BILL NUMBER: AB 66 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY APRIL 9, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
(Principal coauthor: Assembly Member Bonta)
(Coauthor: Assembly Member Rodriguez)
DECEMBER 17, 2014
An act to add Section 830.16 to 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 impose specified requirements and
prohibitions on a law enforcement agency that requires a peace
officer employed by the agency to use a body-worn camera.
The bill would require a peace officer to, among other things,
activate the camera when responding to calls for assistance and
performing law enforcement activities in the field, and would
prohibit deactivating the camera during an encounter with a member of
the public until the conclusion of that encounter. 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. The
bill would prohibit a peace officer from using a body-worn camera in
a hospital emergency room when it would violate the privacy
expectations of a patient, during an ambulance response to an
accident or illness when the victim is not involved in criminal
activity, or when it would risk the safety of a confidential
informant or undercover peace officer. The bill would require a peace
officer 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 a peace officer is
at a private residence without a warrant and in a nonemergency
situation. camera, including, among other things, a
requirement that the agency conspicuously post its policies and
procedures regarding body-worn cameras on its Internet Web site, and
a prohibition on a peace officer operating a body-worn
camera under certain circumstances. The bill would also require those
law enforcement agencies to consider specified guidelines when
adopting a body-worn camera policy, including, among others, a
requirement that a peace officer equipped with a body worn camera
activate the camera when responding to calls for assistance and when
performing law enforcement activities in the field.
The bill would require a peace officer to only use a
body-worn camera issued and approved by the law enforcement agency
that employs the officer, and would prohibit removing, dismantling,
or tampering with any components or parts of a body-worn camera. The
bill would prohibit a peace officer from using a body-worn camera 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, a peace officer from using a body-worn
camera to record in a place where a reasonable expectation of
privacy exists. The bill would 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 investigation. Except as provided, the bill would
specifically require that a request for a file from a body-worn
camera 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:
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 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 830.16 is added to the Penal Code, to read:
830.16. (a) A law enforcement agency that requires a body-worn
camera to be used by a peace officer that the agency employs shall
comply with the requirements of this section.
following requirements:
(1) A law enforcement agency shall conspicuously post its policies
and procedures regarding body-worn cameras on its Internet Web site.
(2) A 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.
(3) A peace officer shall not make copies of any body-worn camera
files for his or her personal use or use a recording device such as a
telephone camera or secondary video camera to record a body-worn
camera file.
(4) A peace officer shall not operate a body-worn camera under any
of the following circumstances:
(A) In a health facility or medical office when patients may be in
view of the body-worn camera or when a health care practitioner is
providing care to an individual.
(B) During an ambulance response to an accident or illness where
the victim is not involved in any criminal activity.
(C) Situations where recording would risk the safety of a
confidential informant or undercover peace officer.
(5) Operation of a body-worn camera shall begin with the officer
providing on-camera notice to a person being recorded that a
body-worn camera is recording video, and provide the person with the
option to request that the body-worn camera be turned off under both
of the following circumstances:
(A) When the subject of the video is a victim of rape, incest,
domestic violence, or other forms of domestic or sexual harm.
(B) When an officer is at a private residence without a warrant
and in a nonemergency situation.
(6) Where a peace officer is involved in an incident involving use
of force or an incident resulting in injury or death, a peace
officer may only 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 investigation. Once a peace officer's initial
report has been submitted and approved and the officer has been
interviewed by the appropriate investigator, the investigator shall
show the officer the body-worn camera video. The peace officer may be
given the opportunity to provide additional information to
supplement his or her statement and may be asked additional questions
by the investigators. If the review results in a modified report,
both of the reports shall be provided to all parties to a civil,
criminal, or administrative investigation.
(b) In addition to subdivision (a), a law enforcement agency shall
consider the following guidelines when adopting a body-worn camera
policy:
(b) (1) A
(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) A peace officer shall ensure that a body-worn camera is fully
functional, including, but not limited to, ensuring that the camera
can be turned on and off and record video and audio, and that the
camera is properly charged, prior to going into the field. A peace
officer shall not violate a person's reasonable expectation of
privacy when ensuring that a body-worn camera is fully functional
pursuant to this paragraph.
(3) A peace officer wearing a body-worn camera shall position the
camera on his or her chest, head, shoulder, collar, or any area above
the mid-torso of his or her uniform to facilitate optimum recording
field of view.
(c) (1)
(4) Both video and audio recording functions
of a body-worn camera 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 an encounter with a member of the
public, the officer shall notify the member of the public that the
body-worn camera is recording, and shall not deactivate the body-worn
camera until the conclusion of the encounter.
(2) An
( 5) A peace officer
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)
( 6) A peace officer shall record any
interview of a suspect or witness in its entirety, unless
subdivision (d) applies. paragraphs (4) and (5) of
subdivision (a) apply.
(B)
( 7) When recording interviews of a suspect
or witness, a peace officer shall, where applicable, inform the
suspect or witness of his or her 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 a patient.
(B) During an ambulance response to an accident or illness where
the victim is not involved in any criminal activity.
(C) Situations where recording would risk the safety of a
confidential informant or undercover peace officer.
(2) Operation of a body-worn camera shall begin with the officer
providing on camera notice to a person being recorded that a
body-worn camera is recording video, and provide the person with the
option to request that the body-worn camera be turned off under the
following circumstances:
(A) When the subject of the recording is a victim of rape, incest,
domestic violence, and other forms of domestic or sexual harm.
(B) When an officer is at a private residence without a warrant
and in a nonemergency situation.
(3)
( 8) In the event of contradicting requests
made by a homeowner, occupant, or renter,
renter to stop recording the encounter, the contradicting
requests shall be recorded on video and the peace officer shall
continue to operate and record the encounter.
(e) (1) A 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) A peace officer shall not make copies of any body-worn camera
file for his or her personal use or use a recording device such as a
phone camera or secondary video camera to record a body-worn camera
file.
(3)
(9) A Peace peace officer
shall not remove, dismantle, or tamper with any hardware or software
components or parts of a body-worn camera.
(4)
(10) A peace officer 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)
(11) A peace officer shall not use a
body-worn camera to record non-work related
non-work -related activity or to record in places
where a reasonable expectation of privacy exists.
(2)
(12) A law enforcement agency or law
enforcement peace 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.
(13) When safe and practical, an on-scene supervisor may retrieve
a body-worn camera from an officer. The supervisor shall be
responsible for ensuring the camera data is uploaded into the desired
data processing and collection method.
(3)
( c) This section does not require a peace
officer, in a public venue, to cease recording an event, situation,
or circumstance solely at the demand of a citizen.
(g) Each law enforcement agency, subject to the requirements of
this section, shall conspicuously post its polices and procedures
regarding body-worn cameras on its Internet Web site.
(h) (1) A peace officer may 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 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 ensuring that the camera data is uploaded into the
desired data processing and collection method.
(i)
( d) (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 for recordings from a body-worn camera
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).