BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1957


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          ASSEMBLY THIRD READING


          AB  
          1957 (Quirk)


          As Amended  May 18, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |4-1  |Jones-Sawyer, Lopez,  |Melendez            |
          |                |     |Quirk, Santiago       |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |8-2  |Mark Stone, Alejo,    |Wagner, Gallagher   |
          |                |     |Chau, Chiu, Cristina  |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Maienschein, Ting     |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |13-7 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |McCarty, Bonta,       |Gallagher, Roger    |
          |                |     |Calderon, Daly,       |Hernández, Jones,   |
          |                |     |Eggman, Eduardo       |Obernolte, Wagner   |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 








                                                                    AB 1957


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          SUMMARY:  Provides a set of procedures for disclosing footage  
          from a law enforcement officer's body-worn camera.   
          Specifically, this bill: 


          1)Allows, 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, to review the footage  
            from a body-worn camera when the peace officer who was wearing  
            the camera is involved in, or was a witness to, an incident  
            that results in great bodily injury or death of a person other  
            than the peace officer.


          2)Provides that, if there is an investigation that leads to  
            prosecution of the peace officer based on the officer's use of  
            force which resulted in great bodily or death of a person  
            other than the officer, a judge shall review the body-worn  
            camera footage and determine a release protocol, including,  
            but not limited to, whether the footage is released, to whom,  
            and if redaction is required.


          3)Provides that, if there is not an investigation into an  
            allegation of misconduct by the peace officer, or if an  
            investigation does not lead to criminal prosecution of an  
            officer within 60 days of the start of the investigation, a  
            state or local law enforcement agency employing the officer  
            must disclose footage from a body-worn camera, upon request,  
            within 60 days after the commencement of an investigation. 


          4)Provides that footage of body-worn cameras that relate to  
            crimes of domestic violence, crimes that include minors, or  
            that include statements of a witness at the scene of a crime  
            shall not be released for public viewing if the public  
            interest in non-disclosure, or the privacy interests of any  








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            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.


          5)Contains findings and declarations regarding the right of  
            public access to meetings of local legislative bodies and how  
            the expansion of public access to body camera footage furthers  
            this purpose.


          EXISTING LAW:  


          1)Establishes the California Public Records Act and provides  
            that the Legislature, mindful of the right of individuals to  
            privacy, finds and declares that access to information  
            concerning the conduct of the people's business is a  
            fundamental and necessary right of every person in this state.  
             


          2)Defines "public records" as "any writing containing  
            information relating to the conduct of the public's business  
            prepared, owned, used, or retained by any state or local  
            agency regardless of physical form or characteristics."   
            "Writing" means "any handwriting, typewriting, printing,  
            photostating, photographing, photocopying, transmitting by  
            electronic mail or facsimile, and every other means of  
            recording upon any tangible thing any form of communication or  
            representation, including letters, words, pictures, sounds, or  
            symbols, or combinations thereof, and any record thereby  
            created, regardless of the manner in which the record has been  
            stored."   


          3)Makes public records open to inspection at all times during  
            the office hours of the state or local agency.  Every person  








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            has a right to inspect any public record, except as hereafter  
            provided.  Any reasonably segregable portion of a record shall  
            be available for inspection by any person requesting the  
            record after deletion of the portions that are exempted by  
            law.  


          4)Provides that, except with respect to public records exempt  
            from disclosure by express provisions of law, each state or  
            local agency, upon a request for a copy of records that  
            reasonably describes an identifiable record or records, shall  
            make the records promptly available to any person upon payment  
            of fees covering direct costs of duplication, or a statutory  
            fee if applicable.  Upon request, an exact copy shall be  
            provided unless impracticable to do so.  


          5)Requires the public agency, when a member of the public  
            requests to inspect a public record or obtain a copy of a  
            public record, in order to assist the member of the public  
            make a focused and effective request that reasonably describes  
            an identifiable record or records, to do all of the following,  
            to the extent reasonable under the circumstances:


             a)   Assist the member of the public to identify records and  
               information that are responsive to the request or to the  
               purpose of the request, if stated;
             b)   Describe the information technology and physical  
               location in which the records exist; and


             c)   Provide suggestions for overcoming any practical basis  
               for denying access to the records or information sought. 


          6)States that the above provision does not apply when the public  
            agency determines that the request should be denied and bases  
            that determination solely on an exemption listed in Section  








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            6254, as specified.  
          7)States that, except as in other sections of the California  
            Public Records Act, this chapter does not require the  
            disclosure of specified records, which includes among other  
            things:  Records of complaints to, or investigations conducted  
            by specified agencies, including any state or local police  
            agency, or any investigatory or security files compiled by any  
            other state or local police agency, or any investigatory or  
            security files compiled by any other state or local agency for  
            correctional, law enforcement, or licensing purposes.  


          8)Provides, notwithstanding any other law, state and local law  
            enforcement agencies shall make public the following  
            information, except to the extent that disclosure of a  
            particular item of information would endanger the safety of a  
            person involved in an investigation or would endanger the  
            successful completion of the investigation or a related  
            investigation:


             a)   The full name and booking information of all persons  
               arrested;
             b)   Calls for service logs and crime reports, subject to  
               protections for protecting the confidentiality of victims;  
               and,


             c)   The addresses of individuals arrested by the agency and  
               victims of a crime, where the requester declares under  
               penalty of perjury that the request is made for a  
               scholarly, journalistic, political, or governmental  
               purpose, or that the request is made for investigation  
               purposes by a licensed private investigator.  


          9)Requires the agency to justify withholding any record by  
            demonstrating that the record in question is exempt under  
            express provisions of this chapter or that on the facts of the  








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            particular case the public interest served by not disclosing  
            the record clearly outweighs the public interest served by  
            disclosure of the record. 
          10)Authorizes any person to institute proceedings for injunctive  
            or declarative relief or writ of mandate in any court of  
            competent jurisdiction to enforce his or her right to inspect  
            or to receive a copy of any public record or class of public  
            records under this chapter. 


          11)States that peace officer or custodial officer personnel  
            records and records maintained by any state or local agency  
            pursuant to citizens' complaints against personnel are  
            confidential and shall not be disclosed in any criminal or  
            civil proceeding except by discovery.  This section shall not  
            apply to investigations or proceedings concerning the conduct  
            of peace officers or custodial officers, or any agency or  
            department that employ these officers, conducted by a grand  
            jury, a district attorney's office, or the Attorney General's  
            office.  


          12)Provides, notwithstanding the above provision, a department  
            of agency shall release to the complaining party a copy of his  
            or her own statements at the time the complaint is filed. 


          13)States that police "personnel records" include "complaints,  
            or investigations of complaints, concerning an event or  
            transaction in which the officer participated, or which he or  
            she perceived, and pertaining to the manner in which he or she  
            performed his or her duties."  


          FISCAL  
          EFFECT:  According to the Assembly Appropriations Committee, no  
          state cost. 










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          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 this bill falls under the public access  
          provision of California Constitution Article I Section 3, thus  
          costs associated with these provisions are not reimbursable. 


          COMMENTS:  According to the author, "Since 2012, there has been  
          a national outcry of several incidents where law enforcement  
          'use of force' has been questioned in communities throughout the  
          United States.  These incidences, many leading to no indictment,  
          have fractured the relationship between many communities and the  
          law enforcement agencies sworn to protect them.


          "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 a 50%.  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."


          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0003055













                                                                    AB 1957


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