BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1454
                                                                  Page  1

          Date of Hearing:   July 2, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  SB 1454 (Ted Gaines) - As Amended:  May 27, 2014 

          Policy Committee:                             Water, Parks and  
          Wildlife     Vote:                            15-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the Department of Fish and Wildlife (DFW)  
          to install and use patrol vehicle mounted video and audio  
          systems in patrol vehicles used by DFW wardens.  Specifically,  
          this bill: 

          1)Authorizes a DFW peace officer to use a mounted video and  
            audio 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 establish standards and policies regarding the  
            activation of patrol vehicle mounted video and audio systems  
            and the preservation and retention of recordings. Standards   
            and policies must include the following requirements: 

             a)   If recording has been activated, the entire duration of  
               the encounter must be recorded.

             b)   Recordings must 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.
           
          FISCAL EFFECT  

          1)Potential costs pressures in the low millions of dollars (GF  
            and special funds) to DFW for dashboard cameras and associated  








                                                                  SB 1454
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            support equipment and staffing.

            DFW is already authorized to purchase dashboard equipment;  
            this bill provides for its specific use.  Although this bill  
            does not require the purchase of dashboard equipment, there  
            may be cost pressures for DFW to exercise this authority.   
            Costs of the equipment vary. DFW currently has 15 camera  
            systems ranging in costs from $100 for simple cameras up to  
            $5,100 for whole/video audio systems.  The California Highway  
            Patrol uses a system that costs $3,300 per vehicle.   To fully  
            outfit all wardens vehicles, DFW would require an additional  
            $1.3 to $2 million.

          2)Minor, absorbable costs for DFW to adopt standards for the use  
            of dashboard equipment.


           COMMENTS  

           1)Purpose.    According to the author, DFW wardens typically  
            initiate between 120,000 to 230,000 law enforcement  
            contacts, issue between 7,000 to 18,000 citations, and  
            execute over 100 search warrants per year.

            Although other law enforcement agencies have increasingly  
            installed dashboard mounted dashboard cameras in their  
            patrol vehicles, it is unclear whether California law  
            authorizes their use by wildlife officers employed by  
            DFW.

            This bill extends the authority other law enforcement  
            officers have been granted to install dashboard cameras  
            and audio devices to DFW law enforcement officers.

           2)Background.    DFW employees designated by the Director as  
            deputized law enforcement officers are peace officers.   
            All DFW peace officers are required to complete course  
            requirements under the Commission on Peace Officer  
            Standards and Training.

            A number of law enforcement agencies are exempted 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  








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            General, or any person acting pursuant to the direction of one  
            of the exempted law enforcement officers acting within the  
            scope of his or her authority. 

            This bill extends that exemption to DFW peace officers.


           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081