Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1940


Introduced by Assembly Member Cooper

February 12, 2016


An actbegin insert to add Section 6254.31 to the Government Code, and to add Section 832.19 to the Penal Code,end insert relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1940, as amended, Cooper. Peace officers: body-worn cameras: policies and procedures.

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Existing

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begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law requires law enforcement agencies, departments, or entities to consider specified best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, such as designating the person responsible for downloading the recorded data from the body-worn camera, and establishing when data should be downloaded to ensure the data is entered into the system in a timely manner and the cameras are properly maintained and ready for the next use.

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This bill would require a law enforcement agency, department, or entity, if it employs peace officers and uses body-worn cameras for those officers, to develop a body-worn camera policy. The bill would require the policy to allow a peace officer to review his or her body-worn camera video and audio recordings before making a report, giving an internal affairs statement, or before any criminal or civil proceeding. The bill would encourage the law enforcement agency, department, or entity to include specified considerations in the policy, including the time, place, circumstances, and duration in which the body-worn camera is operational and the availability of the policy to peace officers and members of the public.

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(2) Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies.

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This bill 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 right to privacy.

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(3) 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.

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This bill would make legislative findings to that effect.

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(4) 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.

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This bill would make legislative findings to that effect.

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(5) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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This bill would state the intent of the Legislature to enact legislation to establish policies and procedures to address issues related to peace officers’ use of body-worn cameras.

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Vote: 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:

P3    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 6254.31 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

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3

begin insert6254.31.end insert  

(a) A visual or audio recording made by a peace
4officer’s body-worn camera during the performance of his or her
5duties that depicts use of force resulting in serious injury or death
6is confidential and shall not be disclosed to any member of the
7public pursuant to this chapter unless it is determined that the
8interest in public disclosure outweighs the need to protect the
9individual right to privacy.

10(b) This determination is subject to a judicial order that shall
11only occur after the adjudication of any civil or criminal
12proceeding related to the use of force incident involving the peace
13officer.

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14begin insert

begin insertSEC. 2.end insert  

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begin insertSection 832.19 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

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15

begin insert832.19.end insert  

(a) (1) If a law enforcement agency, department, or
16entity that employs peace officers uses body-worn cameras for
17those officers, the agency, department, or entity shall develop a
18policy relating to the use of body-worn cameras.

19(2) The following definitions shall apply to this section:

20(A) “Body-worn camera” means a device attached to the
21uniform or body of a peace officer that records video, audio, or
22both, in a digital or analog format.

23(B) “Peace officer” means any person designated as a peace
24officer pursuant to this chapter.

25(b) (1) The policy shall allow a peace officer to review his or
26her body-worn camera video and audio recordings before he or
27she makes a report, is ordered to give an internal affairs statement,
28or before any criminal or civil proceeding.

29(2) A peace officer is not required to review his or her
30body-worn camera video and audio recordings before making a
31report, giving an internal affairs statement, or before any criminal
32or civil proceeding.

33(c) The policy shall be developed in accordance with the
34Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
353500) of Division 4 of Title 1 of the Government Code) and the
36Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512)
37of Division 4 of Title 1 of the Government Code).

P4    1(d) In developing the policy, law enforcement agencies,
2departments, or entities are encouraged to include the following
3in the policy:

4(1) The time, place, circumstances, and duration in which the
5body-worn camera shall be operational.

6(2) Which peace officers shall wear the body-worn camera and
7when they shall wear it.

8(3) Prohibitions against the use of body-worn camera equipment
9and footage in specified circumstances, such as when the peace
10officer is off-duty.

11(4) The type of training and length of training required for
12body-worn camera usage.

13(5) Public notification of field use of body-worn cameras,
14including the circumstances in which citizens are to be notified
15that they are being recorded.

16(6) The manner in which to document a citizen’s refusal from
17being recorded under certain circumstances.

18(7) The use of body-worn camera video and audio recordings
19in internal affairs cases.

20(8) The use of body-worn camera video and audio recordings
21in criminal and civil case preparation and testimony.

22(9) The transfer and use of body-worn camera video and audio
23recordings to other law enforcement agencies, including
24establishing what constitutes a need-to-know basis and what
25constitutes a right-to-know basis.

26(10) The policy may be available to all peace officers in a
27written form.

28(11) The policy may be available to the public for viewing.

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29begin insert

begin insertSEC. 3.end insert  

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The Legislature finds and declares that Section 1 of
30this act, which adds Section 6254.31 to the Government Code,
31imposes a limitation on the public’s right of access to the meetings
32of public bodies or the writings of public officials and agencies
33within the meaning of Section 3 of Article I of the California
34Constitution. Pursuant to that constitutional provision, the
35Legislature makes the following findings to demonstrate the interest
36protected by this limitation and the need for protecting that
37interest:

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38The need to protect individual privacy and the credibility and
39integrity of official ongoing investigations and those persons
40subject to those investigations from the public disclosure of video
P5    1and audio recordings captured by a body-worn camera outweighs
2the interest in the public disclosure of that information.

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3begin insert

begin insertSEC. 4.end insert  

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The Legislature finds and declares that Section 1 of
4this act, which adds Section 6254.31 to the Government Code,
5furthers, within the meaning of paragraph (7) of subdivision (b)
6of Section 3 of Article I of the California Constitution, the purposes
7of that constitutional section as it relates to the right of public
8access to the meetings of local public bodies or the writings of
9local public officials and local agencies. Pursuant to paragraph
10(7) of subdivision (b) of Section 3 of Article I of the California
11Constitution, the Legislature makes the following findings:

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12Protecting the privacy of a person whose image is captured by
13a peace officer’s body-worn camera enhances public safety, the
14protection of individual rights, and the credibility and integrity of
15official ongoing investigations and those persons subject to those
16investigations, thereby furthering the purposes of Section 3 of
17Article I of the California Constitution.

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18begin insert

begin insertSEC. 5.end insert  

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No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district under this act would result from a legislative mandate that
22is within the scope of paragraph (7) of subdivision (b) of Section
233 of Article I of the California Constitution.

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24

SECTION 1.  

It is the intent of the Legislature to enact
25legislation to establish policies and procedures to address issues
26related to peace officers’ use of body-worn cameras.

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