BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1860


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          Date of Hearing:  April 19, 2016
          Counsel:               David Billingsley


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                        1860 (Alejo) - As Amended  March 17, 2016




          SUMMARY:  Requires the Board of State and Community Corrections  
          (BSCC) to develop a grant program to make funds available to  
          local law enforcement entities to purchase body-worn cameras and  
          related data storage and equipment, and to hire personnel  
          necessary to operate a local body-worn camera program.  
          Specifically, this bill:  
          1)Requires BSCC to develop a grant program to make funds  
            available to local law enforcement entities to purchase  
            body-worn cameras and related data storage and equipment, and  
            to hire personnel necessary to operate a local body-worn  
            camera program.

          2)Deletes the transfer requirement for the Driver Training  
            Penalty Assessment Fund and instead require a transfer to the  
            Body-worn Camera Fund.



          3)Creates the Body-worn Camera Fund, that would continuously  
            appropriate funds to the board for those purposes.


          EXISTING LAW:  








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          1)States that there shall be levied a state penalty in the  
            amount of ten dollars ($10) for every ten dollars ($10), or  
            part of ten dollars ($10), upon every fine, penalty, or  
            forfeiture imposed and collected by the courts for all  
            criminal offenses, including all offenses, except parking  
            offenses as specified. (Pen. Code, § 1464, subd. (a)(1).)

          2)Specifies that after a determination by the court of the  
            amount due, the clerk of the court shall collect the penalty  
            and transmit it to the county treasury. A specified portion  
            shall be deposited in the appropriate county fund and 70  
            percent of the balance shall then be transmitted to the State  
            Treasury, to be deposited in the State Penalty Fund, which is  
            hereby created, and 30 percent to remain on deposit in the  
            county general fund. (Pen. Code, § 1464, subd. (e).) 

          3)The moneys so deposited in the State Penalty Fund shall be  
            distributed as follows:

             a)    Once a month there shall be transferred into the Fish  
               and Game Preservation Fund an amount equal to 0.33 percent  
               of the state penalty funds deposited in the State Penalty  
               Fund during the preceding month, except that the total  
               amount shall not be less than the state penalty levied on  
               fines or forfeitures for violation of state laws relating  
               to the protection or propagation of fish and game. These  
               moneys shall be used for the education or training of  
               department employees which fulfills a need consistent with  
               the objectives of the Department of Fish and Game; (Pen.  
               Code, § 1464, subd. (f)(1).)

             b)   Once a month there shall be transferred into the  
               Restitution Fund an amount equal to 32.02 percent of the  
               state penalty funds deposited in the State Penalty Fund  
               during the preceding month; (Pen. Code, § 1464, subd.  
               (f)(2).)

             c)   Once a month there shall be transferred into the Peace  
               Officers' Training Fund an amount equal to 23.99 percent of  
               the state penalty funds deposited in the State Penalty Fund  
               during the preceding month; (Pen. Code, § 1464, subd.  








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               (f)(3).)

             d)   Once a month there shall be transferred into the Driver  
               Training Penalty Assessment Fund an amount equal to 25.70  
               percent of the state penalty funds deposited in the State  
               Penalty Fund during the preceding month; (Pen. Code, §  
               1464, subd. (f)(4).)

             e)   Once a month there shall be transferred into the  
               Corrections Training Fund an amount equal to 7.88 percent  
               of the state penalty funds deposited in the State Penalty  
               Fund during the preceding month. Money in the Corrections  
               Training Fund is not continuously appropriated and shall be  
               appropriated in the Budget Act; (Pen. Code, § 1464, subd.  
               (f)(5).)

             f)   Once a month there shall be transferred into the Local  
               Public Prosecutors and Public Defenders Training Fund  
               established pursuant to Section 11503 an amount equal to  
               0.78 percent of the state penalty funds deposited in the  
               State Penalty Fund during the preceding month. The amount  
               so transferred shall not exceed the sum of eight hundred  
               fifty thousand dollars ($850,000) in any fiscal year. The  
               remainder in excess of eight hundred fifty thousand dollars  
               ($850,000) shall be transferred to the Restitution Fund;  
               (Pen. Code, § 1464, subd. (f)(6).)

