California 2017-2018 Regular Session

California Assembly Bill AB748

Introduced
2/15/17  
Introduced
2/15/17  
Refer
3/2/17  
Refer
3/2/17  
Report Pass
4/4/17  
Refer
4/4/17  
Refer
4/4/17  
Report Pass
4/18/17  
Report Pass
4/18/17  
Refer
4/18/17  
Refer
4/18/17  
Report Pass
5/3/17  
Report Pass
5/3/17  
Engrossed
5/11/17  
Engrossed
5/11/17  
Refer
5/11/17  
Refer
5/11/17  
Refer
5/24/17  
Report Pass
7/5/17  
Report Pass
7/5/17  
Refer
7/5/17  
Refer
7/5/17  
Report Pass
7/18/17  
Report Pass
7/18/17  
Refer
7/19/17  
Refer
7/19/17  
Refer
8/23/17  
Report Pass
6/14/18  
Report Pass
6/14/18  
Refer
6/14/18  
Refer
6/14/18  
Report Pass
7/2/18  
Report Pass
7/2/18  
Refer
7/3/18  
Refer
8/6/18  
Refer
8/6/18  
Report Pass
8/17/18  
Report Pass
8/17/18  
Refer
8/29/18  
Refer
8/29/18  
Refer
8/30/18  
Refer
8/30/18  
Refer
8/30/18  
Refer
8/30/18  
Enrolled
8/31/18  
Enrolled
8/31/18  
Chaptered
9/30/18  
Chaptered
9/30/18  
Passed
9/30/18  

Caption

Peace officers: video and audio recordings: disclosure.

Impact

The implementation of AB 748 is expected to have significant implications on how public records are managed and disclosed in California. By permitting law enforcement agencies to withhold recordings temporarily, the bill introduces a structure that can protect sensitive information while ensuring that the public’s right to access information is not entirely compromised. The lack of required reimbursement to local agencies from the state under this bill reflects an emphasis on minimizing state costs while expanding local agency responsibilities towards disclosure.

Summary

Assembly Bill No. 748 amends Section 6254 of the Government Code, specifically addressing the disclosure of audio and video recordings related to peace officers. This bill, which takes effect on July 1, 2019, allows for the withholding of such recordings for a period of 45 days if their release could substantially interfere with an ongoing investigation. It aims to balance public transparency with the need for privacy and the integrity of investigations, especially in critical incidents involving law enforcement.

Sentiment

The sentiment around AB 748 reflects a division among stakeholders. Proponents argue that the bill enhances public safety by allowing law enforcement the necessary time to complete investigations without the distraction of released recordings. They highlight the importance of protecting the rights and privacy of individuals depicted in recordings. Conversely, critics fear that such provisions could lead to a lack of accountability among peace officers and potential delays in the disclosure of important public information, reinforcing concerns over transparency in policing.

Contention

Key points of contention surrounding AB 748 relate to the balance between privacy and public interest. Critics have raised concerns that the bill could allow for excessive withholding of information under the guise of protecting privacy, potentially undermining public confidence in law enforcement. The process of redacting videos to protect individual privacy also raises questions about the adequacy of protections for those involved in critical incidents, as well as the potential for misuse of the withholding provisions. This reflects broader societal discussions about law enforcement accountability in California.

Companion Bills

No companion bills found.

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