BILL ANALYSIS Ó
AB 2533
Page 1
ASSEMBLY THIRD READING
AB
2533 (Santiago)
As Amended April 14, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Privacy |10-0 |Chau, Wilk, Baker, | |
| | |Calderon, Chang, | |
| | |Cooper, Dababneh, | |
| | |Gatto, Gordon, Low | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, McCarty, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
AB 2533
Page 2
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Requires a public safety officer to be provided a
minimum of three business days' notice before a public safety
department or other public agency releases on the Internet any
audio or video of the officer recorded by the officer.
Specifically, this bill:
1)Authorizes the public safety officer, based upon that
reasonable belief, to notify the public safety department or
other public agency to cease and desist from disclosing on the
Internet any audio or video of the officer that is recorded by
the officer.
2)Allows the officer, a district attorney, or a United States
Attorney to seek an injunction to prohibit the release of that
audio or video on the Internet.
EXISTING LAW:
1)Specifies that no public safety officer shall be required as a
condition of employment by his or her employing public safety
department or other public agency to consent to the use of his
or her photograph or identity as a public safety officer on
the Internet for any purpose if that officer reasonably
believes that the disclosure may result in a threat,
harassment, intimidation, or harm to that officer or his or
her family.
2)States that based upon his or her reasonable belief that the
disclosure of his or her photograph or identity as a public
safety officer on the Internet may result in a threat,
harassment, intimidation, or harm, the officer may notify the
AB 2533
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department or other public agency to cease and desist from
that disclosure.
3)States that after the notification to cease and desist, the
officer, a district attorney, or a United States Attorney may
seek an injunction prohibiting any official or unofficial use
by the department or other public agency on the Internet of
his or her photograph or identity as a public safety officer.
4)Provides that the court may impose a civil penalty in an
amount not to exceed $500 per day commencing two working days
after the date of receipt of the notification to cease and
desist.
5)Defines "public safety officer" as all peace officers, except
as specified.
6)Specifies that no public safety officer shall be subjected to
punitive action, or denied promotion, or be threatened with
any such treatment, because of the lawful exercise of the
rights under the Public Safety Officers Procedural Bill of
Rights, or the exercise of any rights under any existing
administrative grievance procedure.
7)States that administrative appeal by a public safety officer
Public Safety Officers Procedural Bill of Rights shall be
conducted in conformance with rules and procedures adopted by
the local public agency.
8)California Public Records Act generally provides that access
to information concerning the conduct of the people's business
is a fundamental and necessary right of every person in this
state.
AB 2533
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9)Provides that public records are open to inspection at all
times during the office hours of the state or local agency and
every person has a right to inspect any public record, except
as 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.
10) California Public Records Act does not require disclosure of
investigations conducted by 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 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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor costs, if any, to a local agency to provide the
three day notice required.
COMMENTS: 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
heightened 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
AB 2533
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restraining order before it is released.
"AB 2533 ensures officers are provided with five business days'
notice before the release of any audio or video recorded of the
officer, allowing the officer to complete the necessary legal
arrangements. This measure updates current law to be more
appropriate for today's digital age, while continuing to provide
an avenue of safety for threatened officers."
Analysis Prepared by:
David Billingsley/ PUB. S. / (916) 319-3744 FN:
0002958