             g)   Once a month there shall be transferred into the  
               Victim-Witness Assistance Fund an amount equal to 8.64  
               percent of the state penalty funds deposited in the State  
               Penalty Fund during the preceding month; and (Pen. Code, §  
               1464, subd. (f)(7).)

             h)   Once a month there shall be transferred into the  
               Traumatic Brain Injury Fund an amount equal to 0.66 percent  
               of the state penalty funds deposited into the State Penalty  
               Fund during the preceding month. (Pen. Code, § 1464, subd.  
               (f)(8).)

          4)When establishing policies and procedures for the  
            implementation and operation of a body-worn camera system, law  
            enforcement agencies, departments, or entities shall consider  








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            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. (Pen. Code, §  
               832.18, subd. (b)(1).)

             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.  
               (Pen. Code, § 832.18, subd. (b)(2).)

             c)   Establish specific measures to prevent data tampering,  
               deleting, and copying, including prohibiting the  
               unauthorized use, duplication, or distribution of body-worn  
               camera data. (Pen. Code, § 832.18, subd. (b)(3).)

             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. (Pen. Code, §  
               832.18, subd. (b)(4).)

             e)   Specifically state the length of time that recorded data  
               is to be stored. (Pen. Code, § 832.18, subd. (b)(5).)

             f)   States that nonevidentiary data including video and  
               audio recorded by a body-worn camera should be retained for  
               a minimum of 60 days, after which it may be erased,  
               destroyed, or recycled, except in specified circumstances.  
               (Pen. Code, § 832.18, subd. (b)(5)(A).)

             g)   States that evidentiary data including video and audio  
               recorded by a body-worn camera under this section should be  
               retained for a minimum of two years under any of the  
               following circumstances, as specified. (Pen. Code, §  
               832.18, subd. (b)(5)(B).)


          5)Appropriates annually from the Driver Training Penalty  
            Assessment Fund to the General Fund in the State Treasury and  
            from the General Fund to the California Energy Extension  








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            Service of the Office of Planning and Research a sum as  
            necessary to establish and maintain a unit for driver  
            instruction within the State Department of Education as  
            specified. (Ed. Code, § 41304, subd. (a).)


          6)Appropriates from the Driver Training Penalty Assessment Fund  
            to the General Fund, then to the State School Fund each fiscal  
            year, the sum the Superintendent of Public Instruction  
            certifies as necessary to reimburse on a quarterly basis for  
            each current fiscal year school districts, county  
            superintendents of schools, the Department of the Youth  
            Authority, and the State Department of Education for the  
            actual cost of instructing pupils in the operation of motor  
            vehicles. (Ed. Code, § 41304, subd. (b).)


          7)Directs that monies, as specified, shall also be appropriated  
            from the Driver Training Penalty Assessment Fund the sum the  
            Superintendent of Public Instruction shall certify as  
            necessary to reimburse on a quarterly basis for each current  
            fiscal year school districts, county superintendents of  
            schools, the Department of the Youth Authority, and the State  
            Department of Education for the actual cost of replacing  
            vehicles and simulators used exclusively in the laboratory  
            phase of driver education programs, but the amount shall not  
            exceed three-fourths of that part of the actual cost of  
            instructing pupils in the laboratory phase of driver education  
            which is: (1) in excess of ninety-seven dollars ($97) per  
            pupil instructed, and (2) expended by the district, the county  
            superintendent of schools, the Department of the Youth  
            Authority, and the State Department of Education in replacing  
            the vehicles and simulators. Reimbursement for vehicles shall  
            be computed for only that portion of the total mileage used  
            exclusively in the laboratory phase of driver education  
            programs.  (Ed. Code, § 41304, subd. (c).)
          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "Having video of  
            police officers' interactions with the public will help create  








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            accountability. Body cameras will help us address problems of  
            misconduct, absolve officers who've been wrongly accused and  
            help the public understand things from a public safety  
            perspective. There are other benefits of police wearing body  
            cameras that don't get talked about as much, these include  
            providing evidence in domestic violence cases and enhanced  
            evidence collection at accident scenes."

