(a) If a law enforcement agency requires a body-worn
13camera to be worn by a peace officer that the agency employs, the
14agency shall comply with the requirements of this section.
15(b) (1) A peace officer equipped with a body-worn camera shall
16activate the camera when responding to calls for assistance and
17when performing law enforcement activities in the field, including,
18but not limited to, traffic or pedestrian stops, pursuits, arrests,
19searches, seizures, interrogations, and any other investigative or
20enforcement encounters in the field.
21(2) Peace officers shall test body-worn cameras prior to going
22in to field activities and ensure the unit is properly
23(3) Peace officers wearing a body-worn camera shall position
24the camera on their uniform to facilitate optimum recording field
26(c) (1) Both video and audio recording functions of body-worn
27cameras shall be activated when an officer is responding to a call
28for service or at the initiation of any other law enforcement or
29investigative encounter between a police officer and a member of
30the public. During encounters with a member of the public, the
31body-worn camera shall not be deactivated until the conclusion
32of the encounter.
33(2) Officers may stop recording when an arrestee is secured
34inside a fixed place of detention, as defined in paragraph (3) of
35subdivision (g) of Section 859.5.
36(3) The following shall apply
during any interview of a suspect
38(A) Peace officers shall record any interview of a suspect or
39witness in its entirety, unless subdivision (d) applies.
P4 1(B) When recording interviews of a suspect or witness, peace
2officers shall, prior to the interview, record any notification of
3rights, including, but not limited to, rights under Miranda v.
4Arizona (1966) 384 U.S. 436.
5(d) (1) A peace officer shall not operate a body-worn camera
6under the following circumstances:
7(A) In a hospital emergency room, when it would violate the
8expectation of privacy of patients.
9(B) During an ambulance response to an accident or illness
10where victims are not involved in any
11(C) Situations where recording would risk the safety of a
12confidential informant or undercover peace officer.
13(D) During protests or demonstrations.
14(2) Under the following circumstances, operation of a
15body-worn camera shall begin with the officer providing on camera
16notice to persons recorded that a body-worn camera is recording
17video, and provide the persons with the option to request that the
18body-worn camera be turned off:
19(A) When the subject of the recording is a victim of rape, incest,
20domestic violence, and other forms of domestic or sexual harm.
21(B) (i) When an officer is at a private residence without a
22warrant and in a nonemergency
23(ii) In the event of contradicting requests made by a homeowner
24or renter, the contradicting requests shall be recorded on video
25and the peace officer shall continue to operate and record the
27(e) (1) Peace officer shall only use the body-worn camera
28systems issued and approved by the law enforcement agency that
29employs him or her for official police duties.
30(2) Unauthorized use, duplication, or distribution of body-worn
31camera files are prohibited. Peace officers shall not make copies
32of any body-worn camera file for their personal use and are
33prohibited from using a recording device such as a phone camera
34or secondary video camera to record body-worn camera files.
35(3) All recorded media, images, and audio
36cameras are property of their respective law enforcement agency,
37and shall not be copied, released, or disseminated in any form or
38manner outside the parameters of this section without the written
39consent of the head of the agency, unless otherwise authorized by
P5 1(4) Peace officers shall not remove, dismantle, or tamper with
2any hardware or software components or parts of body
4(5) Peace officers shall not use body-worn camera functions,
5when there is no investigatory interaction with a member of the
6public, to record any personal conversation of or with another
7agency member or employee without the permission of the recorded
8member or employee.
9(f) (1) Peace officers shall not use body-worn cameras to record
10non-work related activity or to record in places where
11expectation of privacy exists.
12(2) A law enforcement agency or law enforcement officer shall
13not allow a computerized facial recognition program or application
14to be used with a body-worn camera or a recording made by a
15body-worn camera unless the use has been authorized by a warrant
16issued by a court.
17(3) Nothing in this section shall require a peace officer, in a
18public venue, to cease recording an event, situation, or
19circumstance solely at the demand of the citizen.
20(g) (1) Unless paragraph (2) or (3) applies, a law enforcement
21agency shall retain video and audio recorded by a body-worn
22camera for a minimum of one year, after which it will be erased,
23destroyed, or recycled pursuant to Section 34090.6 of the
25(2) A law enforcement agency shall retain video and audio
26recorded by a body-worn camera under this section for 3 years
27under any of the following situations:
28(A) The recording is of an incident involving the use of force
29by a peace officer.
30(B) The recording is of an incident that leads to the detention
31or arrest of an individual.
32(C) The recording is relevant to a formal or informal complaint
33against a law enforcement officer or a law enforcement agency.
34(3) If evidence that may be relevant to a criminal prosecution
35is obtained from a recording made by a body-worn camera under
36this section, the law enforcement agency shall retain the recording
37for any time in addition to that specified in paragraphs (1) and
38(2), and in the same manner as
is required by law for other
39evidence that may be relevant to a criminal prosecution.
P6 1(h) Each law enforcement agency shall conspicuously post its
2polices and procedures regarding body-worn cameras on its
3Internet Web site.
4(i) (1) Peace officers may only review their body-worn camera
5video after making their initial statement and report in an
6administrative or criminal inquiry or investigation.
7(2) When safe and practical, an on-scene supervisor may
8retrieve a body-worn camera from an officer. The supervisor shall
9be responsible for assuring the camera date is uploaded into the
10desired data processing and collection method.
11(j) (1) Any request from within a law enforcement agency for
12recordings from a
body-worn camera from that agency shall be
13completed by the system administrator with the approval of the
14head of the agency.
15(2) All other requests shall be processed in accordance with
16the California Public Records Act (Chapter 3.5 (commencing with
17Section 6250) of Division 7 of Title 1 of the Government Code).