BILL NUMBER: AB 1957	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 12, 2016

   An act  to add Section 6254.31 to the Government Code, 
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.  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. 
   This bill would  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.   impose a state   -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.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 6254.31 is added to the 
 Government Code  , to read:  
   6254.31.  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. 
   SEC. 2.    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. 
  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.