Amended in Assembly May 6, 2015

Amended in Assembly April 27, 2015

Amended in Assembly April 20, 2015

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

(Principal coauthor: Assembly Member Bonta)

(Coauthors: Assembly Members Gipson and Rodriguez)

December 17, 2014


An act to add Sectionbegin delete 830.16end deletebegin insert 6254.31 to the Government Code, and to add Sections 830.16, 830.17, 830.18, and 830.19end insert 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 requirementsbegin delete and prohibitionsend delete on a law enforcement agency that requires a peace officer employed by the agency to use a body-worn camera, including, among other things, a requirement that the agency conspicuously post its policies and procedures regarding body-worn cameras on its Internet Webbegin delete site, and a prohibition on a peace officer operating a body-worn camera under certain circumstances. The bill would further require that when a peace officer is involved in an incident involving a serious use of force, the officer may only review his or her body-worn camera video after making an initial statement and report. 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. 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.end deletebegin insert site. The bill would prohibit a peace officer employed by a law enforcement agency that requires a body-worn camera to be used by its peace officers from, among other things, making copies of any body-worn camera files for his or her personal use, or using a recording device such as a telephone camera or secondary video camera to record a body-worn camera file or image. Except as provided, the bill would authorize a peace officer subject to its provisions to review his or her body-worn camera video before making his or her initial statement and report.end insert

begin insert

This bill would specifically authorize a law enforcement agency that requires a body-worn camera to be used by a peace officer that the agency employs to consider specified model policies when adopting a body-worn camera policy, including, among others, a policy regarding where a peace officer is authorized to position the body-worn camera to facilitate optimum recording field of view.

end insert
begin insert

Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies.

end insert
begin insert

This bill would exempt specified body-worn camera files created by a peace officer of a state or local law enforcement agency from disclosure pursuant to the act, including, among others, files that depict any victim of rape, incest, domestic violence, or child abuse, if the footage relates to any of those incidents.

end insert
begin insert

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert
begin insert

This bill would make legislative findings to that effect.

end insert
begin insert

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

end insert
begin insert

This bill would make legislative findings to that effect.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    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 involvingbegin delete law enforcement,end delete
5begin insert law-enforcement,end insert body-worn cameras are seen as an important
6means toward achieving this goal.

7(b) Severalbegin delete law enforcementend deletebegin insert law-enforcementend insert agencies in
8California are already implementing body-worn camera programs.
9Because of the potential of this technology to documentbegin delete law
10enforcementend delete
begin insert law-enforcementend insert interactions, we must bebegin delete cognizant
11in protecting citizenend delete
begin insert careful that their use is respectful of individualend insert
12 privacy andbegin insert doesend insert not violate civil liberties.

13(c) The development of best practices will be necessary to ensure
14the public’s trust inbegin delete law enforcement.end deletebegin insert law-enforcement.end insert The use
15ofbegin delete the portable video recording systemend deletebegin insert a body-worn cameraend insert
16 provides documentary evidence for criminal investigations, internal
17or administrative investigations, and civil litigation.

begin insert

18(d) The Legislature intends that law-enforcement agencies and
19local governments should periodically review their policies related
20to the implementation of these requirements and guidelines, to
21account for changes in technology and the public sentiment, as
P4    1well as lessons learned and best practices developed throughout
2the nation.

end insert
begin delete

3(d)

end delete

4begin insert(e)end insert The Legislature intends for officers to utilize body-worn
5cameras in accordance with thebegin delete provisionsend deletebegin insert requirementsend insert in this
6act to maximize the effectiveness of the audio and video
7documentation to achieve operationalbegin delete objectivesend deletebegin insert objectives,end insert and
8to ensure evidence integrity.

begin delete
9

SEC. 2.  

Section 830.16 is added to the Penal Code, to read:

10

830.16.  

(a) A law enforcement agency that requires a
11body-worn camera to be used by a peace officer that the agency
12employs shall comply with the following requirements:

13(1) A law enforcement agency shall conspicuously post its
14policies and procedures regarding body-worn cameras on its
15Internet Web site.

