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 wouldbegin delete impose a state-mandated local program by requiringend deletebegin insert
require the governing board of the law enforcement agency, in closed session, to review the footage from a body-worn camera when an officer is involved in an incident that results in great bodily harm or death. The bill would require the judge, if there is an indictment after an investigation, to determine the protocol for release of the footage from a body-worn camera. The bill would requireend insert 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.begin insert The bill would also prohibit the public release of footage that relates to crimes of domestic violence or crimes that include minors or that includes statements of a witness at the scene of a crime.end insert
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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteBy increasing the duties of local law enforcement, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6254.31 is added to the Government
2Code, to read:
begin deleteNotwithstanding end deletebegin insert(a)end insertbegin insert end insertbegin insertBefore the end of the business
4day following the date on which the incident occurs, the governing
5body of the law enforcement agency, in closed session, shall review
6the footage from a body-worn camera when the officer is involved
7in an incident that results in great bodily harm or death.end insert
8
(b) If, after reviewing the footage as required in subdivision
9
(a), there is an investigation that leads to an indictment, the judge
10shall review the body-worn camera footage and determine the
P3 1release protocol, including, but not limited to, whether the footage
2is released, to whom, and if redaction is required.
3begin insert(c)end insertbegin insert end insertbegin insertExcept as provided in subdivision (d), notwithstandingend insert
4 Section 6254, a state or local law enforcement agency shall make
5available, upon request pursuant to this chapter, footage from a
6law enforcement body-worn camera 60 days after the
7commencement of an investigation into misconduct that uses or
8involves that footage.
9
(d) Footage of body-worn cameras that relates to crimes of
10domestic violence or crimes that include minors or that includes
11statements of a witness at the scene of a crime shall not be released
12for public viewing.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district under this act would result from a legislative mandate that
17is within the scope of paragraph (7) of subdivision (b) of Section
183 of Article I of the California Constitution.
No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution for certain
21costs because, in that regard, the only costs that may be incurred
22by a local agency or school district under this act would result
23from a legislative mandate that is within the scope of paragraph
24(7) of subdivision (b) of Section 3 of Article I of the California
25Constitution.
26
However, if the Commission on State Mandates determines that
27this act contains other costs mandated by the state, reimbursement
28to local agencies and
school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
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