California Assembly Bill AB66 Amended / Bill

 BILL NUMBER: AB 66AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 9, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Weber  (   Principal coauthor:   Assembly Member   Bonta  )   (   Coauthor:   Assembly Member   Rodriguez   )  DECEMBER 17, 2014 An act to  amend   add  Section  830.105 of   830.16 to  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  establish   impose specified  requirements  if   on  a law enforcement agency  that  requires  its officers   a peace officer employed by the agency  to  wear body-worn cameras.   use a body-worn camera.  The bill would require  officers   a peace officer  to, among other things, activate the camera when responding to calls for assistance and performing law enforcement activities in the field, and  would  prohibit deactivating the  cameras   camera  during  encounters   an encounter  with a member of the public until the conclusion of that encounter.  The bill would also require a peace officer to ensure that the body-worn camera is fully functional, as provided, prior to going into the field.  The bill would prohibit  officers   a peace officer  from using a body-worn camera in a hospital emergency room when it would violate the privacy expectations of  patients,   a patient,  during an ambulance response to an accident or illness when  victims are   the victim is  not involved in criminal activity,  or  when it would risk the safety of a confidential informant or undercover peace  officer, or during a protest or demonstration.   officer.  The bill would require  officers   a peace officer  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   a peace  officer is at a private residence without a warrant and in a nonemergency situation. The bill would require  officers   a peace officer  to only use  a  body-worn  cameras   camera issued and  approved by the law enforcement agency that employs  them,   the officer,  and would prohibit removing, dismantling, or tampering with any components or parts of  the   a  body-worn  cameras.   camera.  The bill would prohibit  a  peace  officers   officer  from using  a  body-worn  cameras   camera  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   a peace officer  from using  a  body-worn  cameras   camera  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   authorize a peace officer to review his or her body-worn camera video only after making his or her initial statement and report in an administrative or criminal inquiry or investigation   .  Except as provided, the  bill would  specify   specifically require  that  requests   a request  for  files   a file  from  a  body-worn  cameras are to   camera  be processed in accordance with the California Public Records Act. Vote: majority. Appropriation: no. Fiscal committee: 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   830.16  is added to the Penal Code,immediately following Section 830.10  ,  to read:  830.105.   830.16.  (a)  If a   A  law enforcement agency  that  requires a body-worn camera to be  worn   used  by a peace officer that the agency  employs, the agency   employs  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   A peace officer  shall  test   ensure that a  body-worn  cameras   camera is fully functional, including, but not limited to, ensuring that the camera can be turned on and off and record video and audio, and that the camera is properly charged,  prior to going  in to field activities and ensure the unit is properly charged.  into the field. A peace officer shall not violate a person's reasonable expectation of privacy when ensuring that a body-worn camera is fully functional pursuan   t to this paragraph.  (3)  Peace officers  A peace officer  wearing a body-worn camera shall position the camera on  their     his or her chest, head, shoulder, collar, or any area above the   mid-torso of his or her  uniform to facilitate optimum recording field of view. (c) (1) Both video and audio recording functions of  a  body-worn  cameras   camera  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   an encounter  with a member of the public, the  officer shall notify the member of the public that the body-worn camera is recording, and shall not deactivate the  body-worn camera  shall not be deactivated  until the conclusion of the encounter. (2)  Officers   An officer  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   A peace officer  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   a peace officer  shall,  prior to the interview, record any notification of rights, including, but not limited to,   where applicable, inform the suspect or witness of his or her  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.   a patient.  (B) During an ambulance response to an accident or illness where  victims are   the victim is  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   Operation  of a body-worn camera shall begin with the officer providing on camera notice to  persons   a person being  recorded that a body-worn camera is recording video, and provide the  persons   person  with the option to request that the body-worn camera be turned  off:   off under the following circumstances:  (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)   (3)  In the event of contradicting requests made by a  homeowner   homeowner, occupant,  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   A 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   A   peace officer  shall not make copies of any body-worn camera file for  their   his or her  personal use  and are prohibited from using   or use  a recording device such as a phone camera or secondary video camera to record  a  body-worn camera  files.   file.   (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   (3)     A Peace officer  shall not remove, dismantle, or tamper with any hardware or software components or parts of  body worn-cameras.   a body-worn camera.   (5) Peace officers   (4)     A peace officer  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   A peace officer  shall not use  a  body-worn  cameras   camera  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   This section does not  require a peace officer, in a public venue, to cease recording an event, situation, or circumstance solely at the demand of  the   a  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)   (g)  Each law enforcement  agency   agency, subject to the requirements of this section,  shall conspicuously post its polices and procedures regarding body-worn cameras on its Internet Web site.  (i)   (h)  (1)  Peace officers   A   peace officer   may  only  review  their   his or her  body-worn camera video  only  after making  their   his or her  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   ensuring that  the camera  date   data  is uploaded into the desired data processing and collection method.  (j)   (i)  (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  for recordings from a body-worn camera  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).