BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 1454 (Gaines) - Fish and wildlife: enforcement: patrol  
          mounted vehicle video and audio system.
          
          Amended: As introduced          Policy Vote: PS 6-0 
          Urgency: No                     Mandate: No
          Hearing Date: May 19, 2014      Consultant: Marie Liu
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: SB 1454 would authorize the Department of Fish and  
          Wildlife (DFW) wardens to install and use mounted video and  
          audio systems in patrol vehicles.

          Fiscal Impact: 
              Cost pressures, in the low millions of dollars, to the  
              General Fund and various special funds to DFW for dashboard  
              cameras and associated support equipment and staffing.

          Background: Existing law generally charges DFW with the  
          administration and enforcement of the Fish and Game Code. DFW  
          employees that are designated by the director of DFW (wardens)  
          as deputized law enforcement officers are peace officers as  
          provided by Penal Code �830.2.

          Penal Code �632 makes it a crime for a person to intentionally  
          record a conversation without required consent. A number of law  
          enforcement agencies are exempt from this section, but not  
          wardens.

          Proposed Law: This bill would allow DWF to install vehicle  
          mounted video and audio systems in patrol vehicles used by  
          wardens. The warden may use the system to record communications  
          and other actions involving the warden acting within the scope  
          of his or her authority. DFW would be required to adopt a policy  
          to establish standards regarding the activation of the video and  
          audio system and the preservation and retention of recordings.

          Staff Comments: This bill would not require the purchase of any  
          dashboard cameras; however, by authorizing their use, staff  
          anticipates that there would be pressure for DFW to exercise  
          this authority. According to DFW, the cameras themselves range  








          SB 1454 (Gaines)
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          in cost from $100-450 per unit, but for the whole video/audio  
          system, the per vehicle cost is much higher. DFW currently has  
          15 camera systems which were either purchased or donated. At  
          least one of those systems cost $5,100. As another reference  
          point, the California Highway Patrol uses a system that cost  
          $3,300 per vehicle. This system includes two cameras, portable  
          and two cameras, two wireless microphones, microphone charging  
          stations, and cabin microphone. To fully outfit all warden  
          vehicles, DFW would need an additional $1.3 to $2.0 million,  
          noting that DFW would have full flexibility in determining how  
          many, if any, cameras should be installed. DFW's enforcement  
          costs come from a mix of General Fund (45.5%) and special funds  
          (Environmental License Plate Fund (2.3%), Big Game Fund (4.4%),  
          and the Fish and Game Preservation Fund (47.8%)). 

          DFW would also incur costs associated with supporting the  
          dashboard cameras, such as a database to store and catalog  
          recordings tape, data storage costs, potential IT costs, and  
          warden training regarding the appropriate use of the cameras.  
          These costs would vary greatly depending on the policies that  
          DFW would create regarding the use of the cameras.

          DFW anticipates that adopting a policy on the use of the  
          dashboard cameras would be minor and absorbable.

          Staff notes that the use of dashboard cameras can create savings  
          by reducing litigation and investigation costs, which is  
          consistent with other law enforcement's experience with use of  
          recording equipment. However, these savings are uncertain and  
          unquantifiable.