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
begin delete establishend delete requirements begin delete ifend delete a law enforcement agency requires begin delete its officersend delete to begin delete wear body-worn cameras.end delete The bill would require begin delete officersend delete 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 begin delete camerasend delete
during begin delete encountersend delete with a member of the public until the conclusion of that encounter. The bill would prohibit begin delete officersend delete from using a body-worn camera in a hospital emergency room when it would violate the privacy expectations of begin delete patients,end delete during an ambulance response to an accident or illness when begin delete victims areend delete not involved in criminal activity, when it would risk the safety of a confidential informant or undercover peace begin delete officer, or during a protest or demonstration.end delete The bill would require begin delete officersend delete 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 begin delete anend delete officer is at a private residence without a warrant and in a nonemergency situation.
The bill would require
begin delete officersend delete to only use body-worn begin delete camerasend delete approved by the law enforcement agency that employs begin delete them,end delete and would prohibit removing, dismantling, or tampering with any components or parts of begin delete theend delete body-worn begin delete cameras.end delete The bill would prohibit peace begin delete officersend delete from using body-worn begin delete camerasend delete 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, begin delete officersend delete from using body-worn begin delete camerasend delete to record in a place where a reasonable expectation of privacy exists. The bill would begin delete require law enforcement agencies to retain videos for a minimum of one year, unless specified conditions apply. Theend delete bill would begin delete specifyend delete that begin delete requestsend delete for begin delete filesend delete from body-worn begin delete cameras are toend delete
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:
The Legislature finds and declares:
2(a) Twenty-first century policing demands more transparency
3in everyday interactions with the public. In light of a number of
4high profile use of force incidents involving law enforcement,
5body-worn cameras are seen as an important means toward
6achieving this goal.
P3 1(b) Several law enforcement agencies in California are already
2implementing body-worn camera programs. Because of the
3potential of this technology to document law enforcement
4interactions, we must be cognizant in protecting citizen privacy
5and not violate civil liberties.
6(c) The development of
begin delete statewide guidelines and compilation best practices will be necessary to ensure the public’s trust in
8law enforcement. The use of the portable video recording system
9provides documentary evidence for criminal investigations, internal
10or administrative investigations, and civil litigation.
11(d) The Legislature intends for officers to utilize body-worn
12cameras in accordance with the provisions in this act to maximize
13the effectiveness of the audio and video documentation to achieve
14operational objectives and to ensure evidence integrity.
begin delete 830.105end delete is added to the Penal Code, begin delete end delete16immediately following Section 830.10 begin delete,end delete to read:
begin deleteIf a end deletelaw enforcement agency requires a
19body-worn camera to be
begin delete wornend delete by a peace officer that the
begin delete employs, the agencyend delete shall comply with the
21requirements of this section.
22(b) (1) A peace officer equipped with a body-worn camera shall
23activate the camera when responding to calls for assistance and
24when performing law enforcement activities in the field, including,
25but not limited to, traffic or pedestrian stops, pursuits, arrests,
26searches, seizures, interrogations, and any other investigative or
27enforcement encounters in the field.
begin deletePeace officers end deleteshall begin delete testend delete
begin delete camerasend delete
32 prior to going
begin delete in to field activities and ensure the unit is properly
33 charged.end delete
begin deletePeace officers end deletewearing a body-worn camera
37shall position the camera on
begin delete theirend delete uniform to
39facilitate optimum recording field of view.
P4 1(c) (1) Both video and audio recording functions of body-worn
begin delete camerasend delete shall be activated when an officer is responding
3to a call for service or at the initiation of any other law enforcement
4or investigative encounter between a police officer and a member
5of the public. During
begin delete encountersend delete
with a member of
6the public, the
8 body-worn camera
begin delete shall not be deactivatedend delete until the conclusion of
begin deleteOfficers end deletemay stop recording when an arrestee is
11secured inside a fixed place of detention, as defined in paragraph
12(3) of subdivision (g) of Section 859.5.
13(3) The following shall apply during any
interview of a suspect
begin deletePeace officers end deleteshall record any interview of
16a suspect or witness in its entirety, unless subdivision (d) applies.
17(B) When recording interviews of a suspect or witness,
begin delete peace shall,
begin delete prior to the interview, record any rights under
19notification of rights, including, but not limited to,end delete
21Miranda v. Arizona (1966) 384 U.S. 436.
22(d) (1) A peace officer shall not operate a body-worn camera
23under the following circumstances:
24(A) In a hospital emergency room, when it would violate the
25expectation of privacy of
begin delete patients.end delete
26(B) During an ambulance response to an accident or illness
begin delete victims areend delete not involved in any criminal activity.
