BILL ANALYSIS Ó
AB 1957
Page 1
ASSEMBLY THIRD READING
AB
1957 (Quirk)
As Amended May 18, 2016
Majority vote
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|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 | |
| | | | |
| | | | |
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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
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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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