BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2611|
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          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 2611
          Author:   Low (D) 
          Amended:  6/22/16 in Senate
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  6-1, 6/21/16
           AYES:  Jackson, Anderson, Hertzberg, Leno, Monning, Wieckowski
           NOES:  Moorlach

           SENATE PUBLIC SAFETY COMMITTEE:  6-1, 6/28/16
           AYES:  Hancock, Anderson, Glazer, Liu, Monning, Stone
           NOES:  Leno

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  76-0, 5/23/16 - See last page for vote

           SUBJECT:   The California Public Records Act:  visual or audio  
                     recording of peace officers death:  conditional  
                     exemption from disclosure


          SOURCE:    Author


          DIGEST:  This bill prohibits a public agency from disclosing a  
          visual or audio recording of the death of a peace officer killed  
          in the line of duty, unless the disclosure is authorized by the  
          peace officer's immediate family, in which case, this bill  
          requires the public agency to disclose the visual or audio  
          recording.










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          ANALYSIS:  


          Existing law: 


          1)Declares, pursuant to the California Constitution, the  
            people's right to transparency in government.  ("The people  
            have the right of access to information concerning the conduct  
            of the people's business, and therefore, the meetings of  
            public bodies and the writings of public officials and  
            agencies shall be open to public scrutiny....")  (Cal. Const.,  
            art. I, Sec. 3.)


          2)Governs, pursuant to the California Public Records Act (CPRA),  
            the public disclosure of information collected and maintained  
            by public agencies.  (Gov. Code Sec. 6250 et seq.)  Generally,  
            all public records are accessible to the public upon request,  
            unless the record requested is exempt from public disclosure.   
            (Gov. Code Sec. 6253.)  There are 30 general categories of  
            documents or information that are exempt from disclosure,  
            essentially due to the character of the information, and  
            unless it is shown that the public's interest in disclosure  
            outweighs the public's interest in non-disclosure of the  
            information, the exempt information may be withheld by the  
            public agency with custody of the information.  (Gov. Code  
            Sec. 6254 et seq.)


          3)Requires that any reasonably segregable portion of a record  
            shall be available for inspection by any person requesting the  
            record after deletion of the proportions that are exempted by  
            law. (Gov. Code Sec. 6253(a).)


          4)Allows, for records not subject to an exemption, the  
            withholding of records if the agency demonstrates that on the  
            facts of the particular case the public interest served by not  
            disclosing the record clearly outweighs the public interest  
            served by disclosure of the record. (Gov. Code Sec. 6255.)


          5)Defines "public record" as any writing containing information  







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            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. (Gov. Code  
            Sec. 6252(e).)


          6)Defines "writing" to include any handwriting, typewriting,  
            printing, photography, transmitting by electronic mail or  
            facsimile, and every other means of recording upon any  
            tangible thing any form of communication or other  
            representation, regardless of the manner in which the record  
            has been stored.  (Gov. Code Sec. 6252(g).)


          This bill: 


          1)Prohibits a public agency from disclosing a visual or audio  
            recording of the death of a peace officer killed in the line  
            of duty, unless the disclosure is authorized by the peace  
            officer's immediate family.  If a peace officer's immediate  
            family authorizes the disclosure of a visual or audio  
            recording of the death of the peace officer killed in the line  
            of duty, the public agency is required to disclose the visual  
            or audio recording. 


          2)Makes the following legislative finding and declaration to  
            demonstrate the interest protected by this limitation and the  
            need for protecting that interest: "Prohibiting the disclosure  
            of a visual or audio recording of the death of a peace officer  
            killed in the line of duty , without the consent of the peace  
            officer's immediate family, ensures the privacy of persons who  
            serve in law enforcement and their immediate families,  
            protects those families from additional emotional trauma from  
            public displays of those images, and further protects the  
            public from the graphic sounds and morbid images that would be  
            contained in a visual or audio recording of the death of a  
            peace officer in the line of duty.  By providing for a  
            limited, conditional disclosure of these recordings, when  
            other public records relating to the death may be available  
            for public inspection, this act properly balances the public's  
            right to access public records with proper privacy interests."








