Amended in Assembly May 3, 2016

Amended in Assembly April 14, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1940


Introduced by Assembly Member Cooper

February 12, 2016


An act to add Section 832.19 to the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

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 isbegin delete operational and the availability of the policy to peace officers and members of the public.end deletebegin insert operational. The bill would require the policy to be available to peace officers and to the public for viewing. The bill would prohibit a peace officer from using a personal device to make an unauthorized recording of the video or audio taken from a body-worn camera. The bill would also require a law enforcement agency to have an assigned independent investigator or a supervisor accompany a peace officer involved in an incident involving a serious use of force, as defined, when reviewing the peace officer’s body-worn camera recording. Because this bill would impose new duties on the conduct of local law enforcement, it would impose a state-mandated local program.end insert

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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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 832.19 is added to the Penal Code, to
2read:

3

832.19.  

(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.

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(C) “Serious use of force” means any of the following:

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(i) Force resulting in death.

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(ii) Force resulting in a loss of consciousness.

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(iii) Force resulting in protracted loss, impairment, serious
5disfigurement, or function of any body part or organ.

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(iv) A weapon strike to the head.

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(v) Intentional firearm discharge at a person, regardless of
8injury.

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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.

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(3) A peace officer involved in an incident involving a serious
18use of force shall not review his or her body-worn camera
19recording until accompanied by an assigned independent
20investigator or a supervisor. The separating and monitoring of
21the peace officer involved in a serious use of force shall be
22maintained during the review of the body-worn camera video and
23audio recordings and this review shall not occur jointly among
24involved employees. Once the recordings are approved, as to the
25validity of the body-worn camera recordings and any other relevant
26recordings are also approved as their validity, an officer may have
27a legal representative present during the review of the recordings
28without the independently assigned investigator or supervisor
29present, before the peace officer makes a report, is ordered to give
30an internal affairs statement, or before any criminal or civil
31proceeding.

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32
(4) The policy shall be available to all peace officers in a written
33form.

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(5) The policy shall be available to the public for viewing.

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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.

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

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

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29
(e) A peace officer shall not use a personal device to make an
30unauthorized recording of the video or audio taken from a
31body-worn camera.

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If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.

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