AB 1940, as amended, Cooper. Peace officers: body-worn cameras: policies and procedures.
Existing 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.
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
begin delete operational and the availability of the policy to peace officers and members of the public.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
Section 832.19 is added to the Penal Code, to
(a) (1) If a law enforcement agency, department, or
4entity that employs peace officers uses body-worn cameras for
5those officers, the agency, department, or entity shall develop a
6policy relating to the use of body-worn cameras.
7(2) The following definitions shall apply to this section:
8(A) “Body-worn camera” means a device attached to the uniform
9or body of a peace officer that records video, audio, or both, in a
10digital or analog format.
11(B) “Peace officer” means any person designated as a peace
12officer pursuant to this chapter.
9(b) (1) The policy shall allow a peace officer to review his or
10her body-worn camera video and audio recordings before he or
11she makes a report, is ordered to give an internal affairs statement,
12or before any criminal or civil proceeding.
13(2) A peace officer is not required to review his or her
14body-worn camera video and audio recordings before making a
15report, giving an internal affairs statement, or before any criminal
16or civil proceeding.
35(c) The policy shall be developed in accordance with the
36Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
373500) of Division 4 of Title 1 of the Government Code) and the
38Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512)
39of 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 written
28(11) The policy may be available to the public for viewing.end delete