Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1957

Introduced by Assembly Member Quirk

February 12, 2016

An act begin insert to add Section 6254.31 to the Government Code, end insert relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1957, as amended, Quirk. Public records: body-worn cameras.

The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law. begin insert Existing law exempts from the disclosure requirements records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, law enforcement agencies, including the Attorney General and state or local police agencies. end insert

This bill would begin delete state the intent of the Legislature to enact legislation to revise the act so that images captured by body-worn cameras of peace officers depicting use of force or death are released to the public if it is determined that the interest in public disclosure outweighs the need to protect the individual right to privacy. end delete begin insert impose a state end insert begin insert -mandated local program by requiring 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. 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 no reimbursement is required by this act for a specified reason.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 6254.31 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 6254.31. end insert   

Notwithstanding Section 6254, a state or local law
enforcement agency shall make available, upon request pursuant
to this chapter, footage from a law enforcement body-worn camera
60 days after the commencement of an investigation into
misconduct that uses or involves that footage.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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

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begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to revise the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of
the Government Code) so that images captured by body-worn
cameras of peace officers depicting use of force or death are
released to the public if it is determined that the interest in public
disclosure outweighs the need to protect the individual right to
privacy.

end delete