Amended in Assembly April 25, 2016

Amended in Assembly April 14, 2016

Amended in Assembly April 6, 2016

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 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 authorize the governing board of a law enforcement agency, in closed session, to review the footage from a body-worn camera when begin delete an end delete begin insert a peace end insert officer begin insert who was wearing the camera end insert is involved in an incident that results in great bodily injury or begin delete death. end delete begin insert death of a person other than the peace officer. end insert The bill would require the judge, if there is a prosecution begin insert of the peace officer end insert 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 begin delete a misconduct allegation end delete begin insert an allegation of misconduct by the peace officer end insert based on use of force resulting in great bodily injury or begin delete death. end delete begin insert death of a person other than the peace officer. end insert The bill would also prohibit the public release of footage that relates to crimes of domestic begin delete violence or end delete begin insert violence, end insert crimes that include begin delete minors end delete begin insert minors, end insert or that includes statements of a witness at the scene of a begin delete crime. end delete begin insert crime, subject to a specified exception. end insert

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.

begin insert

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

end insert begin insert

This bill would make legislative findings to that effect.

end insert

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.  

(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, may review the footage
from a body-worn camera when the begin insert peace end insert officer begin insert who was wearing
the camera end insert is involved in an incident that results in great bodily
injury or begin delete death. end delete begin insert the death of a person other than the peace officer. end insert

(b) If, after reviewing the footage as begin delete required end delete begin insert authorized end insert in
subdivision (a), there is an investigation that leads to begin delete prosecution, end delete
begin insert prosecution of the peace officer, end insert 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 begin delete a end delete begin insert an allegation of end insert
misconduct begin delete allegation end delete begin insert by the peace officer end insert based on use of force
resulting in great bodily injury or death begin insert of a person other than the
peace officer end insert depicted in the footage. begin insert This subdivision shall only
apply where the investigation does not result in charges of
misconduct against the officer. end insert

(d) Footage of body-worn cameras that relates to crimes of
domestic begin delete violence or end delete begin insert violence, end insert crimes that include begin delete minors end delete begin insert minors, end insert
or that includes statements of a witness at the scene of a crime
shall not be released for public begin delete viewing. end delete begin insert viewing if the public
interest in non end insert begin insert disclosure, or the privacy interests of any person
depicted in the footage clearly outweighs the public interest in
disclosure and it is not feasible to redact the portion of the
recording that shows domestic violence, minors, or statements of
a witness from the footage. end insert

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.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

The Legislature finds and declares that Section 1 of
this act, which adds Section 6254.31 to the Government Code,
furthers, within the meaning of paragraph (7) of subdivision (b)
of Section 3 of Article I of the California Constitution, the purposes
of that constitutional section as it relates to the right of public
access to the meetings of local public bodies or the writings of
local public officials and local agencies. Pursuant to paragraph
(7) of subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:

end insert begin insert

By expanding public access to footage obtained from a law
enforcement body-worn camera, this bill furthers the purpose of
paragraph (7) of subdivision (b) of Section 3 of Article I of the
California Constitution.

end insert