BILL ANALYSIS Ó SB 175 Page 1 Date of Hearing: June 16, 2015 Counsel: Stella Choe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair SB 175 (Huff) - As Amended April 21, 2015 SUMMARY: Requires 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. Specifically, this bill: 1)Provides that the policy shall be developed in collaboration with nonsupervisory officers. 2)States that the policy shall include, at minimum, all of the SB 175 Page 2 following: a) The duration, time, and place that body-worn cameras shall be worn and operational; b) The length of time video collected by officers will be stored by the department or agency; c) The procedures for, and limitations on, public access to recordings taken by body-worn cameras, in accordance with the California Public Records Act; d) The process for accessing and reviewing recorded data, including, but not limited to, the persons authorized to access data and the circumstances in which recorded data may be reviewed; and, e) The training that will be provided on the use of body-worn cameras. 3)Provides that the policy shall be provided to each officer required to wear a body-worn camera. EXISTING LAW: SB 175 Page 3 1)States that every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding $2,500, or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (Pen. Code, § 632, subd. (a).) 2)Defines "confidential communication" to include any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or any legislative, judicial, executive or administrative proceeding open to the public, or in any circumstance that the parties may reasonably expect that the communication may be overheard or recorded. (Pen. Code, § 632, subd. (c).) 3)Provides that nothing in the sections prohibiting eavesdropping or wiretapping prohibits specified law enforcement officers or their assistants or deputies acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record. (Pen. Code, § 633.) FISCAL EFFECT: SB 175 Page 4 COMMENTS: 1)Author's Statement: According to the author, "As pivotal events surrounding police use of force has become the focus of important national debate, it is necessary to explore law enforcement use of body worn camera (BWC) technology as a statewide concern. SB 175 addresses the fact that BWC technology is relatively new and some agencies have started using BWC's without providing comprehensive policies for their use. "BWC technology will only be as effective as its policies and procedure are. Having talked with members of numerous law enforcement agencies, a one-size-fits-all approach is unacceptable. Many agencies have already begun reaching out to community leaders and other agencies to provide policy recommendations regarding privacy rights, data storage, and accountability measures. It is vital that any legislative framework regarding BWC policies remain flexible so that local agencies can develop policies and procedures that lineup with community needs and agency resources. "SB 175 demonstrates an even-handed approach to a serious public safety issue. While it is clear that law enforcement agencies welcome BWC technology for the good of their departments and the public that they serve, it is obvious that subsequent policies will eventually be developed on the natural. This particular Senate Bill is an essential forum from which to demonstrate the Legislature's commitment to keeping the discussion focused on the public safety and privacy rights of all citizens, including our peace officers, who are tasked with enormous responsibility to protect and to serve, while preserving the public's trust." 2)Background: A recent report released by U.S. Department of Justice's Office of Community Oriented Policing Services and SB 175 Page 5 the Police Executive Research Forum studied the use of body-worn cameras by police agencies. This research included a survey of 250 police agencies, interviews with more than 40 police executives, a review of 20 existing body-camera policies, and a national conference at which more than 200 police chiefs, sheriffs, federal justice representatives, and other experts shared their knowledge of and experiences with body-worn cameras. The report shows that body-worn cameras can help agencies demonstrate transparency and address the community's questions about controversial events. Among other reported benefits are that the presence of a body-worn camera have helped strengthen officer professionalism and helped to de-escalate contentious situations, and when questions do arise following an event or encounter, police having a video record helps lead to a quicker resolution. (Miller and Toliver, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned, Police Executive Research Forum (Nov. 2014).) The report recommends that each agency develop its own comprehensive written policy to govern body-worn camera usage, that includes the following: a) Basic camera usage, including who will be assigned to wear the cameras and where on the body the cameras are authorized to be placed; b) The designated staff member(s) responsible for ensuring cameras are charged and in proper working order, for reporting and documenting problems with cameras, and for reissuing working cameras to avert malfunction claims if critical footage is not captured; c) Recording protocols, including when to activate the camera, when to turn it off, and the types of circumstances SB 175 Page 6 in which recording is required, allowed, or prohibited; d) The process for downloading recorded data from the camera, including who is responsible for downloading, when data must be downloaded, where data will be stored, and how to safeguard against data tampering or deletion; e) The method for documenting chain of custody; f) The length of time recorded data will be retained by the agency in various circumstances; g) The process and policies for accessing and reviewing recorded data, including the persons authorized to access data and the circumstances in which recorded data can be reviewed; h) Policies for releasing recorded data to the public, including protocols regarding redactions and responding to public disclosure requests; and, i) Policies requiring that any contracts with a third-party vendor for cloud storage explicitly state that the videos are owned by the police agency and that its use and access are governed by agency policy. SB 175 Page 7 (Id. at pp. 37-38.) This bill seeks to implement some of these recommendations, by requiring any agency that uses body-worn cameras to have a policy specifying: the duration, time, and place that body-worn cameras must be worn and operational; the length of time video collected by officers will be stored by the department or agency; the procedures for, and limitations on, public access to recordings taken by body-worn cameras, provided that those procedures and limitations are in accordance with state law that governs public access to records; and the process for accessing and reviewing recorded data, including, but not limited to, the persons authorized to access data and the circumstances in which recorded data may be reviewed. The report also highlighted the need for training on the use of body-worn cameras and the applicable procedures and policies. (Id. at pp. 47-48) This bill states that the policy developed by each agency must include the training that will be provided on the use of body-worn cameras. Lastly, the bill requires that each officer who has to wear a body-worn camera must be provided with a copy of the policies. 3)Argument in Support: According to the California Police Chiefs' Association, "SB 175 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 Page 8 "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." 4)Related Legislation: a) AB 65 (Alejo), would redirect funds from the Driver Training Penalty Assessment Fund and allocates that money to the Board of State and Community Corrections to be used to fund local law enforcement agencies to operate a body worn camera program. AB 65 was held on the Committee on Appropriations' Suspense File. b) AB 66 (Weber), would create statewide policies and guidelines for law enforcement agencies that require its officers to wear body-worn cameras. AB 66 is pending hearing by the Committee on Appropriations. c) AB 69 (Rodriguez), would require law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras. AB 69 is pending referral by the Senate Rules Committee. REGISTERED SUPPORT / OPPOSITION: Support California Peace Officers' Association California Police Chiefs Association California State Lodge, Fraternal Order of Police SB 175 Page 9 City of Santa Barbara City of Visalia League of California Cities Long Beach Police Officers Association Los Angeles County Professional Peace Officers Association Peace Officers Research Association of California Sacramento County Deputy Sheriffs' Association Santa Ana Police Officers Association Opposition None SB 175 Page 10 Analysis Prepared by:Stella Choe / PUB. S. / (916) 319-3744