BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1860


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          Date of Hearing:   May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


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


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires the Board of State and Community Corrections  
          (BSCC) to develop a grant program for body-worn cameras.  
          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  








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            to hire personnel necessary to operate a local body-worn  
            camera program.



          2)Deletes the transfer requirement from the Penalty Fund to the  
            Driver Training Penalty Assessment Fund (DTPAF) and repeals  
            this fund and instead requires a transfer to the newly  
            created, continuously appropriated, Body-worn Camera Fund  
            (BCF).

          FISCAL EFFECT:


          GF cost of $25 -$30 million to backfill DTF appropriations to  
          various state agencies. The Governor's 2017-17 proposed budget  
          includes, in addition to a $1.7 million appropriation to the  
          Department of Education, the following transfers from the DTF:


             a)   To the Corrections Training Fund, $9,800,000
             b)   To the  Peace Officers' Training Fund, $11,000,000


             c)   To the Victim Witness Assistance Fund, $4,121,000


             d)   To the Traumatic Brain Injury Fund, $360,000





          COMMENTS


          










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          1)Background/Purpose.   Under current law, once a month, 25.70%  
            of the state penalty funds deposited in the State Penalty Fund  
            during the preceding month are transferred into the Driver  
            Training Penalty Assessment Fund.  AB 1860 redirects these  
            funds to the newly created BCF, and the funds are continuously  
            appropriated to the BSCC for grants to local law enforcement  
            agencies to finance body-worn cameras.   



            According to the author, videos of police officers'  
            interactions with the public will help create accountability  
            and evidence in domestic violence cases or traffic accidents.  
            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. 





          2)Support.  According to The League of California Cities, "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."



          3)Opposition.   According to The Electronic Frontier Foundation,  
            "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."









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          4)Related Legislation: 

             a)   AB 1957 (Quirk), requires 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  
               this Committee.

             b)   AB 1940 (Cooper), exempts 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 right to  
               privacy.  AB 1940 is awaiting hearing in this committee.

             c)   AB 65 (Alejo), which was very similar to this bill, was  
               held in this Committee's Suspense file.

             d)   AB 66 (Weber), would have stated 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 this Committee's  
               suspense file.

             e)   SB 175 (Huff), would have required 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 have required 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 was held in this Committee's suspense  
               file.








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          1) 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  
               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 this  
               Committee's 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 this Committee's  
               Suspense file.












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          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081