California 2015 2015-2016 Regular Session

California Assembly Bill AB66 Amended / Bill

Filed 03/26/2015

 BILL NUMBER: AB 66AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Weber DECEMBER 17, 2014 An act  to amend Section 830.105 of the Penal Code,  relating to peace officers. LEGISLATIVE COUNSEL'S DIGEST AB 66, as amended, Weber. Peace officers:  body-worn  cameras. Existing law makes it a crime to intentionally record a confidential communication without the consent of all parties to the communication. Existing law exempts specified peace officers from that provision if they are acting within the scope of their authority.  This bill would state the intent of the Legislature to enact legislation to require local police departments that utilize police body-worn cameras to follow policies and procedures that will streamline best practices to better enhance the quality of the services that those departments provide to Californians. The bill would state the intent of the Legislature to enact legislation to create a task force to study the effectiveness of body-worn cameras and make policy recommendations. The bill would state the intent of the Legislature to enact legislation that best fits the recommendations of this task force.   This bill would establish requirements if a law enforcement agency requires its officers to wear body-worn cameras. The bill would require officers to, among other things, activate the camera when responding to calls for assistance and performing law enforcement activities in the field, and prohibit deactivating the cameras during encounters with a member of the public until the conclusion of that encounter. The bill would prohibit officers from using a body-worn camera in a hospital emergency room when it would violate the privacy expectations of patients, during an ambulance response to an accident or illness when victims are not involved in criminal activity, when it would risk the safety of a confidential informant or undercover peace officer, or during a protest or demonstration. The bill would require officers to give notice of the camera and provide an opportunity for persons to request that the camera be turned off when the subject of the recording is a victim of rape, incest, domestic violence, and other forms of domestic and sexual harm, or when an officer is at a private residence without a warrant and in a nonemergency situation.  The bill would require officers to only use body-worn cameras approved by the law enforcement agency that employs them, and would prohibit removing, dismantling, or tampering with any components or parts of the body-worn cameras. The bill would prohibit peace officers from using body-worn cameras to record any personal conversation with another member of the law enforcement agency without the consent of that member. The bill would prohibit, among other things, officers from using body-worn cameras to record in a place where a reasonable expectation of privacy exists. The bill would require law enforcement agencies to retain videos for a minimum of one year, unless specified conditions apply. The bill would specify that requests for files from body-worn cameras are to be processed in accordance with the California Public Records Act.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The Legislature finds and declares:   (a) Twenty-first century policing demands more transparency in everyday interactions with the public. In light of a number of high profile use of force incidents involving law enforcement, body-worn cameras are seen as an important means toward achieving this goal.   (b) Several law enforcement agencies in California are already implementing body-worn camera programs. Because of the potential of this technology to document law enforcement interactions, we must be cognizant in protecting citizen privacy and not violate civil liberties.   (c) The development of statewide guidelines and compilation of best practices will be necessary to ensure the public's trust in law enforcement. The use of the portable video recording system provides documentary evidence for criminal investigations, internal or administrative investigations, and civil litigation.   (d) The Legislature intends for officers to utilize body-worn cameras in accordance with the provisions in this act to maximize the effectiveness of the audio and video documentation to achieve operational objectives and to ensure evidence integrity.   SEC. 2.   Section 830.105 is added to the   Penal Code   ,  immediately following Section 830.10  , to read:   830.105. (a) If a law enforcement agency requires a body-worn camera to be worn by a peace officer that the agency employs, the agency shall comply with the requirements of this section. (b) (1) A peace officer equipped with a body-worn camera shall activate the camera when responding to calls for assistance and when performing law enforcement activities in the field, including, but not limited to, traffic or pedestrian stops, pursuits, arrests, searches, seizures, interrogations, and any other investigative or enforcement encounters in the field. (2) Peace officers shall test body-worn cameras prior to going in to field activities and ensure the unit is properly charged. (3) Peace officers wearing a body-worn camera shall position the camera on their uniform to facilitate optimum recording field of view. (c) (1) Both video and audio recording functions of body-worn cameras shall be activated when an officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a police officer and a member of the public. During encounters with a member of the public, the body-worn camera shall not be deactivated until the conclusion of the encounter. (2) Officers may stop recording when an arrestee is secured inside a fixed place of detention, as defined in paragraph (3) of subdivision (g) of Section 859.5. (3) The following shall apply during any interview