Amended in Assembly April 21, 2015

Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 69


Introduced by Assembly Member Rodriguez

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(Coauthor: Assembly Member Weber)

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December 18, 2014


An act to add Section 832.18 to the Penal Code, 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.

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 camerasbegin insert, including, among other things, prohibiting unauthorized use, duplication, or distribution of the data, storage periods for evidentiary and nonevidentiary data, as definedend insert.

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

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

P2    1

SECTION 1.  

Section 832.18 is added to the Penal Code, to
2read:

3

832.18.  

(a) It is the intent of the Legislature to establish
4policies and procedures to address issues related to the
5downloading and storage data recorded by a body-worn camera
6worn by a peace officer. These policies and procedures shall be
7based on best practices.

8(b) When establishing policies and procedures for the
9implementation and operation of a body-worn camera system, law
10enforcement agencies, departments, or entities shall consider the
11following best practices regarding the downloading and storage
12of body-worn camera data:

13(1) Designate the person responsible for downloading the
14recorded data from the body-worn camera.begin insert If the storage system
15does not have automatic downloading capability, the officer’s
16supervisor should take immediate physical custody of the camera
17and should be responsible for downloading the data in the case
18of an incident involving the use of force by an officer, an
19officer-involved shooting, or other serious incident.end insert

20(2) Establish when data should be downloadedbegin insert to ensure the
21data is entered into the system in a timely manner, the cameras
22are properly maintained and ready for the next use, and for
23purposes of tagging and categorizing the dataend insert
.

24(3) begin deleteInclude end deletebegin insertEstablish end insertspecific measures to prevent data
25tampering, deleting, andbegin delete copyingend deletebegin insert copying, including prohibiting
26 the unauthorized use, duplication, or distribution of body-worn
27camera dataend insert
.

28(4) Categorize and tag body-worn camera video at the time the
29data is downloaded and classified according to the type of event
30or incident captured in the data.

31(5) begin deleteState end deletebegin insertSpecifically state end insertthe length of time that recorded data
32shall be stored.

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33(A) Unless subparagraph (B) or (C) applies, a law enforcement
34agency shall retain nonevidentiary data including video and audio
35recorded by a body-worn camera for a minimum of one year, after
36which it will be erased, destroyed, or recycled pursuant to Section
3734090.6 of the Government Code.

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P3    1(B) A law enforcement agency shall retain evidentiary data
2including video and audio recorded by a body-worn camera under
3this section for a minimum of three years under any of the following
4situations:

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5(i) The recording is of an incident involving the use of force by
6a peace officer or an officer-involved shooting.

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7(ii) The recording is of an incident that leads to the detention
8or arrest of an individual.

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9(iii) The recording is relevant to a formal or informal complaint
10against a law enforcement officer or a law enforcement agency.

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11(C) If evidence that may be relevant to a criminal prosecution
12is obtained from a recording made by a body-worn camera under
13this section, the law enforcement agency shall retain the recording
14for any time in addition to that specified in paragraphs (A) and
15(B), and in the same manner as is required by law for other
16evidence that may be relevant to a criminal prosecution.

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17(6) State where the body-worn camera data will bebegin delete storedend deletebegin insert stored,
18including, for example, an in-house server which is managed
19internally, or an online cloud database which is managed by a
20third party vendorend insert
.

21(7) If using a third-party vendor to manage the data storage
22system, the following factors shall be considered to protect the
23security and integrity of the data:

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

25(B) Entering into contracts that govern the vendor relationship
26and protect the agency’s data.

27(C) Using a system that has abegin delete built inend deletebegin insert built-inend insert audit trail to
28prevent data tampering and unauthorized access.

29(D) Using a system that has a reliable method for automatically
30backing up data for storage.

31(E) Consulting with internal legal counsel to ensure the method
32of data storage meets legal requirements for chain-of-custody
33concerns.

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

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35(c) (1) For purposes of this section, “evidentiary data” refers
36to data of an incident or encounter that could prove useful for
37investigative purposes, including, but not limited to, a crime, an
38arrest or citation, a search, a use of force incident, or a
39confrontational encounter with a member of the public. The
P4    1 retention period for evidentiary data are subject to state evidentiary
2laws.

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3(2) For purposes of this section, “nonevidentiary data” refers
4to data that does not necessarily have value to aid in an
5investigation or prosecution, such as data of an incident or
6encounter that does not lead to an arrest or citation, or data of
7general activities the officer might perform while on duty.

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8(d) All recorded media, images, and audio from body-worn
9cameras are property of their respective law enforcement agency,
10and shall not be copied, released, or disseminated in any form or
11manner outside the parameters of this section without the written
12consent of the head of the agency, unless otherwise authorized by
13law.

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