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          Background


          The CPRA governs the disclosure of information collected and  
          maintained by public agencies.  Generally, all public records  
          are accessible to the public upon request, unless the record  
          requested is exempt from disclosure. (Gov. Code Sec. 6254 et  
          seq.) There are 30 general categories of documents or  
          information that are exempt from disclosure, essentially due to  
          the character of the information, and unless it is shown that  
          the public's interest in disclosure outweighs the public's  
          interest in non-disclosure of the information, the exempt  
          information may be withheld by the public agency with custody of  
          the information.


          On August 9, 2014, Michael Brown was shot by Officer Darren  
          Wilson in Ferguson, Missouri, during the course of an arrest for  
          an alleged robbery. While Wilson was not indicted for his  
          actions, the incident demonstrated the tremendous difficulties  
          in determining crucial facts related to use of force by police  
          against members of the public. 


          In the wake of Ferguson and other incidences involving  
          allegations of police misconduct, communities across the country  
          are outfitting police forces with body cameras. In fact, body  
          cameras have emerged as a rare point of agreement between reform  
          advocates and law enforcement officials. Many officers report  
          that the equipment changes citizen behavior and helps deescalate  
          confrontations between civilians and police. They also claim  
          that body cameras improve evidence collection, and help them  
          more accurately recollect events and fill out reports. (Wing,  
          Study Shows Less Violence, Fewer Complaints When Cops Wear Body  
          Cameras (2015) Huffington Post  
           
                                                                    Page  5


          victims, and discussions with confidential informants, may be  
          recorded and potentially preserved for public inspection. Thus,  
          in order for body cameras to both increase police accountability  
          and protect privacy rights, the Legislature must balance what  
          footage should be available for public review versus the footage  
          that should be kept confidential. 


          This bill prohibits a public agency from disclosing a visual or  
          audio recording of the death of a peace officer killed in the  
          line of duty, unless the disclosure is authorized by the peace  
          officer's immediate family.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/1/16)


          Association of Deputy District Attorneys
          Association of Los Angeles Deputy Sheriffs
          Association of Orange County Deputy Sheriffs
          California Peace Officers Association
          California Statewide Law Enforcement Association
          Fraternal Order of Police
          Long Beach Police Officers Association
          Los Angeles County Deputy Probation Officers Union, AFSCME,  
          Local 685
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protective League
          Peace Officers Research Association of California
          Riverside Sheriffs' Association
          Sacramento County Deputy Sheriffs Association 


          OPPOSITION:   (Verified8/1/16)


          American Civil Liberties Union of California
          California Newspaper Publishers Association
          Electronic Frontier Foundation
          Legal Services for Prisoners with Children







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          ARGUMENTS IN SUPPORT:      The Peace Officers Research  
          Association of California writes in support: 


            [T]he CPRA does not address the issue of the release of any  
            video depicting the great bodily injury or death of a peace  
            officer while acting in the line of duty.  A peace officer  
            receiving serious injuring or giving the ultimate sacrifice  
            for the citizens of this state deserves to have any related  
            video protected by the Act.  The surviving families of these  
            officers should not have to worry that the video depicting  
            their loved one's death will be open to the public to be  
            viewed over and over again. 


          ARGUMENTS IN OPPOSITION:   The American Civil Liberties Union of  
          California writes in opposition:


            With respect to audio or visual recordings that depict the  
            death of a peace officer, we appreciate that these may be  
            sensitive materials that family members may prefer not to be  
            released.  But we see no justification for being more  
            protective of peace officer deaths than those of any other  
            public official, or of the general public. Indeed, there are  
            good reasons for being more open about the activities of peace  
            officers because they are public officials who must be subject  
            to greater scrutiny by virtue of the enormous power entrusted  
            to them, including the possibility that an officer's death may  
            occur in the context of alleged misconduct, or as the victim  
            of a crime.


          Further, the Electronic Frontier Foundation writes, "a recording  
          of a violent confrontation between police officers and members  
          of the public might be highly newsworthy and critical to an  
          informed public understanding of the event, even though the  
          recording contains images of an officer's death[.] ? For  
          example, if a traffic stop tragically ends with an officer  
          gruesomely slaying a civilian and accidentally slaying another  
          officer, then the CPRA should allow prompt public access to any  
          squad car and body camera recordings of the episode.  CPRA  







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          should not allow a veto over disclosure by the decedent's  
          family[.]"


          ASSEMBLY FLOOR:  76-0, 5/23/16
          AYES:  Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Arambula, Eggman, Jones-Sawyer, Patterson

          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          8/3/16 19:11:01


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