BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2533


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2533 (Santiago) - As Amended April 14, 2016


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          |Policy       |Public Safety                  |Vote:|7 - 0        |
          |Committee:   |                               |     |             |
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          |-------------+-------------------------------+-----+-------------|
          |             |Privacy and Consumer           |     |10 - 0       |
          |             |Protection                     |     |             |
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          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.









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          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.









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          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


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               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. 










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             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