BILL ANALYSIS                                                                                                                                                                                                    



                                                                        AB 69


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          ASSEMBLY THIRD READING


          AB  
          69 (Rodriguez)


          As Amended  May 4, 2015


          Majority vote


           --------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                  |
          |----------------+------+----------------------+----------------------|
          |Public Safety   |7-0   |Quirk, Melendez,      |                      |
          |                |      |Gonzalez,             |                      |
          |                |      |Jones-Sawyer, Lackey, |                      |
          |                |      |Low, Santiago         |                      |
          |                |      |                      |                      |
          |----------------+------+----------------------+----------------------|
          |Privacy         |11-0  |Gatto, Wilk, Baker,   |                      |
          |                |      |Calderon, Chang,      |                      |
          |                |      |Chau, Cooper,         |                      |
          |                |      |Dababneh, Dahle,      |                      |
          |                |      |Gordon, Low           |                      |
           --------------------------------------------------------------------- 


          SUMMARY:  Requires law enforcement agencies to follow specified  
          best practices when establishing policies and procedures for  
          downloading and storing data from body-worn cameras.   
          Specifically, this bill:  


          1)States the intent of the Legislature to establish policies and  
            procedures to address issues related to the downloading and  
            storage data recorded by a body-worn camera worn by a peace  








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            officer. These policies and procedures shall be based on best  
            practices.


          2)States that when establishing policies and procedures for the  
            implementation and operation of a body-worn camera system, law  
            enforcement agencies, departments, or entities shall consider  
            the following best practices regarding the downloading and  
            storage of body-worn camera data:


             a)   Designate the person responsible for downloading the  
               recorded data from the body-worn camera. If the storage  
               system does not have automatic downloading capability, the  
               officer's supervisor should take immediate physical custody  
               of the camera and should be responsible for downloading the  
               data in the case of an incident involving the use of force by  
               an officer, an officer-involved shooting, or other serious  
               incident.


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


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


             d)   Categorize and tag body-worn camera video at the time the  
               data is downloaded and classified according to the type of  
               event or incident captured in the data;


             e)   Specifically state the length of time that recorded data  
               shall be stored;








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               i)     Unless either of the paragraphs below applies, a law  
                 enforcement agency shall retain nonevidentiary data  
                 including video and audio recorded by a body-worn camera  
                 for a minimum of 60 days, after which it will be erased,  
                 destroyed, or recycled.
               ii)    A law enforcement agency shall retain evidentiary data  
                 including video and audio recorded by a body-worn camera  
                 under this section for a minimum of three years when the  
                 recording is of an incident involving use of force or an  
                 officer-involved shooting, an incident that leads to the  
                 detention or arrest of an individual, or is relevant to a  
                 formal or informal complaint against an officer or a law  
                 enforcement agency.


               iii)   If evidence that may be relevant to a criminal  
                 prosecution is obtained from a recording made by a  
                 body-worn camera, the law enforcement agency shall retain  
                 the recording for any time in addition to the amount of  
                 time specified above and in the same manner as is required  
                 by law for other evidence that may be relevant to a  
                 criminal prosecution.


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


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


               i)     Using an experienced and reputable third-party vendor;









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               ii)    Entering into contracts that govern the vendor  
                 relationship and protect the agency's data;


               iii)   Using a system that has a built in audit trail to  
                 prevent data tampering and unauthorized access;


               iv)    Using a system that has a reliable method for  
                 automatically backing up data for storage;


               v)     Consulting with internal legal counsel to ensure the  
                 method of data storage meets legal requirements for  
                 chain-of-custody concerns; and


               vi)    Using a system that includes technical assistance  
                 capabilities.


          3)Defines "evidentiary data" as data of an incident or encounter  
            that could prove useful for investigative purposes, including,  
            but not limited to, a crime, an arrest or citation, a search, a  
            use of force incident, or a confrontational encounter with a  
            member of the public.  The retention period for evidentiary data  
            are subject to state evidentiary laws.


          4)Defines "nonevidentiary data" refers to data that does not  
            necessarily have value to aid in an investigation or  
            prosecution, such as data of an incident or encounter that does  
            not lead to an arrest or citation, or data of general activities  
            the officer might perform while on duty.


          5)States that all recorded media, images, and audio from body-worn  
            cameras are property of their respective law enforcement agency,  








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            and shall not be copied, released, or disseminated in any form  
            or manner outside the parameters of this section without the  
            written consent of the head of the agency, unless otherwise  
            authorized by law.


          EXISTING LAW:


          1)States that every person who, intentionally and without the  
            consent of all parties to a confidential communication, by means  
            of any electronic amplifying or recording device, eavesdrops  
            upon or records the confidential communication, whether the  
            communication is carried on among the parties in the presence of  
            one another or by means of a telegraph, telephone, or other  
            device, except a radio, shall be punished by a fine not  
            exceeding $2,500, or imprisonment in the county jail not  
            exceeding one year, or in the state prison, or by both that fine  
            and imprisonment.  


          2)Defines "confidential communication" to include any  
            communication carried on in circumstances as may reasonably  
            indicate that any party to the communication desires it to be  
            confined to the parties thereto, but excludes a communication  
            made in a public gathering or any legislative, judicial,  
            executive or administrative proceeding open to the public, or in  
            any circumstance that the parties may reasonably expect that the  
            communication may be overheard or recorded.  


          3)Provides that nothing in the sections prohibiting eavesdropping  
            or wiretapping prohibits specified law enforcement officers or  
            their assistants or deputies acting within the scope of his or  
            her authority, from overhearing or recording any communication  
            that they could lawfully overhear or record.  


          FISCAL EFFECT:  Unknown








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          COMMENTS:  According to the author, "While the 2012 Rialto Study  
          on body-worn cameras concluded that there is a correlation between  
          the use of body-worn cameras and the reduction of excessive use of  
          force complaints, we must not lose sight that this is a developing  
          technology and we have yet to learn and fully understand how this  
          technology is being used in the field and the impact it has on  
          police-citizen behavior and on crime.  AB 69 focuses on providing  
          guidelines for downloading and storing body-worn camera data for  
          those law enforcement agencies that choose to implement a  
          body-worn camera program."




          Analysis Prepared by:                                               
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0000276