BILL NUMBER: AB 1957	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2016
	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  impose a state-mandated local program by
requiring   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 require  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 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. 

   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.  
   By increasing the duties of local law enforcement, this bill would
impose a state-mandated local program.  
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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   (a)  
  Before the end of the business day following the date on
which the incident occurs, the governing body of the law enforcement
agency, in closed session, shall review the footage from a body-worn
camera when the officer is involved in an incident that results in
great bodily harm or death.  
   (b) If, after reviewing the footage as required in subdivision
(a), there is an investigation that leads to an indictment, the judge
shall review the body-worn camera footage and determine the release
protocol, including, but not limited to, whether the footage is
released, to whom, and if redaction is required. 
    (c)     Except as provided in subdivision
(d), 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. 
   (d) Footage of body-worn cameras 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 shall not be released
for public viewing.  
  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. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs because, in that regard, 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.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.