-worn cameras to record any personal
conversation with another member of the law enforcement agency
without the consent of that member. The bill would prohibit, among
other things, officers from using body-worn cameras to record in a
place where a reasonable expectation of privacy exists. The bill
would require law enforcement agencies to retain videos for a minimum
of one year, unless specified conditions apply. The bill would
specify that requests for files from body-worn cameras are to be
processed in accordance with the California Public Records Act.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares:
(a) Twenty-first century policing demands more transparency in
everyday interactions with the public. In light of a number of high
profile use of force incidents involving law enforcement, body-worn
cameras are seen as an important means toward achieving this goal.
(b) Several law enforcement agencies in California are already
implementing body-worn camera programs. Because of the potential of
this technology to document law enforcement interactions, we must be
cognizant in protecting citizen privacy and not violate civil
liberties.
(c) The development of statewide guidelines and compilation of
best practices will be necessary to ensure the public's trust in law
enforcement. The use of the portable video recording system provides
documentary evidence for criminal investigations, internal or
administrative investigations, and civil litigation.
(d) The Legislature intends for officers to utilize body-worn
cameras in accordance with the provisions in this act to maximize the
effectiveness of the audio and video documentation to achieve
operational objectives and to ensure evidence integrity.
SEC. 2. Section 830.105 is added to the
Penal Code , immediately following Section 830.10
, to read:
830.105. (a) If a law enforcement agency requires a body-worn
camera to be worn by a peace officer that the agency employs, the
agency shall comply with the requirements of this section.
(b) (1) A peace officer equipped with a body-worn camera shall
activate the camera when responding to calls for assistance and when
performing law enforcement activities in the field, including, but
not limited to, traffic or pedestrian stops, pursuits, arrests,
searches, seizures, interrogations, and any other investigative or
enforcement encounters in the field.
(2) Peace officers shall test body-worn cameras prior to going in
to field activities and ensure the unit is properly charged.
(3) Peace officers wearing a body-worn camera shall position the
camera on their uniform to facilitate optimum recording field of
view.
(c) (1) Both video and audio recording functions of body-worn
cameras shall be activated when an officer is responding to a call
for service or at the initiation of any other law enforcement or
investigative encounter between a police officer and a member of the
public. During encounters with a member of the public, the body-worn
camera shall not be deactivated until the conclusion of the
encounter.
(2) Officers may stop recording when an arrestee is secured inside
a fixed place of detention, as defined in paragraph (3) of
subdivision (g) of Section 859.5.
(3) The following shall apply during any interview of a suspect or
witness:
(A) Peace officers shall record any interview of a suspect or
witness in its entirety, unless subdivision (d) applies.
(B) When recording interviews of a suspect or witness, peace
officers shall, prior to the interview, record any notification of
rights, including, but not limited to, rights under Miranda v.
Arizona (1966) 384 U.S. 436.
(d) (1) A peace officer shall not operate a body-worn camera under
the following circumstances:
(A) In a hospital emergency room, when it would violate the
expectation of privacy of patients.
(B) During an ambulance response to an accident or illness where
victims are not involved in any criminal activity.
(C) Situations where recording would risk the safety of a
confidential informant or undercover peace officer.
(D) During protests or demonstrations.
(2) Under the following circumstances, operation of a body-worn
camera shall begin with the officer providing on camera notice to
persons recorded that a body-worn camera is recording video, and
provide the persons with the option to request that the body-worn
camera be turned off:
(A) When the subject of the recording is a victim of rape, incest,
domestic violence, and other forms of domestic or sexual harm.
(B) (i) When an officer is at a private residence without a
warrant and in a nonemergency situation.
(ii) In the event of contradicting requests made by a homeowner or
renter, the contradicting requests shall be recorded on video and
the peace officer shall continue to operate and record the encounter.
(e) (1) Peace officer shall only use the body-worn camera systems
issued and approved by the law enforcement agency that employs him or
her for official police duties.
(2) Unauthorized use, duplication, or distribution of body-worn
camera files are prohibited. Peace officers shall not make copies of
any body-worn camera file for their personal use and are prohibited
from using a recording device such as a phone camera or secondary
video camera to record body-worn camera files.
(3) All recorded media, images, and audio from body-worn cameras
are property of their respective law enforcement agency, and shall
not be copied, released, or disseminated in any form or manner
outside the parameters of this section without the written consent of
the head of the agency, unless otherwise authorized by law.
(4) Peace officers shall not remove, dismantle, or tamper with any
hardware or software components or parts of body worn-cameras.
(5) Peace officers shall not use body-worn camera functions, when
there is no investigatory interaction with a member of the public, to
record any personal conversation of or with another agency member or
employee without the permission of the recorded member or employee.
(f) (1) Peace officers shall not use body-worn cameras to record
non-work related activity or to record in places where a reasonable
expectation of privacy exists.
(2) A law enforcement agency or law enforcement officer shall not
allow a computerized facial recognition program or application to be
used with a body-worn camera or a recording made by a body-worn
camera unless the use has been authorized by a warrant issued by a
court.
(3) Nothing in this section shall require a peace officer, in a
public venue, to cease recording an event, situation, or circumstance
solely at the demand of the citizen.
(g) (1) Unless paragraph (2) or (3) applies, a law enforcement
agency shall retain video and audio recorded by a body-worn camera
for a minimum of one year, after which it will be erased, destroyed,
or recycled pursuant to Section 34090.6 of the Government Code.
(2) A law enforcement agency shall retain video and audio recorded
by a body-worn camera under this section for 3 years under any of
the following situations:
(A) The recording is of an incident involving the use of force by
a peace officer.
(B) The recording is of an incident that leads to the detention or
arrest of an individual.
(C) The recording is relevant to a formal or informal complaint
against a law enforcement officer or a law enforcement agency.
(3) If evidence that may be relevant to a criminal prosecution is
obtained from a recording made by a body-worn camera under this
section, the law enforcement agency shall retain the recording for
any time in addition to that specified in paragraphs (1) and (2), and
in the same manner as is required by law for other evidence that may
be relevant to a criminal prosecution.
(h) Each law enforcement agency shall conspicuously post its
polices and procedures regarding body-worn cameras on its Internet
Web site.
(i) (1) Peace officers may only review their body-worn camera
video after making their initial statement and report in an
administrative or criminal inquiry or investigation.
(2) When safe and practical, an on-scene supervisor may retrieve a
body-worn camera from an officer. The supervisor shall be
responsible for assuring the camera date is uploaded into the desired
data processing and collection method.
(j) (1) Any request from within a law enforcement agency for
recordings from a body-worn camera from that agency shall be
completed by the system administrator with the approval of the head
of the agency.
(2) All other requests shall be processed in accordance with the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
SECTION 1. (a) It is 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.
(b) It is further the intent of the legislature to enact
legislation to create a task force to study the effectiveness of
body-worn cameras for peace officers, and for this task force to
create a comprehensive policy and best practices manual to be used by
state and local law enforcement agencies. It is further the intent
of the legislature to enact legislation that best fits the
recommendations of this task force.