Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 69


Introduced by Assembly Member Rodriguez

December 18, 2014


An actbegin insert to add Section 832.18 to the Penal Code,end insert relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 69, as amended, Rodriguez. 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.

begin delete

This bill would state the intent of the legislature to enact legislation to require all peace officers statewide to wear body cameras to capture their interactions with the public.

end delete
begin insert

This bill would require law enforcement agencies to follow specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras.

end insert

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

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

P1    1begin insert

begin insertSECTION 1end insertbegin insert.end insert  

end insert

begin insertSection 832.18 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert832.18.end insert  

(a) It is the intent of the Legislature to establish
4policies and procedures to address issues related to the
P2    1downloading and storage data recorded by a body-worn camera
2worn by a peace officer. These policies and procedures shall be
3based on best practices.

4(b) When establishing policies and procedures for the
5implementation and operation of a body-worn camera system, law
6enforcement agencies, departments, or entities shall consider the
7following best practices regarding the downloading and storage
8of body-worn camera data:

9(1) Designate the person responsible for downloading the
10recorded data from the body-worn camera.

11(2) Establish when data should be downloaded.

12(3) Include specific measures to prevent data tampering,
13deleting, and copying.

14(4) Categorize and tag body-worn camera video at the time the
15data is downloaded and classified according to the type of event
16or incident captured in the data.

17(5) State the length of time that recorded data shall be stored.

18(6) State where the body-worn camera data will be stored.

19(7) If using a third-party vendor to manage the data storage
20system, the following factors shall be considered to protect the
21security and integrity of the data:

22(A) Using an experienced and reputable third-party vendor.

23(B) Entering into contracts that govern the vendor relationship
24and protect the agency’s data.

25(C) Using a system that has a built in audit trail to prevent data
26tampering and unauthorized access.

27(D) Using a system that has a reliable method for automatically
28backing up data for storage.

29(E) Consulting with internal legal counsel to ensure the method
30of data storage meets legal requirements for chain-of-custody
31concerns.

32(F) Using a system that includes technical assistance
33capabilities.

end insert
begin delete
34

SECTION 1.  

It is the intent of the legislature to enact legislation
35to require all peace officers statewide to wear body cameras to
36capture their interactions with the public.

end delete


O

    98