BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1957


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          Date of Hearing:  May 25, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1957 (Quirk) - As Amended May 18, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill allows a local governing body to review body-worn  
          camera (BWC) footage of an officer-involved incident resulting  
          in death or great bodily injury the day after the incident  
          occurs.  This bill allows the public access to the footage 60  
          days after the commencement of an investigation, but only if the  
          investigation does not result in charges of misconduct against  
          the officer.  Footage that relates to domestic violence, crimes  








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          against minors, and statements of a witness at the scene of a  
          crime may not be released unless these portions can be redacted.  
           


          FISCAL EFFECT:


          No state cost. 


          Significant cost to local agencies that provide body-worn  
          cameras to their peace officers.  These requirements apply only  
          if the agency uses body-worn cameras.  Furthermore, public  
          disclosure required by AB 1957 falls under the public access  
          provision of, Section 3, Article I of the California  
          Constitution, thus costs associated with these provisions are  
          not reimbursable. 


          COMMENTS:


          1)Background. As a result of a string of well-publicized  
            incidents involving the use of force by law enforcement  
            officers against African-American men, beginning with the  
            shooting of Michael Brown in Ferguson, Missouri on August 9,  
            2014, a public debate has emerged over the use of BWCs by  
            peace officers.  According to the National Conference of State  
            Legislatures, there are no fewer than 30 states currently  
            considering some form of legislation on the topic.


            A BWC is a small video camera - typically attached to an  
            officer's clothing, helmet or sunglasses - that can capture,  
            from an officer's point of view, video and audio recordings of  
            activities, including traffic stops, arrests, searches,  
            interrogations, and critical incidents such as  
            officer-involved shootings or serious use of force. 








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            In addition to general policy debates about the relative  
            merits and effectiveness of BWCs, when and how they should be  
            used, and whether they will foster trust or distrust among the  
            community, one important issue concerns whether footage  
            obtained from BWCs should be treated as a "public record" open  
            to public inspection, or whether the footage raises unique  
            privacy and safety issues that would justify some constraints  
            on public disclosure of the footage.





          2)Purpose.  According to the author, "Body worn cameras have  
            many benefits. A 2013 University of Cambridge study found that  
            when police wear body cameras, both police and respondents are  
            less likely to use violence. The study indicated a drop in use  
            of force by more than 50 percent. Body cameras could thus make  
            the streets safer for both officers and the general public.  
            Body worn footage can improve the public's view of policing.



          "California has an untiring commitment to fairness, civil  
            rights, community policing, transparency, and justice; AB 1957  
            seeks to adopt the best practices for release of images  
            captured by the use of police body-worn cameras in this  
            state."
            AB 1957 attempts to balance the public's interest in access  
            with the competing privacy interests of persons depicted in  
            the footage.  This bill would create an exception to the  
            investigative-records exemption of the Public Records Act.  
            This bill would allow body camera footage depicting an  
            officer-involved use of force involving great bodily injury or  
            death which has resulted in an investigation of misconduct to  
            be made available to the public under the California Public  
            Records Act, 60 days after the investigation commences, if the  








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            investigation does not result in charges of misconduct.   
            However, there appears to be some ambiguity in this bill; it  
            provides that the governing body of the law enforcement agency  
            may review footage by close of business the day after the  
            incident.  It is not clear if such a meeting would be exempt  
            from the Brown Act - the law which guarantees the public's  
            right to attend and participate in meetings of local  
            legislative bodies - and whether notification requirements of  
            such meetings are waived.  


          3)Related legislation.  AB 2533 (Santiago), passed by this  
            Committee on May 5, 2016, requires that a public safety  
            officer be given a minimum of three business days' notice  
            before any audio or video data of the officer that was  
            recorded by the officer may be publicly released by the  
            department or other public agency on the Internet.  


            AB 1940 (Cooper), passed by this Committee on May 18, 2016,  
            requires law enforcement agencies, departments or entities to  
            develop a policy for peace officer use of BWCs, makes that  
            policy subject to collective bargaining, and requires that the  
            policy allow a peace officer to review camera footage before  
            making a report or statement.  A peace officer involved in a  
            serious use of force, as defined, may not review the recording  
            until accompanied by an assigned investigator or supervisor.


            AB 2611 (Low), pending in the Assembly, exempts from  
            disclosure under the California Public Records Act (CPRA) any  
            visual or audio recording of another that depicts death or  
            serious bodily injury in such a morbid and sensational manner  
            that the content is highly offensive to a reasonable person,  
            and any public interest or law enforcement purpose for  
            disclosure is clearly outweighed by the public interest in  
            nondisclosure, and any recording of the death of a peace  
            officer, unless authorized by his or her family. 









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          4)Previous legislation.  AB 66 (Weber) would have imposed  
            specified requirements on a law enforcement agency that  
            requires its officers to use BWCs, including a requirement  
            that the policies and procedures being posted online, that  
            peace officers be banned from making personal copies of video  
            footage, that officers be allowed to review their own footage  
            before making an initial statement and report, and exempt  
            footage depicting sexual or domestic violence victims from  
            public disclosure.  This bill was held in this Committee's  
            Suspense file. 


            AB 69 (Rodriguez), Chapter 461, Statutes of 2015, requires law  
            enforcement agencies to consider specified best practices when  
            establishing policies and procedures for downloading and  
            storing data from BWCs.


            AB 1246 (Quirk), held in Assembly Public Safety, would have  
            prohibited the disclosure of a recording made by a BWC, except  
            to the person whose image is recorded by the BWC.  





            SB 175 (Huff), currently inactive on the Assembly floor,  
            requires each department or agency that employs peace officers  
            and elects to require those peace officers to wear BWCs to  
            develop a policy relating to their use of body-worn cameras.  





            SB 195 (Anderson), held in Senate Rules, would have stated the  
            intent of the Legislature to enact legislation that protects  
            the privacy of individuals recorded by BWCs utilized by law  








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            enforcement officers and the privacy of the officers wearing  
            these cameras.


              


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081