16(2) A peace officer shall only use the body-worn camera systems
17issued and approved by the law enforcement agency that employs
18him or her for official police duties.

19(3) A peace officer shall not make copies of any body-worn
20camera files for his or her personal use or use a recording device
21such as a telephone camera or secondary video camera to record
22a body-worn camera file.

23(4) A peace officer shall not operate a body-worn camera under
24any of the following circumstances:

25(A) In a health facility or medical office when patients may be
26in view of the body-worn camera or when a health care practitioner
27is providing care to an individual.

28(B) During an ambulance response to an accident or illness
29where the victim is not involved in any criminal activity.

30(C) Situations where recording would risk the safety of a
31confidential informant or undercover peace officer.

32(5) Operation of a body-worn camera shall begin with the officer
33providing on-camera notice to a person being recorded that a
34body-worn camera is recording video, and provide the person with
35the option to request that the body-worn camera be turned off under
36both of the following circumstances:

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

39(B) When an officer is at a private residence without a warrant
40and in a nonemergency situation.

P5    1(6) (A) When a peace officer is involved in an incident
2involving a serious use of force, a peace officer may only review
3his or her body-worn camera video after making his or her initial
4statement and report.

5(B) (i) Once a peace officer’s initial report has been submitted
6and approved, a supervisor may show the peace officer the
7body-worn camera video. The peace officer may be given the
8opportunity to provide additional information to supplement his
9or her statement. If the review results in a modified report, both
10of the reports shall be provided to all parties to a civil, criminal,
11or administrative investigation. The fact that a modified or
12secondary report was prepared shall not be the sole basis for placing
13an officer on a Brady List.

14(ii) For the purposes of this subparagraph, “Brady List” means
15any system, index, list, or other record containing the names of
16peace officers whose personnel files are likely to contain evidence
17of dishonesty or bias, which is maintained by a prosecutorial
18agency or office in accordance with the holding in Brady v.
19Maryland (1963) 373 U.S. 83.

20(C) For the purpose of subparagraph (A), “serious use of force”
21means any of the following:

22(i) Force resulting in death.

23(ii) Force resulting in a loss of consciousness.

24(iii) Force resulting in protracted loss, impairment, serious
25disfigurement, or function of any body part or organ.

26(iv) Weapon strike to the head.

27(v) Intentional firearm discharge at a person, regardless of injury.

28(vi) Unintentional firearm discharge if a person is injured as a
29result of the discharge.

30(b) In addition to subdivision (a), a law enforcement agency
31shall consider the following guidelines when adopting a body-worn
32camera policy:

33(1) A peace officer equipped with a body-worn camera shall
34activate the camera when responding to calls for assistance and
35when performing law enforcement activities in the field, including,
36but not limited to, traffic or pedestrian stops, pursuits, arrests,
37searches, seizures, interrogations, and any other investigative or
38enforcement encounters in the field.

39(2) A peace officer shall ensure that a body-worn camera is fully
40functional, including, but not limited to, ensuring that the camera
P6    1can be turned on and off and record video and audio, and that the
2camera is properly charged, prior to going into the field. A peace
3officer shall not violate a person’s reasonable expectation of
4 privacy when ensuring that a body-worn camera is fully functional
5pursuant to this paragraph.

6(3) A peace officer wearing a body-worn camera shall position
7the camera on his or her chest, head, shoulder, collar, or any area
8above the mid-torso of his or her uniform to facilitate optimum
9recording field of view.

10(4) Both video and audio recording functions of a body-worn
11camera shall be activated when an officer is responding to a call
12for service or at the initiation of any other law enforcement or
13investigative encounter between a police officer and a member of
14the public. During an encounter with a member of the public, the
15officer shall notify the member of the public that the body-worn
16camera is recording, and shall not deactivate the body-worn camera
17until the conclusion of the encounter.

18(5) A peace officer may stop recording when an arrestee is
19secured inside a fixed place of detention, as defined in paragraph
20(3) of subdivision (g) of Section 859.5.

21(6) A peace officer shall record any interview of a suspect or
22witness in its entirety, unless paragraphs (4) and (5) of subdivision
23(a) apply.