          2)Federal Justice Department Grants for Body-Worn Cameras:  On  
            September 21, 2015, as part of President Obama's commitment to  
            building trust and transparency between law enforcement and  
            the communities they serve, Attorney General Loretta E. Lynch  
            announced that the Justice Department has awarded grants  
            totaling more than $23.2 million to 73 local and tribal  
            agencies in 32 states to expand the use of body-worn cameras  
            and explore their impact.  The  body-worn camera pilot program   
            announced in May 2015 includes $19.3 million to purchase  
            body-worn cameras, $2 million for training and technical  
            assistance and $1.9 million to examine the impact of their  
            use.  The grants, awarded by the department's Office of  
            Justice Programs (OJP), build on President Obama's proposal to  
            purchase 50,000 body-worn cameras for law enforcement agencies  
            within three years.  
            (  https://www.justice.gov/opa/pr/justice-department-awards-over- 
            23-million-funding-body-worn-camera-pilot-program-support-law  )

          "This vital pilot program is designed to assist local  
            jurisdictions that are interested in exploring and expanding  
            the use of body-worn cameras in order to enhance transparency,  
            accountability and credibility,"  said Attorney General Lynch  .   
            "The impact of body-worn cameras touches on a range of  
            outcomes that build upon efforts to mend the fabric of trust,  
            respect and common purpose that all communities need to  
            thrive."  
            (  https://www.justice.gov/opa/pr/justice-department-awards-over- 
            23-million-funding-body-worn-camera-pilot-program-support-law  )

          The grants, which require a 50/50 in-kind or cash match, can be  
            used to purchase equipment and require that applicants  
            establish a strong implementation plan and a robust training  
            policy before purchasing cameras.  Each agency awarded a grant  
            is responsible for developing a plan for long-term storage,  








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            including the cost of storing data.

          In addition to funds to help purchase body-worn cameras and  
            train officers in their use, grants under the Bureau of  
            Justice Assistance's (BJA's) Smart Policing Initiative will  
            support police departments in Miami, Milwaukee and Phoenix as  
            they examine the impact of body-worn cameras on citizen  
            complaints, internal investigations, privacy, community  
            relationships and cost effectiveness.  Each of these three  
            departments will partner with a research institution to gain  
            insight on the merits of deploying body-worn camera programs.  
            (  https://www.justice.gov/opa/pr/justice-department-awards-over- 
            23-million-funding-body-worn-camera-pilot-program-support-law  )

          3)Driver Training Penalty Assessment Fund:  This bill plans to  
            use funds from the Driver Training Penalty Assessment Fund and  
            send those funds to the newly created, Body-worn Camera Fund.   
             The Driver Training Penalty Assessment was set up to provide  
            funds in accordance with Education Code section 41304.   
            Education Code Section 41304 lists the fund priorities as  
            follows.: 
             a)   Establish and maintain a unit for driver instruction  
               within the State Department of Education; 

             b)   Reimburse actual cost of instructing pupils in the  
               operation of motor vehicles; 

             c)   Reimburse actual cost of replacing vehicles and  
               simulators used extensively in the laboratory phase of  
               driver education programs; and 

             d)   Transfer to other funds pursuant to Control Section  
               24.10 (b) of the annual Budget Act.

          4)Budget Act and Budget Bill Expenditures Already has Claims on  
            the Driver Training Penalty Assessment Fund: 



          As part of the budget process, money from the Driver Training  
            Penalty Assessment Fund has been allocated to pay for other  
            policy objectives.  








