BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 175


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          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  








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            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:  











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          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:  












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          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  








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            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  








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               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.










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            (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.









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          "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








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          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 











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          Analysis Prepared by:Stella Choe / PUB. S. / (916)  
          319-3744