BILL ANALYSIS Ó AB 1860 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1860 (Alejo) - As Amended March 17, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|6 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 1860 Page 2 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 AB 1860 Page 3 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." AB 1860 Page 4 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. AB 1860 Page 5 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. AB 1860 Page 6 Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081