BILL ANALYSIS �
SB 1454
Page 1
Date of Hearing: June 17, 2014
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
SB 1454 (Ted Gaines) - As Amended: May 27, 2014
SENATE VOTE : 37-0
SUBJECT : Department of Fish and Wildlife: Enforcement: Patrol
Vehicle Mounted Video and Audio System
SUMMARY : Authorizes the Department of Fish and Wildlife (DFW)
to install patrol vehicle mounted video and audio systems,
commonly known as dashboard cameras, in patrol vehicles used by
DFW peace officers. Specifically, this bill :
1)Authorizes DFW to install dashboard video cameras on patrol
vehicles used by DFW wardens for enforcement. Authorizes a
DFW peace officer to use the system to record any
communications or other actions involving the office while in
uniform and acting within the scope of his or her authority.
2)Requires DFW to adopt a policy to establish standards
regarding the activation of patrol vehicle mounted video and
audio systems and the preservation and retention of
recordings, subject to the following requirements:
a) Once recording has been activated the entire
duration of the encounter shall be recorded;
b) Recordings shall be retained for a minimum of 90
days and a maximum of one year, except if the recording
is necessary for a pending or reasonably foreseeable
civil or criminal action, or for training or
administrative purposes.
c) DFW shall provide access to a recording in
accordance with all other provisions of law.
EXISTING LAW :
1)Provides that employees of DFW designated by the director as
deputized law enforcement officers are peace officers, as
provided by Penal Code Section 830.2, the authority of which
extends to any place in the state as to a public offense
committed within the state. Requires all peace officers of
the DFW to complete course requirements of the Commission on
Peace Officer Standards and Training.
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2)Exempts a number of law enforcement agencies from the
prohibition on recording of confidential communications,
including any police officer of a city or county, any county
sheriff or deputy sheriff, any officer of the California
Highway Patrol (CHP), any district attorney, the Attorney
General, or any person action pursuant to the direction of one
of those law enforcement officers acting within the scope of
his or her authority.
FISCAL EFFECT : According to the Senate Appropriations
Committee, 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.
COMMENTS : This bill would extend to law enforcement officers
of DFW the same authority to install dashboard cameras on their
patrol vehicles as has already been granted to other law
enforcement officers such as city police officers, county
sheriffs, and CHP officers. The author notes that fish and
wildlife wardens typically initiate between 120,000 and 230,000
law enforcement contacts, issue between 7,000 and 18,000
citations, and execute over 100 search warrants per year.
According to the author, the ability to install these recording
devices would provide the following benefits: 1) recording
communications between Wildlife Officers, suspects and witnesses
creates an unbiased record of these contacts that leads to more
accurate and complete information being included in
investigative reports and made available to attorneys in legal
proceedings; 2) recording law enforcement contacts is an
important tool in preventing misconduct by officers, training
officers in proper safety and contact procedures, and defending
Wildlife Officers and agencies from frivolous lawsuits; and 3)
dashboard cameras would benefit local district attorneys by
enhancing their ability to obtain convictions for violations and
reducing costly time in our already backlogged court system.
As noted in the Senate Public Safety Committee analysis of this
bill, the Federal Office of Community Policing Services prepared
a comprehensive study on the use of patrol car cameras that
found:
"The in-car camera is a multi-faceted tool that assists
police executives by ensuring integrity and accountability
while enhancing public trust. In-car cameras allow
officers to critique and enhance their performance and
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provide training material for new recruits and advanced
officer training. With the proper education, video
evidence can be of great value to prosecutors as well as
police. Video evidence can be used to refresh an officer's
recollection of events while validating the officer's
testimony. In many cases when video evidence is present,
both time and monies can be saved if the defendant elects
to plead guilty to the charges. In civil, criminal and
administrative cases, the presence of video evidence
streamlines the investigative process and allows an agency
to come to a timely conclusion. Even when revealing
departmental violations, video evidence allows
investigators, supervisors and executives to make sound
assessments of the facts. With videos, mitigating
circumstances that may impact the severity of discipline
can be addressed."
(See Senate Public Safety Committee analysis, April 29, 2014,
citing The Impact of Video Evidence on Modern Policing, Research
and Best Practices from the IACP Study on In-Car Cameras,
http://www.cops.usdoj.gov/Publications/video_evidence.pdf .)
Support Arguments : Supporters note that dashboard cameras have
proven beneficial to both the public and officers in the
agencies who currently use them. They provide an important
training tool, aid officers in proving the events related to an
investigation or an arrest to the court, and help protect
officers from unfounded complaints.
There is currently no opposition to this bill. The ACLU opposed
the prior version unless amended, but are no longer opposed to
this bill as amended on May 27, 2014. The ACLU agrees that
dashboard cameras can be an effective tool and can even help to
protect the rights of citizens involved in law enforcement
encounters, as well as the officers, if used properly. They
note that the cameras can provide a neutral third observer,
similar to how mobile phone cameras have been used by citizens
to observe police behavior. The May 27 amendments: 1) clarified
that the DFW must adopt standards governing the use of dashboard
cameras; 2) required that once activated the camera must remain
on to record the duration of the encounter; 3) delineated
requirements for data retention; and 4) required DFW to provide
access to recordings as required by existing law. The ACLU has
suggested one additional amendment which would change the words
"administrative purposes" on page 2, line 24, to "open
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administrative investigations." If that amendment were adopted
the ACLU would move from a neutral to a support position.
REGISTERED SUPPORT / OPPOSITION :
Support
California Fish and Game Wardens Association
California Fish and Game Wardens' Supervisors and Managers
Association
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096