BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 175|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 175
Author: Huff (R) and Gaines (R), et al.
Amended: 4/21/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15
AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone
NO VOTE RECORDED: Liu
SUBJECT: Peace officers: body-worn cameras
SOURCE: Author
DIGEST: This bill requires every law enforcement department and
agency that requires its peace officers to wear body-cameras to
develop a policy relating to the use of those cameras, as
specified.
ANALYSIS:
Existing law:
1)Makes it a crime for a person, intentionally and without
requisite consent, to eavesdrop on a confidential
communication by means of any electronic amplifying or
recording device. (Penal Code § 632.)
2)Exempts a number of law enforcement agencies from the
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prohibition in Penal Code Section 632, including the Attorney
General, any district attorney, or any assistant, deputy, or
investigator of the Attorney General or any district attorney,
any officer of the California Highway Patrol, any chief of
police, assistant chief of police, or police officer of a city
or city and county, any sheriff, undersheriff, or deputy
sheriff regularly employed and paid in that capacity by a
county, police officer of the County of Los Angeles, or any
person acting pursuant to the direction of one of these law
enforcement officers acting within the scope of his or her
authority. (Penal Code § 633.)
This bill requires each department or agency that employs peace
officers and elects to require those officers to wear a
body-worn camera to develop a policy relating to the use of
those cameras. This policy must be developed in collaboration
with non-supervisory officers and include:
1)The duration, time, and place that body-worn cameras must be
worn and operational;
2)The length of time video collected by officers will be stored
by the department or agency;
3)The procedures for, and limitations on, public access to
recordings taken by body-worn cameras;
4)The process for accessing and reviewing recorded data,
including the persons authorized to access data and the
circumstances in which recorded data may be reviewed; and,
5)The training that will be provided on the use of body-worn
cameras.
NOTE: See Senate Public Safety Committee analysis for a
complete discussion of this bill.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified 4/20/15)
California Peace Officers Association
California Police Chiefs Association
OPPOSITION: (Verified4/20/15)
None received
ARGUMENTS IN SUPPORT: According to the California Police
Chiefs Association, this bill would require every 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. We concur that agencies that
elect to utilize body worn cameras should have an inclusive and
vetted policy in place prior to the implementation of the
agency's body worn camera program.
SB 175 allows for local discretion in the creation of
agency policies. This approach allows each agency to
develop and implement the best policy for their department
and community.
Prepared by:Jessica Devencenzi / PUB. S. /
4/28/15 15:31:28
SUPPORT/OPPOSITION: SEE ABOVE
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