of a suspect or witness: (A) Peace officers shall record any interview of a suspect or witness in its entirety, unless subdivision (d) applies. (B) When recording interviews of a suspect or witness, peace officers shall, prior to the interview, record any notification of rights, including, but not limited to, rights under Miranda v. Arizona (1966) 384 U.S. 436. (d) (1) A peace officer shall not operate a body-worn camera under the following circumstances: (A) In a hospital emergency room, when it would violate the expectation of privacy of patients. (B) During an ambulance response to an accident or illness where victims are not involved in any criminal activity. (C) Situations where recording would risk the safety of a confidential informant or undercover peace officer. (D) During protests or demonstrations. (2) Under the following circumstances, operation of a body-worn camera shall begin with the officer providing on camera notice to persons recorded that a body-worn camera is recording video, and provide the persons with the option to request that the body-worn camera be turned off: (A) When the subject of the recording is a victim of rape, incest, domestic violence, and other forms of domestic or sexual harm. (B) (i) When an officer is at a private residence without a warrant and in a nonemergency situation. (ii) In the event of contradicting requests made by a homeowner or renter, the contradicting requests shall be recorded on video and the peace officer shall continue to operate and record the encounter. (e) (1) Peace officer shall only use the body-worn camera systems issued and approved by the law enforcement agency that employs him or her for official police duties. (2) Unauthorized use, duplication, or distribution of body-worn camera files are prohibited. Peace officers shall not make copies of any body-worn camera file for their personal use and are prohibited from using a recording device such as a phone camera or secondary video camera to record body-worn camera files. (3) All recorded media, images, and audio from body-worn cameras are property of their respective law enforcement agency, and shall not be copied, released, or disseminated in any form or manner outside the parameters of this section without the written consent of the head of the agency, unless otherwise authorized by law. (4) Peace officers shall not remove, dismantle, or tamper with any hardware or software components or parts of body worn-cameras. (5) Peace officers shall not use body-worn camera functions, when there is no investigatory interaction with a member of the public, to record any personal conversation of or with another agency member or employee without the permission of the recorded member or employee. (f) (1) Peace officers shall not use body-worn cameras to record non-work related activity or to record in places where a reasonable expectation of privacy exists. (2) A law enforcement agency or law enforcement officer shall not allow a computerized facial recognition program or application to be used with a body-worn camera or a recording made by a body-worn camera unless the use has been authorized by a warrant issued by a court. (3) Nothing in this section shall require a peace officer, in a public venue, to cease recording an event, situation, or circumstance solely at the demand of the citizen. (g) (1) Unless paragraph (2) or (3) applies, a law enforcement agency shall retain video and audio recorded by a body-worn camera for a minimum of one year, after which it will be erased, destroyed, or recycled pursuant to Section 34090.6 of the Government Code. (2) A law enforcement agency shall retain video and audio recorded by a body-worn camera under this section for 3 years under any of the following situations: (A) The recording is of an incident involving the use of force by a peace officer. (B) The recording is of an incident that leads to the detention or arrest of an individual. (C) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency. (3) If evidence that may be relevant to a criminal prosecution is obtained from a recording made by a body-worn camera under this section, the law enforcement agency shall retain the recording for any time in addition to that specified in paragraphs (1) and (2), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution. (h) Each law enforcement agency shall conspicuously post its polices and procedures regarding body-worn cameras on its Internet Web site. (i) (1) Peace officers may only review their body-worn camera video after making their initial statement and report in an administrative or criminal inquiry or investigation. (2) When safe and practical, an on-scene supervisor may retrieve a body-worn camera from an officer. The supervisor shall be responsible for assuring the camera date is uploaded into the desired data processing and collection method. (j) (1) Any request from within a law enforcement agency for recordings from a body-worn camera from that agency shall be completed by the system administrator with the approval of the head of the agency. (2) All other requests shall be processed in accordance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).   SECTION 1.   (a) It is the intent of the Legislature to enact legislation to require local police departments that utilize police body-worn cameras to follow policies and procedures that will streamline best practices to better enhance the quality of the services that those departments provide to Californians. (b) It is further the intent of the legislature to enact legislation to create a task force to study the effectiveness of body-worn cameras for peace officers, and for this task force to create a comprehensive policy and best practices manual to be used by state and local law enforcement agencies. It is further the intent of the legislature to enact legislation that best fits the recommendations of this task force.