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          Control Section 24.10 of the 2015-16 Budget Act and AB 103  
            (Budget Bill) transferred funds from the Driver Training  
            Penalty Assessment Fund as follows:

          a)  To the Schoolbus Driver Instructor Training in the  
            Department of Education   $1,737,000
          b) To the Corrections Training Fund, $9,800,000
          c) To the  Peace Officers' Training Fund, $14,000,000
          d) To the Victim Witness Assistance Fund, $4,121,000

          The 2016-17 Budget projections are:

          a) To the Schoolbus Driver Instructor Training in the Department  
            of Education   $1,763,000
          b) To the Corrections Training Fund, $9,800,000
          c) To the  Peace Officers' Training Fund, $11,000,000
          d) To the Victim Witness Assistance Fund, $4,121,000
          e) To the Traumatic Brain Injury Fund, $360,000
          5)Argument in Support:  According to The League of California  
            Cities, "This measure will require the Board of State and  
            Community Corrections (BSCC) to develop a grant program to  
            fund the acquisition for local law enforcement personnel of  
            body cameras and related data storage and equipment. This  
            measure also creates a special fund, entitled the Body-worn  
            Camera Fund, from which monies will be continuously  
            appropriated for use by the BSCC in operating the grant  
            program.

          "Monies from the Driver Penalty Assessment Fund will be used to  
            fund this program. This measure is progressive in nature in  
            that it avoids both any direct impact on the State General  
            Fund, as well as any mandate on local agencies, which will be  
            free to apply to the BSCC on a voluntary basis for funds to  
            acquire body cameras. 

          "AB 1860 seeks to take advantage of a three-year federal  
            allocation of $263 million that will be available in the form  
            of matching funds to state and local governments that purchase  
            body cameras."

          6)Argument in Opposition:  According to The Electronic Frontier  








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            Foundation, "EFF believes police body-worn cameras may be  
            useful in protecting civil liberties, but only if they are  
            adopted with robust community input and used in line with a  
            policy that ensures the cameras promote transparency and  
            accountability of police action.  

          "We therefore urge that, before authorizing a funding mechanism  
            to expand their availability to law enforcement agencies, you  
            amend your bill to require that potential grantees obtain  
            robust community input prior to submitting funding or other  
            acquisition requests or applications.  Furthermore, we urge  
            you to amend your bill to require that potential grantees  
            adopt policies that address the many constitutional and other  
            concerns associated with the use of body-worn cameras,  
            including appropriate limits on data collection, data  
            retention, and dissemination to other agencies.  

          "First, police body-worn cameras monitor and record parts of an  
            officer's field of vision. As a result, they frequently  
            capture the activities of civilians who are not suspected of  
            any involvement in a criminal act, effectively placing the  
            public at large under new forms of potentially constant visual  
            surveillance. Indiscriminate surveillance has always raised  
            serious Fourth Amendment issues as well as privacy issues  
            under Art. I., § 1 of the California Constitution.  

          "Second, the rationale for encouraging law enforcement use of  
            body-worn cameras is to make police behavior more accountable  
            to the public. Such accountability requires at least the  
            limited disclosure of footage from body-worn cameras, for  
            which the proposed measure includes no provision.  EFF  
            believes that civilians must have appropriate access to such  
            footage.

          "Conversely, to the extent local laws and regulations allow them  
            to do so, police officers may be able to edit or suppress  
            footage of incidents revealing potential abuses-or,  
            alternatively, not to record those incidents in the first  
            instance. Any legislation or program enabling such  
            surveillance must address these transparency and  
            accountability concerns about body-worn cameras, or run the  
            risk of creating a solution worse than the problem it was  








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            enacted to address.

          "Finally, rules governing the disclosure of footage from police  
            body-worn cameras are not only problematic when unspecified,  
            but also raise profound privacy concerns for individuals  
            depicted in body camera footage, including victims and  
            witnesses of crime. Reasonable witnesses may refrain from  
            sharing their observations with police officers if such  
            concerns are not addressed.  

          "These are difficult issues, to be sure.  But the state already  
            requires government policies for surveillance technologies  
            like automated license-plate recognition systems and Stingrays  
            (SB 34, SB 741).  Moreover, if the state funds acquisition or  
            use of police body-worn cameras, it should not and cannot  
            disclaim responsibility for their use.  