24(7) When recording interviews of a suspect, a peace officer
25shall, where applicable, inform the suspect of his or her rights
26under Miranda v. Arizona (1966) 384 U.S. 436.

27(8) In the event of contradicting requests made by a homeowner,
28occupant, or renter to stop recording the encounter, the
29contradicting requests shall be recorded on video and the peace
30officer shall continue to operate and record the encounter.

31(9) A peace officer shall not remove, dismantle, or tamper with
32any hardware or software components or parts of a body-worn
33camera.

34(10) A peace officer shall not use body-worn camera functions,
35when there is no investigatory interaction with a member of the
36public, to record any personal conversation of or with another
37agency member or employee without the permission of the
38recorded member or employee.

P7    1(11) A peace officer shall not use a body-worn camera to record
2 non-work-related activity or to record in places where a reasonable
3expectation of privacy exists.

4(12) A peace officer shall not allow a computerized facial
5recognition program or application to be used with a body-worn
6camera or a recording made by a body-worn camera unless the
7use has been authorized by a warrant issued by a court.

8(13) When safe and practical, an on-scene supervisor may
9retrieve a body-worn camera from an officer. The supervisor shall
10be responsible for ensuring the camera data is uploaded into the
11desired data processing and collection method.

12(c) This section does not require a peace officer, in a public
13venue, to cease recording an event, situation, or circumstance
14solely at the demand of a citizen.

15(d) (1) Any request from within a law enforcement agency for
16recordings from a body-worn camera from that agency shall be
17completed by the system administrator with the approval of the
18head of the agency.

19(2) All other requests for recordings from a body-worn camera
20shall be processed in accordance with the California Public Records
21Act (Chapter 3.5 (commencing with Section 6250) of Division 7
22 of Title 1 of the Government Code).

23(e) Any use of body-worn cameras by a peace officer not
24otherwise prescribed by this section or any other law is subject to
25bargaining pursuant to the Myers-Milias-Brown Act (Chapter 10
26(commencing with Section 3500) of Division 4 of Title 1 of the
27Government Code).

end delete
28begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 6254.31 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
29read:end insert

begin insert
30

begin insert6254.31.end insert  

Body-worn camera files created by a peace officer
31of a state or local law-enforcement agency that depict the following
32individuals and situations are confidential and shall not be
33disclosed to any member of the public pursuant to this chapter:

34(a) Any victim of rape, incest, domestic violence, or child abuse,
35if the footage relates to any of those incidents.

36(b) Any informant of the law-enforcement agency or undercover
37peace officer.

38(c) When a peace officer is at a private residence in a
39nonemergency situation without a warrant.

end insert
40begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 830.16 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
P8    1

begin insert830.16.end insert  

A law-enforcement agency that requires a body-worn
2camera to be used by a peace officer that the agency employs shall
3comply with all of the following requirements:

4(a) A law-enforcement agency shall conspicuously post its
5policies and procedures regarding body-worn cameras on its
6Internet Web site.

7(b) A peace officer shall use only the body-worn camera systems
8issued and approved by the law-enforcement agency that employs
9him or her. A peace officer shall use the approved body-worn
10camera only for official police duties during work hours.

11(c) Operation of a body-worn camera shall begin with the officer
12making a reasonable effort to provide on-camera notice to a person
13or group of persons being recorded that a body-worn camera is
14recording video, except where a peace officer is in hot pursuit,
15where injury is imminent, or during any other emergency situation
16or exigent circumstance.

17(d) (1) (A) A peace officer may review his or her body-worn
18camera video before making his or her initial statement and report,
19except where the formal policy of a law-enforcement agency,
20adopted before January 1, 2016, provides otherwise for situations
21where a peace officer is involved in an incident involving a serious
22use of force.

23(B) For purposes of this paragraph, “serious use of force”
24means any of the following:

25(i) Force resulting in death.

26(ii) Force resulting in a loss of consciousness.

27(iii) Force resulting in protracted loss, impairment, serious
28disfigurement, or function of any body part or organ.

29(iv) Weapon strike to the head.