28(C) Situations where recording would risk the safety of a
29confidential informant or undercover peace officer.
30(D) During protests or demonstrations.end delete
begin deleteUnder the following circumstances, operation end deleteof
32a body-worn camera shall begin with the officer providing on
33camera notice to
begin delete personsend delete recorded that a body-worn
34camera is recording video, and provide the
begin delete personsend delete with
35the option to request that the body-worn camera be turned
begin delete off:end delete
37(A) When the subject of the recording is a victim of rape, incest,
38domestic violence, and other forms of domestic or sexual harm.
begin delete(i)end delete begin delete end deleteWhen
an officer is at a private residence without a
40warrant and in a nonemergency situation.
P5 1(ii)end delete
2 In the event of contradicting requests made by a
begin delete homeownerend delete
3 or renter, the contradicting requests shall
4be recorded on video and the peace officer shall continue to operate
5and record the encounter.
begin deletePeace end deleteofficer shall only use the body-worn
7camera systems issued and approved by the law enforcement
8agency that employs him or her for official police duties.
begin deleteUnauthorized use, duplication, or distribution of body-worn shall
10camera files are prohibited. Peace officers end delete
11not make copies of any body-worn camera file for
begin delete theirend delete
12 personal use
begin delete and are prohibited from usingend delete a recording
13device such as a phone camera or secondary video camera to record
14 body-worn camera
begin delete files.end delete
15(3) All recorded media, images, and audio from body-worn
16cameras are property of their respective law enforcement agency,
17and shall not be copied, released, or disseminated in any form or
18manner outside the parameters of this section without the written
19consent of the head of the agency, unless otherwise authorized by
21(4) Peace officersend delete
22 shall not remove, dismantle, or tamper with
23any hardware or software components or parts of
begin delete body
25(5) Peace officersend delete
shall not use body-worn camera functions,
27when there is no investigatory interaction with a member of the
28public, to record any personal conversation of or with another
29agency member or employee without the permission of the
30recorded member or employee.
begin deletePeace officers end deleteshall not use body-worn
begin delete camerasend delete to record non-work related activity or to record
33in places where a reasonable expectation of privacy exists.
34(2) A law enforcement agency or law enforcement officer shall
35not allow a computerized facial recognition program or application
36to be used with a body-worn camera or a recording made by a
37body-worn camera unless the use has been authorized by a warrant
38issued by a court.
begin deleteNothing in this section shall end deleterequire a
2peace officer, in a public venue, to cease recording an event,
3situation, or circumstance solely at the demand of
begin delete theend delete citizen.
4(g) (1) Unless paragraph (2) or (3) applies, a law enforcement
5agency shall retain video and audio recorded by a body-worn
6camera for a minimum of one year, after which it will be erased,
7destroyed, or recycled pursuant to Section 34090.6 of the
9(2) A law enforcement agency shall retain video and audio
10recorded by a body-worn camera under this section for 3 years
11under any of the following situations:
12(A) The recording is of an incident involving the use of force
13by a peace officer.
14(B) The recording is of an incident that leads to the detention
15or arrest of an individual.
16(C) The recording is relevant to a formal or informal complaint
17against a law enforcement officer or a law enforcement agency.
18(3) If evidence that may be relevant to a criminal prosecution
19is obtained from a recording made by a body-worn camera under
20this section, the law enforcement agency shall retain the recording
21for any time in addition to that specified in paragraphs (1) and (2),
22and in the same manner as is required by law for other evidence
23that may be relevant to a criminal prosecution.
25 Each law enforcement
begin delete agencyend delete shall conspicuously post its polices
27and procedures regarding body-worn cameras on its Internet Web
begin deletePeace officers end deletemay begin delete onlyend delete review begin delete theirend delete body-worn camera video after making begin delete theirend delete
32 initial statement and report in an administrative or criminal inquiry
34(2) When safe and practical, an on-scene supervisor may retrieve
35a body-worn camera from an officer. The supervisor shall be
begin delete assuringend delete the camera begin delete dateend delete is
37uploaded into the desired data processing and collection method.
39 (1) Any request from within a law enforcement agency for
40recordings from a body-worn camera from that agency shall be
P7 1completed by the system administrator with the approval of the
2head of the agency.
3(2) All other requests
4 shall be processed in accordance with the California Public Records
5Act (Chapter 3.5 (commencing with Section 6250) of Division 7
6of Title 1 of the Government Code).