          "In sum, police body-worn cameras present serious issues that  
            must be addressed prior to the creation of any grant program,  
            including concerns regarding their constitutionality, their  
            efficacy, the standards governing the disclosure of body  
            camera footage, the privacy of Californians who appear in  
            videos, and public safety. As currently written, AB 1860 does  
            not address these critical interests at all, let alone strike  
            a defensible balance among them."

          7)Related Legislation: 

             a)   AB 1957 (Quirk), would require a state or local law  
               enforcement agency to make available, upon request, footage  
               from a law enforcement body-worn camera 60 days after the  
               commencement of an investigation into misconduct that uses  
               or involves that footage. AB 1957 is awaiting hearing in  
               the Assembly Judiciary Committee.

             b)   AB 1940 (Cooper), would exempt body-worn camera  
               recordings that depict the use of force resulting in  
               serious injury or death from public disclosure pursuant to  
               the act unless a judicial determination is made, after the  
               adjudication of any civil or criminal proceeding related to  
               the use of force incident, that the interest in public  
               disclosure outweighs the need to protect the individual  








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               right to privacy.  AB 1940 is awaiting hearing in this  
               committee.

             c)   AB 65 (Alejo), would have required BSCC to develop a  
               grant program to make funds available to local law  
               enforcement entities to purchase body-worn cameras and  
               related data storage and equipment, and to hire personnel  
               necessary to operate a local body-worn camera program. AB  
               65 would have created the Body-worn Camera Fund, that would  
               continuously appropriate funds to the board for those  
               purposes.  AB 65 was held in the Assembly Appropriations  
               Committee.

             d)   AB 66 (Weber), would state the intent of the Legislature  
               to enact legislation to require local police departments  
               that utilize police body-worn cameras to follow specified  
               procedures.  AB 66 was held in the Assembly Appropriations  
               Committee.

             e)   SB 175 (Huff), would require each department or agency  
               that employs peace officers and that elects to require  
               those peace officers to wear body-worn cameras to develop a  
               policy relating to the use of body-worn cameras. SB 175  
               would require the policy to be developed in collaboration  
               with nonsupervisory officers and to include certain  
               provisions, including, among others, the duration, time,  
               and place when body-worn cameras shall be worn and  
                                                                              operational. SB 175 is on the Assembly Inactive File.

          8)Prior Legislation:  

             a)   AB 69 (Rodriguez), Chapter 461, Statutes of 2015,  
               Requires law enforcement agencies to consider specified  
               best practices when establishing policies and procedures  
               for downloading and storing data from body-worn cameras,  
               including, among other things, prohibiting the unauthorized  
               use, duplication, or distribution of the data, and  
               establishing storage periods for evidentiary and  
               nonevidentiary data, as defined.

             b)   AB 790 (Karnette), of the 2007-2008 Legislative Session,  
               would have redirected 4% of funds from the Driver Training  








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               Penalty Assessment Fund and allocated that money to the  
               Department of Justice to be used to support the California  
               Witness Protection Program.  AB 790 was held in the  
               Assembly Appropriations Committee Suspense File.

             c)   SB 1761 (Poochigian), of the 2005-2006 Legislative  
               Session, would have changed the percentage of money that is  
               deposited into each of the funds in the State Penalty Fund,  
               and would have created the Child Advocacy Center Fund, into  
               which 4.97% of state penalty funds in the State Penalty  
               Fund would be deposited monthly.  SB 1761 was held in the  
               Senate Appropriations Committee Suspense File.

             d)   AB 204 (Lowenthal), of the 2001-2002 Legislative  
               Session, would have required all funds transferred to the  
               Driver Penalty Assessment Fund, which would otherwise be  
               transferred to the General Fund, be appropriated on an  
               annual basis to the State Department of Education for the  
               purposes of providing driver training instruction in the  
               public schools.  AB 204 was held in the held in the  
               Assembly Appropriations Committee Suspense File.

          REGISTERED SUPPORT / OPPOSITION:

          Support

          California Peace Officers' Association
          League of California Cities
          Peace Officers Research Association of California

          Opposition
          
          Electronic Frontier Foundation  

          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744














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