30(v) Intentional firearm discharge at a person, regardless of
31injury.

32(vi) Unintentional firearm discharge if a person is injured as a
33result of the discharge.

34(2) (A) If a peace officer is permitted to review his or her
35body-worn camera video only after making his or her initial
36statement and report, and the peace officer submits a modified
37report thereafter, both of the reports shall be provided to all parties
38to a civil, criminal, or administrative investigation. The fact that
39a modified or secondary report was prepared shall not be the sole
40basis for placing a peace officer on a Brady List.

P9    1(B) For the purposes of this paragraph, “Brady List” means
2any system, index, list, or other record containing the names of
3peace officers whose personnel files are likely to contain evidence
4of dishonesty or bias, which is maintained by a prosecutorial
5agency or office in accordance with the holding in Brady v.
6Maryland (1963) 373 U.S. 83.

7(e) Any request from within a law-enforcement agency for
8recordings from a body-worn camera from that agency shall be
9completed by the system administrator with the approval of the
10head of the agency. All other requests for recordings from a
11body-worn camera shall be processed in accordance with the
12California Public Records Act (Chapter 3.5 (commencing with
13Section 6250) of Division 7 of Title 1 of the Government Code),
14including, but not limited to, Section 6254.31 of the Government
15Code.

end insert
16begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 830.17 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
17

begin insert830.17.end insert  

(a) A peace officer employed by a law-enforcement
18agency that requires a body-worn camera to be used by its peace
19officers shall not do any of the following:

20(1) Make copies of any body-worn camera files for his or her
21personal use, or use a recording device such as a telephone camera
22or secondary video camera to record a body-worn camera file or
23image.

24(2) Operate a body-worn camera, except in an emergency or
25other exigent circumstance, under any of the following
26circumstances:

27(A) In a health facility or medical office when patients may be
28in view of the body-worn camera or when a health care practitioner
29is providing care to an individual.

30(B) During an ambulance response to an accident or illness
31where the victim is not involved in any criminal activity.

32(C) Situations where recording would risk the safety of a
33confidential informant or undercover peace officer.

34(3) Use body-worn camera functions, when there is no
35investigatory interaction with a member of the public, to record
36any personal conversation of or with another law-enforcement
37agency member or employee without the permission of the recorded
38member or employee.

P10   1(4) Use a body-worn camera to record non-work-related activity
2or to record in places where a reasonable expectation of privacy
3exists.

4(5) Use computerized facial recognition programs or
5applications with a body-worn camera, or on a recording made
6by a body-worn camera, unless the use of the program or
7application has been authorized by a warrant issued by a court.

8(6) Use a body-worn camera at a private residence in a
9nonemergency situation without a warrant if so requested by a
10homeowner, occupant, or renter. In the event of contradicting
11requests made by a homeowner, occupant, or renter to stop
12recording the encounter, the contradicting requests may be
13recorded on video and the peace officer may continue to operate
14and record the encounter.

15(b) Subject to subparagraph (C) of paragraph (2) of subdivision
16(a), a peace officer may exercise his or her discretion as to whether
17or not to operate a body-worn camera when interacting with a
18confidential informant.

19(c) This section does not require a peace officer, in a public
20venue, to cease recording an event, situation, or circumstance
21solely at the demand of a citizen.

end insert
22begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 830.18 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
23

begin insert830.18.end insert  

Any use of body-worn cameras by a peace officer not
24otherwise prescribed by Sections 830.16 and 830.17, or any other
25law, is subject to bargaining pursuant to the Meyers-Milias-Brown
26Act (Chapter 10 (commencing with Section 3500) of Division 4 of
27Title 1 of the Government Code)), and to the Ralph C. Dills Act
28(Chapter 10.3 (commencing with Section 3512) of Division 4 of
29Title 1 of the Government Code.

end insert
30begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 830.19 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
31

begin insert830.19.end insert  

A law-enforcement agency that requires a body-worn
32camera to be used by a peace officer that the agency employs may
33consider the following model policies when adopting a body-worn
34camera policy:

35(a) A policy that authorizes a peace officer equipped with a
36body-worn camera to activate the camera when responding to
37calls for assistance and when performing law-enforcement
38activities in the field, including, but not limited to, traffic or
39pedestrian stops, pursuits, arrests, searches, seizures,
P11   1interrogations, and any other investigative or enforcement
2encounters in the field.

