AB 1246,
as amended, Quirk. begin deletePeace officers. end deletebegin insertBody worn cameras: peace officers: limited disclosure.end insert
(1) The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law.
end insertbegin insertThis bill would, notwithstanding any other law, prohibit the disclosure of a recording made by a body worn camera, as defined, except for requiring disclosure to the person whose image is recorded by the body worn camera.
end insertbegin insert(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insert(3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insert(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law provides that peace officer or custodial officer personnel records and records maintained by any state or local agency, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. Existing law describes exceptions to this policy, including data regarding the number, type, or disposition of complaints made against officers if that information is in a form that does not identify the individuals involved.
end deleteThis bill would make technical, nonsubstantive changes to these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 6254.32 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
(a) Notwithstanding any other law, including, but
4not limited to, Chapter 4.5 (commencing with Section 830) of Title
53 of Part 2 of the Penal Code, a recording made by a body worn
6camera is confidential and shall not be disclosed, except that the
7recording shall be disclosed to the person whose image is recorded
8by the body worn camera.
9(b) The following definitions shall apply to this section:
10(1) “Body worn camera” means a device attached to the uniform
11or body of a peace officer that records video, audio, or both, in a
12digital or analog format.
P3 1(2) “Peace officer” means any person designated as a peace
2officer
pursuant to Chapter 4.5 (commencing with Section 830) of
3Title 3 of Part 2 of the Penal Code.
The Legislature finds and declares that Section 1 of
5this act, which adds Section 6254.32 to the Government Code,
6imposes a limitation on the public’s right of access to the meetings
7of public bodies or the writings of public officials and agencies
8within the meaning of Section 3 of Article I of the California
9Constitution. Pursuant to that constitutional provision, the
10Legislature makes the following findings to demonstrate the interest
11protected by this limitation and the need for protecting that
12interest:
13The need to protect individual privacy from
the public disclosure
14of images captured by a body worn camera outweighs the interest
15in the public disclosure of that information.
The Legislature finds and declares that Section 1 of
17this act, which adds Section 6254.32 to the Government Code,
18furthers, within the meaning of paragraph (7) of subdivision (b)
19of Section 3 of Article I of the California Constitution, the purposes
20of that constitutional section as it relates to the right of public
21access to the meetings of local public bodies or the writings of
22local public officials and local agencies. Pursuant to paragraph
23(7) of subdivision (b) of Section 3 of Article I of the California
24Constitution, the Legislature makes the following findings:
25Protecting the privacy of a person whose image is captured by
26body worn cameras on local peace officers enhances public safety
27and the protection of individual rights, thereby furthering the
28purposes of Section 3 of Article I of the California Constitution.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district under this act would result from a legislative mandate that
33is within the scope of paragraph (7) of subdivision (b) of Section
343 of Article I of the California Constitution.
Section 832.7 of the Penal Code is amended to
36read:
(a) Peace officer or custodial officer personnel records
38and records maintained by any state or local agency pursuant to
39Section 832.5, or information obtained from these records, are
40confidential and shall not be disclosed in any criminal or civil
P4 1proceeding except by discovery pursuant to Sections 1043 and
21046 of the Evidence Code. This section shall not apply to
3investigations or proceedings concerning the conduct of peace
4officers or custodial officers, or an agency or department that
5employs those officers, conducted by a grand jury, a district
6attorney’s office, or the Attorney General’s office.
7(b) Notwithstanding subdivision (a), a department or agency
8shall release to the complaining party a copy of his or her own
9
statements at the time the complaint is filed.
10(c) Notwithstanding subdivision (a), a department or agency
11that employs peace or custodial officers may disseminate data
12regarding the number, type, or disposition of complaints (sustained,
13not sustained, exonerated, or unfounded) made against its officers
14if that information is in a form that does not identify the individuals
15involved.
16(d) Notwithstanding subdivision (a), a department or agency
17that employs peace or custodial officers may release factual
18information concerning a disciplinary investigation if the officer
19who is the subject of the disciplinary investigation, or the officer’s
20agent or representative, publicly makes a
statement he or she knows
21to be false concerning the investigation or the imposition of
22disciplinary action. Information may not be disclosed by the peace
23or custodial officer’s employer unless the false statement was
24published by an established medium of communication, including,
25but not limited to, television, radio, or a newspaper. Disclosure of
26factual information by the employing agency pursuant to this
27subdivision is limited to facts contained in the officer’s personnel
28file concerning the disciplinary investigation or imposition of
29disciplinary action that specifically refute the false statements
30made public by the peace or custodial officer or his or her agent
31or representative.
32(e) (1) The department or agency shall
provide written
33notification to the complaining party of the disposition of the
34complaint within 30 days of the disposition.
35(2) The notification described in this subdivision shall not be
36conclusive or binding or admissible as evidence in any separate
37or subsequent action or proceeding brought before an arbitrator,
38court, or judge of this state or the United States.
P5 1(f) Nothing in this section shall affect the discovery or disclosure
2of information contained in a peace or custodial officer’s personnel
3file pursuant to Section 1043 of the Evidence Code.
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