California 2015 2015-2016 Regular Session

California Assembly Bill AB69 Amended / Bill

Filed 03/16/2015

 BILL NUMBER: AB 69AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 16, 2015 INTRODUCED BY Assembly Member Rodriguez DECEMBER 18, 2014 An act  to add Section 832.18 to the Penal Code,  relating to peace officers. LEGISLATIVE COUNSEL'S DIGEST AB 69, as amended, Rodriguez. 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 all peace officers statewide to wear body cameras to capture their interactions with the public.   This bill would require law enforcement agencies to follow specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1   .   Section 832.18 is added to the   Penal Code   , to read:   832.18. (a) It is the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage data recorded by a body-worn camera worn by a peace officer. These policies and procedures shall be based on best practices. (b) When establishing policies and procedures for the implementation and operation of a body-worn camera system, law enforcement agencies, departments, or entities shall consider the following best practices regarding the downloading and storage of body-worn camera data: (1) Designate the person responsible for downloading the recorded data from the body-worn camera. (2) Establish when data should be downloaded. (3) Include specific measures to prevent data tampering, deleting, and copying. (4) Categorize and tag body-worn camera video at the time the data is downloaded and classified according to the type of event or incident captured in the data. (5) State the length of time that recorded data shall be stored. (6) State where the body-worn camera data will be stored. (7) If using a third-party vendor to manage the data storage system, the following factors shall be considered to protect the security and integrity of the data: (A) Using an experienced and reputable third-party vendor. (B) Entering into contracts that govern the vendor relationship and protect the agency's data. (C) Using a system that has a built in audit trail to prevent data tampering and unauthorized access. (D) Using a system that has a reliable method for automatically backing up data for storage. (E) Consulting with internal legal counsel to ensure the method of data storage meets legal requirements for chain-of-custody concerns. (F) Using a system that includes technical assistance capabilities.   SECTION 1.   It is the intent of the legislature to enact legislation to require all peace officers statewide to wear body cameras to capture their interactions with the public.