3(b) A policy that authorizes a peace officer to ensure that a
4body-worn camera is fully functional prior to going into the field
5 in a way that protects a person’s reasonable expectation of privacy,
6including, but not limited to, authorizing the officer to ensure that
7the camera can be turned on and off and record video and audio,
8and that the camera is properly charged.

9(c) A policy regarding where a peace officer is authorized to
10position the body-worn camera to facilitate optimum recording
11field of view, including, but not limited to, on his or her chest,
12head, shoulder, collar, or any area above the mid-torso of his or
13her uniform.

14(d) A policy regarding which video and audio recording
15functions of a body-worn camera a peace officer is authorized to
16activate when an officer is responding to a call for service or at
17the initiation of any other law-enforcement or investigative
18encounter between a police officer and a member of the public.
19The policy may also address whether, during an encounter with a
20 member of the public, the officer is required to notify the member
21of the public that the body-worn camera is recording, and whether
22the peace officer is prohibited from deactivating the body-worn
23camera until the conclusion of the encounter.

24(e) A policy that authorizes a peace officer to stop recording if
25an arrestee is secured inside a fixed place of detention, as defined
26in paragraph (3) of subdivision (g) of Section 859.5.

27(f) A policy that, subject to the restrictions described in
28subdivision (c) of Section 830.16 and subdivision (b) of Section
29830.17, authorizes a peace officer to record any interview of a
30suspect or witness in its entirety.

31(g) A policy that requires a peace officer, when recording
32interviews of a suspect, to, where applicable, inform the suspect
33of his or her rights under Miranda v. Arizona (1966) 384 U.S. 436.

34(h) A policy that prohibits a peace officer from removing,
35dismantling, or tampering with any hardware or software
36components or parts of a body-worn camera.

37(i) A policy that authorizes, when safe and practical, an on-scene
38supervisor to retrieve a body-worn camera from a peace officer,
39including but not limited to, authorizing the supervisor to be
P12   1responsible for ensuring the camera data is uploaded into the
2desired data processing and collection method.

end insert
3begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

The Legislature finds and declares that Section 2 of
4this act, which adds Section 6254.31 to the Government Code,
5imposes a limitation on the public’s right of access to the writings
6of public officials and agencies within the meaning of Section 3
7of Article I of the California Constitution. Pursuant to that
8constitutional provision, the Legislature makes the following
9findings to demonstrate the interest protected by this limitation
10and the need for protecting that interest:

end insert
begin insert

11The need to protect the privacy of victims of serious crimes, the
12privacy of individuals in their homes, and the identity of
13confidential police informants and undercover peace officers from
14the public disclosure of images captured through the use of a
15body-worn camera outweighs the interest in public disclosure of
16that information.

end insert
17begin insert

begin insertSEC. 8.end insert  

end insert
begin insert

The Legislature finds and declares that Section 2 of
18this act, which adds Section 6254.31 to the Government Code,
19furthers, within the meaning of paragraph (7) of subdivision (b)
20of Section 3 of Article I of the California Constitution, the purposes
21of that constitutional section as it relates to the right of public
22access to the writings of local public officials and local agencies.
23Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article
24I of the California Constitution, the Legislature makes the following
25findings:

end insert
begin insert

26Because body-worn cameras used by peace officers may capture
27sensitive information that could compromise important police work
28in addition to information that is highly valuable to the public,
29requiring local agencies to disclose certain records created
30through the use of a body-worn camera and maintain the
31confidentiality of other body-worn camera records furthers the
32purpose of Section 3 of Article I of the California Constitution.

end insert
33begin insert

begin insertSEC. 9.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district under this act would result from a legislative mandate that
37is within the scope of paragraph (7) of subdivision (b) of Section
383 of Article I of the California Constitution.

end insert


O

    94