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: April 8, 2014 Policy Vote: PS 6-0
Urgency: No Mandate: No
Hearing Date: May 23, 2014 Consultant: Marie Liu
SUSPENSE FILE. AS AMENDED.
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 (as approved on May 23, 2014): 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
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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.
Proposed Author Amendments: Specifies that DFW's policy
regarding the use of dashboard cameras include the following
requirements:
1. Once the camera and audio system has been activated, it
shall record the duration of the encounter.
2. Retention of the recordings for at least 90 days but no
longer than one year except for specified circumstances.
3. Access to recordings in accordance with all other
provisions of law.
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