BILL ANALYSIS Ó AB 1957 Page 1 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 Page 2 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 AB 1957 Page 3 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 AB 1957 Page 4 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 AB 1957 Page 5 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 AB 1957 Page 6 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. AB 1957 Page 7 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 Page 8