Amended in Assembly April 9, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 66


Introduced by Assembly Member Weber

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(Principal coauthor: Assembly Member Bonta)

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(Coauthor: Assembly Member Rodriguez)

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December 17, 2014


An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 830.105 ofend deletebegin insert 830.16 toend insert 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 wouldbegin delete establishend deletebegin insert impose specifiedend insert requirementsbegin delete ifend deletebegin insert onend insert a law enforcement agencybegin insert thatend insert requiresbegin delete its officersend deletebegin insert a peace officer employed by the agencyend insert tobegin delete wear body-worn cameras.end deletebegin insert use a body-worn camera.end insert The bill would requirebegin delete officersend deletebegin insert a peace officerend insert to, among other things, activate the camera when responding to calls for assistance and performing law enforcement activities in the field, andbegin insert wouldend insert prohibit deactivating thebegin delete camerasend deletebegin insert cameraend insert duringbegin delete encountersend deletebegin insert an encounterend insert with a member of the public until the conclusion of that encounter.begin insert The bill would also require a peace officer to ensure that the body-worn camera is fully functional, as provided, prior to going into the field.end insert The bill would prohibitbegin delete officersend deletebegin insert a peace officerend insert from using a body-worn camera in a hospital emergency room when it would violate the privacy expectations ofbegin delete patients,end deletebegin insert a patient,end insert during an ambulance response to an accident or illness whenbegin delete victims areend deletebegin insert the victim isend insert not involved in criminal activity,begin insert orend insert when it would risk the safety of a confidential informant or undercover peacebegin delete officer, or during a protest or demonstration.end deletebegin insert officer.end insert The bill would requirebegin delete officersend deletebegin insert a peace officerend insert 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 whenbegin delete anend deletebegin insert a peaceend insert officer is at a private residence without a warrant and in a nonemergency situation.

The bill would requirebegin delete officersend deletebegin insert a peace officerend insert to only usebegin insert aend insert body-wornbegin delete camerasend deletebegin insert camera issued andend insert approved by the law enforcement agency that employsbegin delete them,end deletebegin insert the officer,end insert and would prohibit removing, dismantling, or tampering with any components or parts ofbegin delete theend deletebegin insert aend insert body-wornbegin delete cameras.end deletebegin insert camera.end insert The bill would prohibitbegin insert aend insert peacebegin delete officersend deletebegin insert officerend insert from usingbegin insert aend insert body-wornbegin delete camerasend deletebegin insert cameraend insert 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,begin delete officersend deletebegin insert a peace officerend insert from usingbegin insert aend insert body-wornbegin delete camerasend deletebegin insert cameraend insert to record in a place where a reasonable expectation of privacy exists. The bill wouldbegin delete require law enforcement agencies to retain videos for a minimum of one year, unless specified conditions apply. Theend deletebegin insert authorize a peace officer to review his or her body-worn camera video only after making his or her initial statement and report in an administrative or criminal inquiry or investigationend insertbegin insert. Except as provided, theend insert bill wouldbegin delete specifyend deletebegin insert specifically requireend insert thatbegin delete requestsend deletebegin insert a requestend insert forbegin delete filesend deletebegin insert a fileend insert frombegin insert aend insert body-wornbegin delete cameras are toend deletebegin insert cameraend insert be processed in accordance with the California Public Records Act.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares:

2(a) Twenty-first century policing demands more transparency
3in everyday interactions with the public. In light of a number of
4high profile use of force incidents involving law enforcement,
5body-worn cameras are seen as an important means toward
6achieving this goal.

P3    1(b) Several law enforcement agencies in California are already
2implementing body-worn camera programs. Because of the
3potential of this technology to document law enforcement
4interactions, we must be cognizant in protecting citizen privacy
5and not violate civil liberties.

6(c) The development ofbegin delete statewide guidelines and compilation
7ofend delete
best practices will be necessary to ensure the public’s trust in
8law enforcement. The use of the portable video recording system
9provides documentary evidence for criminal investigations, internal
10or administrative investigations, and civil litigation.

11(d) The Legislature intends for officers to utilize body-worn
12cameras in accordance with the provisions in this act to maximize
13the effectiveness of the audio and video documentation to achieve
14operational objectives and to ensure evidence integrity.

15

SEC. 2.  

Sectionbegin delete 830.105end deletebegin insert 830.16end insert is added to the Penal Code,begin delete end delete16immediately following Section 830.10begin delete,end delete to read:

17

begin delete830.105.end delete
18begin insert830.16.end insert  

(a) begin deleteIf a end deletebegin insertA end insertlaw enforcement agencybegin insert thatend insert requires a
19body-worn camera to bebegin delete wornend deletebegin insert usedend insert by a peace officer that the
20agencybegin delete employs, the agencyend deletebegin insert employsend insert shall comply with the
21requirements of this section.

