BILL ANALYSIS Ó AB 2533 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2533 (Santiago) - As Amended April 14, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Privacy and Consumer | |10 - 0 | | |Protection | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill 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 2533 Page 2 FISCAL EFFECT: Minor costs, if any, to a local agency to provide the three day notice required. COMMENTS: 1)Purpose/Background. According to the author, "When a public agency, such as a law enforcement department, decides or is ordered by a court to release audio or video from an officer-involved incident, the release of that information may result in threats against the officer or his/her family." "In most cases, it is the officer's responsibility to pursue legal action to prevent immediate disclosure of the audio and/or video. If the officer is receiving threats, this process can create a state of panic as the officer scrambles to find an attorney, complete all the necessary paperwork, and obtain a restraining order before it is released." Video and audio data produced by peace officers with body-worn cameras is considered a public record under the (California Public Records Act) and is therefore subject to disclosure to the public unless otherwise exempt. This bill is intended to give a peace officer three days' advance notice that his or her employer intends to publicly release that officer's body-worn camera footage to the Internet so that the officer can take legal action under existing law to stop the release if he or she believes it would lead to threats or harassment. AB 2533 Page 3 2)Support. According to the sponsor, PORAC, "It is very important to understand that AB 2533 does not expand any law; rather it builds in a procedure to provide predictability and civility to an existing law. ? Officers currently have the right to go to court and file an injunction so that the department cannot release an audio or video recording if there is a true threat to their safety." 3)Related Legislation: a) AB 1940 (Cooper) requires law enforcement agencies that deploy body-worn cameras to develop a policy for their use. AB 1940 will be heard in this Committee later this month. b) AB 1957 (Quirk) requires a law enforcement agency to confidentially review body worn camera footage from serious use of force incidents and requires a judicial determination to set the terms of any public release of such footage, while generally requiring the disclosure of footage 60 days after the commencement of a misconduct investigation and restricting the public disclosure of footage depicting domestic violence victims, minors, or witness statements. AB 1957 will be heard in this Committee later this month. c) AB 2611 (Low) would exempt from disclosure under the CPRA records of complaints to, or investigations conducted AB 2533 Page 4 by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files, including audio or video recordings, 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. AB 2611 will be heard in this Committee later this month. 1)Previous legislation: a) AB 66 (Weber) of 2015 would have imposed specified requirements on a law enforcement agency that requires its officers to use body worn cameras, 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. AB 66 was held in this Committee. b) 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 body-worn cameras. c) AB 1246 (Quirk) would have prohibited the disclosure of a recording made by a body-worn camera, except to the person whose image is recorded by the body worn camera. AB 1246 died in Assembly Public Safety Committee. AB 2533 Page 5 d) SB 175 (Huff) would require each department or agency that employs peace officers and that elects to require those peace officers to wear body-worn cameras to develop a policy relating to the use of body-worn cameras. SB 175 is currently on the inactive file on the Assembly Floor. e) SB 195 (Anderson) would have stated the intent of the Legislature to enact legislation that protects the privacy of individuals recorded by body-worn cameras utilized by law enforcement officers and the privacy of the officers wearing these cameras. SB 195 died in the Senate Rules Committee. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081