Amended in Assembly May 22, 2015

Amended in Assembly May 4, 2015

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

(Coauthor: Assembly Member Weber)

December 18, 2014

An act to add Section 832.18 to the Penal Code, relating to peace officers.


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 tobegin delete followend deletebegin insert considerend insert specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibitingbegin insert theend insert unauthorized use, duplication, or distribution of the data,begin insert and establishingend insert storage periods for evidentiary and nonevidentiary data, as defined.

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 832.18 is added to the Penal Code, to



(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. 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 of
18an incident involving the use of force by an officer, an
19officer-involved shooting, or other serious incident.

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

24(3) Establish specific measures to prevent data tampering,
25deleting, and copying, including prohibiting the unauthorized use,
26duplication, or distribution of body-worn camera data.

27(4) Categorize and tag body-worn camera video at the time the
28data is downloaded and classified according to the type of event
29or incident captured in the data.

30(5) Specifically state the length of time that recorded data shall
31be stored.

32(A) Unless subparagraph (B) or (C) applies, a law enforcement
33agency shall retain nonevidentiary data including video and audio
34recorded by a body-worn camera for a minimum of 60 days, after
35which it will be erased, destroyed, orbegin delete recycled pursuant to Section
3634090.6 of the Government Code.end delete
begin insert recycled.end insert

37(B) A law enforcement agency shall retain evidentiary data
38including video and audio recorded by a body-worn camera under
P3    1this section for a minimum of three years under any of the
2followingbegin delete situations:end deletebegin insert circumstances:end insert

3(i) The recording is of an incident involving the use of force by
4a peace officer or an officer-involved shooting.

5(ii) The recording is of an incident that leads to the detention
6or arrest of an individual.

7(iii) The recording is relevant to a formal or informal complaint
8against a law enforcement officer or a law enforcement agency.

9(C) If evidence that may be relevant to a criminal prosecution
10is obtained from a recording made by a body-worn camera under
11this section, the law enforcement agency shall retain the recording
12for any time in addition to that specified in paragraphs (A) and
13(B), and in the same manner as is required by law for other
14evidence that may be relevant to a criminal prosecution.

15(6) State where the body-worn camera data will be stored,
16including, for example, an in-house server which is managed
17internally, or an online cloud database which is managed by a
18third-party vendor.

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

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

begin insert

33(8) Require that all recorded data from body-worn cameras are
34property of their respective law enforcement agency and shall not
35be accessed or released for any unauthorized purpose, explicitly
36prohibit agency personnel from accessing recorded data for
37personal use and from uploading recorded data onto public and
38social media Internet Web sites, and include sanctions for
39violations of this prohibition.

end insert

P4    1(c) (1) For purposes of this section, “evidentiary data” refers
2to data of an incident or encounter that could prove useful for
3investigative purposes, including, but not limited to, a crime, an
4arrest or citation, a search, a use of force incident, or a
5confrontational encounter with a member of the public. The
6retention period for evidentiary data are subject to state evidentiary

8(2) For purposes of this section, “nonevidentiary data” refers
9to data that does not necessarily have value to aid in an
10investigation or prosecution, such as data of an incident or
11encounter that does not lead to an arrest or citation, or data of
12general activities the officer might perform while on duty.

begin delete

13(d) All recorded media, images, and audio from body-worn
14cameras are property of their respective law enforcement agency,
15and shall not be copied, released, or disseminated in any form or
16manner outside the parameters of this section without the written
17consent of the head of the agency, unless otherwise authorized by

end delete
begin insert

19(d) Nothing in this section shall be interpreted to limit the
20public’s right to access recorded data under the California Public
21Records Act (Chapter 3.5 (commencing with Section 6250) of
22Division 7 of Title 1 of the Government Code).

end insert