BILL NUMBER: AB 1957	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2016
	AMENDED IN ASSEMBLY  APRIL 14, 2016
	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 authorize the governing board of a law enforcement
agency, in closed session, to review the footage from a body-worn
camera when  an   a peace  officer  who
was wearing the camera  is involved in an incident that results
in great bodily injury or  death.   death of a
person other than the peace officer.  The bill would require the
judge, if there is a prosecution  of the peace officer 
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  a misconduct
allegation   an allegation of misconduct by the peace
officer  based on use of force resulting in great bodily injury
or  death.   death of a person other than the
peace officer.  The bill would also prohibit the public release
of footage that relates to crimes of domestic  violence or
  violence,  crimes that include  minors
  minors,  or that includes statements of a witness
at the scene of a  crime.   crime, subject to a
specified exception. 
   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. 
   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.  
   This bill would make legislative findings to that effect. 
   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  peace  officer  who was
wearing the camera  is involved in an incident that results in
great bodily injury or  death.   the death of a
person other than the peace officer. 
   (b) If, after reviewing the footage as  required 
 authorized  in subdivision (a), there is an investigation
that leads to  prosecution,  prosecution of the
peace officer,  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  a   an allegation of  misconduct
 allegation   by the peace officer  based
on use of force resulting in great bodily injury or death  of a
person other than the peace officer  depicted in the footage.
 This subdivision shall only apply where the investigation does
not result in charges of misconduct against the officer. 
   (d) Footage of body-worn cameras that relates to crimes of
domestic  violence or   violence,  crimes
that include  minors   minors,  or that
includes statements of a witness at the scene of a crime shall not be
released for public  viewing.   viewing if the
public interest in non   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. 
  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.
   SEC. 3.    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: 

   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.