BILL ANALYSIS Ó
SB 175
Page 1
SENATE THIRD READING
SB
175 (Huff and Gaines)
As Amended June 18, 2015
Majority vote
SENATE VOTE: 36-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Privacy |11-0 |Gatto, Wilk, Baker, | |
| | |Calderon, Chang, | |
| | |Chau, Cooper, | |
| | |Dababneh, Dahle, | |
| | |Gordon, Low | |
| | | | |
| | | | |
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SB 175
Page 2
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
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.
SB 175
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EXISTING LAW:
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.
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.
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.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
SB 175
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COMMENTS: 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."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0001220
SB 175
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