22(b) (1) A peace officer equipped with a body-worn camera shall
23activate the camera when responding to calls for assistance and
24when performing law enforcement activities in the field, including,
25but not limited to, traffic or pedestrian stops, pursuits, arrests,
26searches, seizures, interrogations, and any other investigative or
27enforcement encounters in the field.

28(2) begin deletePeace officers end deletebegin insertA peace officer end insertshallbegin delete testend deletebegin insert ensure that aend insert
29 body-wornbegin delete camerasend deletebegin insert camera is fully functional, including, but not
30limited to, ensuring that the camera can be turned on and off and
31record video and audio, and that the camera is properly charged,end insert

32 prior to going begin delete in to field activities and ensure the unit is properly
33 charged.end delete
begin insert into the field. A peace officer shall not violate a person’s
34reasonable expectation of privacy when ensuring that a body-worn
35camera is fully functional pursuant to this paragraph.end insert

36(3) begin deletePeace officers end deletebegin insertA peace officer end insertwearing a body-worn camera
37shall position the camera onbegin delete theirend deletebegin insert end insertbegin inserthis or her chest, head, shoulder,
38collar, or any area above the mid-torso of his or herend insert
uniform to
39facilitate optimum recording field of view.

P4    1(c) (1) Both video and audio recording functions ofbegin insert aend insert body-worn
2begin delete camerasend deletebegin insert cameraend insert shall be activated when an officer is responding
3to a call for service or at the initiation of any other law enforcement
4or investigative encounter between a police officer and a member
5of the public. Duringbegin delete encountersend deletebegin insert an encounterend insert with a member of
6the public, thebegin insert officer shall notify the member of the public that
7the body-worn camera is recording, and shall not deactivate theend insert

8 body-worn camerabegin delete shall not be deactivatedend delete until the conclusion of
9the encounter.

10(2) begin deleteOfficers end deletebegin insertAn officer end insertmay stop recording when an arrestee is
11secured inside a fixed place of detention, as defined in paragraph
12(3) of subdivision (g) of Section 859.5.

13(3) The following shall apply during any interview of a suspect
14or witness:

15(A) begin deletePeace officers end deletebegin insertA peace officer end insertshall record any interview of
16a suspect or witness in its entirety, unless subdivision (d) applies.

17(B) When recording interviews of a suspect or witness,begin delete peace
18officersend delete
begin insert a peace officerend insert shall,begin delete prior to the interview, record any
19notification of rights, including, but not limited to,end delete
begin insert where
20applicable, inform the suspect or witness of his or herend insert
rights under
21Miranda v. Arizona (1966) 384 U.S. 436.

22(d) (1) A peace officer shall not operate a body-worn camera
23under the following circumstances:

24(A) In a hospital emergency room, when it would violate the
25expectation of privacy ofbegin delete patients.end deletebegin insert a patient.end insert

26(B) During an ambulance response to an accident or illness
27wherebegin delete victims areend deletebegin insert the victim isend insert not involved in any criminal activity.

28(C) Situations where recording would risk the safety of a
29confidential informant or undercover peace officer.

begin delete

30(D) During protests or demonstrations.

end delete

31(2) begin deleteUnder the following circumstances, operation end deletebegin insertOperation end insertof
32a body-worn camera shall begin with the officer providing on
33camera notice tobegin delete personsend deletebegin insert a person beingend insert recorded that a body-worn
34camera is recording video, and provide thebegin delete personsend deletebegin insert personend insert with
35the option to request that the body-worn camera be turnedbegin delete off:end deletebegin insert off
36under the following circumstances:end insert

37(A) When the subject of the recording is a victim of rape, incest,
38domestic violence, and other forms of domestic or sexual harm.

39(B) begin delete(i)end deletebegin deleteend deleteWhen an officer is at a private residence without a
40warrant and in a nonemergency situation.

begin delete

P5    1(ii)

end delete

2begin insert(3)end insert In the event of contradicting requests made by abegin delete homeownerend delete
3begin insert homeowner, occupant,end insert or renter, the contradicting requests shall
4be recorded on video and the peace officer shall continue to operate
5and record the encounter.

6(e) (1) begin deletePeace end deletebegin insertA peace end insertofficer shall only use the body-worn
7camera systems issued and approved by the law enforcement
8agency that employs him or her for official police duties.

