BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                         AB 69|
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                                   THIRD READING 

          Bill No:  AB 69
          Author:   Rodriguez (D), et al.
          Amended:  8/18/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 7/14/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  75-1, 5/28/15 - See last page for vote

           SUBJECT:   Peace officers: body-worn cameras

          SOURCE:    Author

          DIGEST:   This bill requires law enforcement agencies to  
          consider specified best practices when establishing policies and  
          procedures for downloading and storing data from body-worn  

          Existing law:

          1)Defines "peace officer," as specified. (Penal Code § 830, et  

          2)Makes it a crime for a person, intentionally and without  
            requisite consent, to eavesdrop on a confidential  
            communication by means of any electronic amplifying or  


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            recording device.  (Penal Code § 632.)

          3)Exempts a number of law enforcement agencies from the  
            prohibition in Penal Code Section 632, including the Attorney  
            General, any district attorney, or any assistant, deputy, or  
            investigator of the Attorney General or any district attorney,  
            any officer of the California Highway Patrol, any chief of  
            police, assistant chief of police, or police officer of a city  
            or city and county, any sheriff, undersheriff, or deputy  
            sheriff regularly employed and paid in that capacity by a  
            county, police officer of the County of Los Angeles, or any  
            person acting pursuant to the direction of one of these law  
            enforcement officers acting within the scope of his or her  
            authority.  (Penal Code § 633.)

          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  

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

             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  


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               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;

               i)     Unless otherwise specified, 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. Agencies may keep data longer to preserve  
                 transparency and to have it available in case a citizen  
                 complaint arises.

               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 two 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.

               iv)    Each agency must work with their legal counsel to  
                 determine a retention schedule to ensure that storage  
                 policies and practices are in compliance with all  
                 relevant laws and adequately preserve evidentiary chain  
                 of custody.

               v)     Records or logs of access and deletion of data from  
                 body-worn cameras must be retained permanently.

             f)   State where the body-worn camera data will be stored;  


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               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  

               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  

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

          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 is subject to state evidentiary laws.

          4)Defines "nonevidentiary data" refers to data that does not  


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            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)Clarifies that the provisions in the bill shall not be  
            interpreted to limit the public's right to access recorded  
            data under the California Public Records Act.

          A number of law enforcement agencies are currently permitted to  
          utilize body-worn cameras.  Existing law, however, does not  
          require these agencies to have a policy prior to utilizing them.  
           This bill requires law enforcement to consider best practices  
          for the retention of body-worn camera data should an agency  
          draft a policy.  

          A recent report released by U.S. Department of Justice's Office  
          of Community Oriented Policing Services and the Police Executive  
          Research Forum studied the use of body-worn cameras by police  
          agencies.  (Miller and Toliver, Implementing a Body-Worn Camera  
          Program: Recommendations and Lessons Learned, Police Executive  
          Research Forum (Nov. 2014).)  This research included a survey of  
          250 police agencies, interviews with more than 40 police  
          executives, a review of 20 existing body-camera policies, and a  
          national conference at which more than 200 police chiefs,  
          sheriffs, federal justice representatives, and other experts  
          shared their knowledge of and experiences with body-worn  
          cameras.  (Id.)  The report shows that body-worn cameras can  
          help agencies demonstrate transparency and address the  
          community's questions about controversial events.  (Id.)  Among  
          other reported benefits are that the presence of a body-worn  
          camera have helped strengthen officer professionalism and helped  
          to de-escalate contentious situations, and when questions do  
          arise following an event or encounter, police having a video  
          record helps lead to a quicker resolution.  (Id.)  The report  
          made specified recommendations related to data storage and  
          retention policiesthis bill seeks to help implement these  
          recommendations by requiring law enforcement agencies to  
          consider best practices regarding the downloading and storage of  
          body-worn camera data.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  


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          Com.:YesLocal:   No

          According to the Senate Appropriations Committee analysis: 

           Potentially major non-reimbursable local costs (Local Funds)  
            to law enforcement and other local agencies that opt to  
            implement a body-worn camera system.

           Potential major future cost pressure (General Fund/Special  
            Fund) to various state agencies including but not limited to  
            the California Highway Patrol (CHP), Department of Justice,  
            Department of Fish and Wildlife, and the Department of  
            Corrections and Rehabilitation, to the extent these agencies  
            implement a body-worn camera system in the future. The 2015  
            Budget Act includes $1 million for the CHP to conduct a pilot  
            program to study the use of body-worn cameras. 

          SUPPORT:   (Verified 8/28/15)

          California Public Defenders Association 

          OPPOSITION:   (Verified8/28/15)

          None received

          ARGUMENTS IN SUPPORT:     The California Public Defenders  
          Association (CPDA) states:

            CPDA supports the use of body-worn cameras by law  
            enforcement. Of equal importance to the wearing of  
            body-worn cameras are policies concerning the use of  
            these cameras and the proper storage of data collected  
            from these cameras.

            CPDA believes that this bill is a good start in  


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            establishing these policies. Once the use of body-worn  
            cameras by law enforcement becomes more common, these  
            policies may need to be revisited and updated to ensure  
            integrity in their use and integrity in the data captured  
            by them.

            Further, CPDA believes that the use of body-worn cameras  
            will help build trust between communities and their law  
            enforcement officers, and promote the truth finding  

          ASSEMBLY FLOOR:  75-1, 5/28/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla,  
            Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer,  
            Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood,  
          NOES:  Harper
          NO VOTE RECORDED:  Bloom, Brough, Grove, Thurmond

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          8/30/15 19:48:57

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