9(2) begin deleteUnauthorized use, duplication, or distribution of body-worn
10camera files are prohibited. Peace officers end delete
begin insertA peace officer end insertshall
11not make copies of any body-worn camera file forbegin delete theirend deletebegin insert his or herend insert
12 personal usebegin delete and are prohibited from usingend deletebegin insert or useend insert a recording
13device such as a phone camera or secondary video camera to record
14begin insert aend insert body-worn camerabegin delete files.end deletebegin insert file.end insert

begin delete

15(3) All recorded media, images, and audio from body-worn
16cameras are property of their respective law enforcement agency,
17and shall not be copied, released, or disseminated in any form or
18manner outside the parameters of this section without the written
19consent of the head of the agency, unless otherwise authorized by
20law.

end delete
begin delete

21(4) Peace officers

end delete

22begin insert(3)end insertbegin insertend insertbegin insertA Peace officerend insert shall not remove, dismantle, or tamper with
23any hardware or software components or parts ofbegin delete body
24worn-cameras.end delete
begin insert a body-worn camera.end insert

begin delete

25(5) Peace officers

end delete

26begin insert(4)end insertbegin insertend insertbegin insertA peace officerend insert shall not use body-worn camera functions,
27when there is no investigatory interaction with a member of the
28public, to record any personal conversation of or with another
29agency member or employee without the permission of the
30recorded member or employee.

31(f) (1) begin deletePeace officers end deletebegin insertA peace officer end insertshall not usebegin insert aend insert body-worn
32begin delete camerasend deletebegin insert cameraend insert to record non-work related activity or to record
33in places where a reasonable expectation of privacy exists.

34(2) A law enforcement agency or law enforcement officer shall
35not allow a computerized facial recognition program or application
36to be used with a body-worn camera or a recording made by a
37body-worn camera unless the use has been authorized by a warrant
38issued by a court.

P6    1(3) begin deleteNothing in this section shall end deletebegin insertThis section does not end insertrequire a
2peace officer, in a public venue, to cease recording an event,
3situation, or circumstance solely at the demand ofbegin delete theend deletebegin insert aend insert citizen.

begin delete

4(g) (1) Unless paragraph (2) or (3) applies, a law enforcement
5agency shall retain video and audio recorded by a body-worn
6camera for a minimum of one year, after which it will be erased,
7destroyed, or recycled pursuant to Section 34090.6 of the
8Government Code.

end delete
begin delete

9(2) A law enforcement agency shall retain video and audio
10recorded by a body-worn camera under this section for 3 years
11under any of the following situations:

end delete
begin delete

12(A) The recording is of an incident involving the use of force
13by a peace officer.

end delete
begin delete

14(B) The recording is of an incident that leads to the detention
15or arrest of an individual.

end delete
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16(C) The recording is relevant to a formal or informal complaint
17against a law enforcement officer or a law enforcement agency.

end delete
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18(3) If evidence that may be relevant to a criminal prosecution
19is obtained from a recording made by a body-worn camera under
20this section, the law enforcement agency shall retain the recording
21for any time in addition to that specified in paragraphs (1) and (2),
22and in the same manner as is required by law for other evidence
23that may be relevant to a criminal prosecution.

end delete
begin delete

24(h)

end delete

25begin insert(g)end insert Each law enforcementbegin delete agencyend deletebegin insert agency, subject to the
26requirements of this section,end insert
shall conspicuously post its polices
27and procedures regarding body-worn cameras on its Internet Web
28site.

begin delete

29(i)

end delete

30begin insert(h)end insert (1) begin deletePeace officers end deletebegin insertA peace officerend insertbegin insert end insertmaybegin delete onlyend delete reviewbegin delete theirend deletebegin insert his
31or herend insert
body-worn camera videobegin insert onlyend insert after makingbegin delete theirend deletebegin insert his or herend insert
32 initial statement and report in an administrative or criminal inquiry
33or investigation.

34(2) When safe and practical, an on-scene supervisor may retrieve
35a body-worn camera from an officer. The supervisor shall be
36responsible forbegin delete assuringend deletebegin insert ensuring thatend insert the camerabegin delete dateend deletebegin insert dataend insert is
37uploaded into the desired data processing and collection method.

begin delete

38(j)

end delete

39begin insert(i)end insert (1) Any request from within a law enforcement agency for
40recordings from a body-worn camera from that agency shall be
P7    1completed by the system administrator with the approval of the
2head of the agency.

3(2) All other requestsbegin insert for recordings from a body-worn cameraend insert
4 shall be processed in accordance with the California Public Records
5Act (Chapter 3.5 (commencing with Section 6250) of Division 7
6of Title 1 of the Government Code).



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