Amended in Assembly April 20, 2015

Amended in Assembly April 9, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 66


Introduced by Assembly Member Weber

(Principal coauthor: Assembly Member Bonta)

(Coauthor: Assembly Member Rodriguez)

December 17, 2014


An act to add Section 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 impose specified requirementsbegin insert and prohibitionsend insert on a law enforcement agency that requires a peace officer employed by the agency to use a body-wornbegin delete camera. The bill would require 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 camera during 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 a peace officer from using a body-worn camera in a hospital emergency room when it would violate the privacy expectations of a patient, during an ambulance response to an accident or illness when the victim is not involved in criminal activity, or when it would risk the safety of a confidential informant or undercover peace officer. The bill would require 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 a peace officer is at a private residence without a warrant and in a nonemergency situation.end deletebegin insert camera, including, among other things, a requirement that the agency conspicuously post its policies and procedures regarding body-worn cameras on its Internet Web site, and a prohibition on a peace officer operating a body-worn camera under certain circumstances. The bill would also require those law enforcement agencies to consider specified guidelines when adopting a body-worn camera policy, including, among others, a requirement that a peace officer equipped with a body worn camera activate the camera when responding to calls for assistance and when performing law enforcement activities in the field.end insert

begin deleteThe bill would require a peace officer to only use a body-worn camera issued and approved by the law enforcement agency that employs the officer, and would prohibit removing, dismantling, or tampering with any components or parts of a body-worn camera. The bill would prohibit a peace officer from using a body-worn 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, a peace officer from using a body-worn camera to record in a place where a reasonable expectation of privacy exists. The bill would 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.end delete Except as provided, the bill would specifically require that a request for a file from a body-worn 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:

P2    1

SECTION 1.  

The Legislature finds and declares:

P3    1(a) Twenty-first century policing demands more transparency
2in everyday interactions with the public. In light of a number of
3high profile use of force incidents involving law enforcement,
4body-worn cameras are seen as an important means toward
5achieving this goal.

6(b) Several law enforcement agencies in California are already
7implementing body-worn camera programs. Because of the
8potential of this technology to document law enforcement
9interactions, we must be cognizant in protecting citizen privacy
10and not violate civil liberties.

11(c) The development of best practices will be necessary to ensure
12the public’s trust in law enforcement. The use of the portable video
13recording system provides documentary evidence for criminal
14investigations, internal or administrative investigations, and civil
15litigation.

16(d) The Legislature intends for officers to utilize body-worn
17cameras in accordance with the provisions in this act to maximize
18the effectiveness of the audio and video documentation to achieve
19operational objectives and to ensure evidence integrity.

20

SEC. 2.  

Section 830.16 is added to the Penal Code, to read:

21

830.16.  

(a) A law enforcement agency that requires a
22body-worn camera to be used by a peace officer that the agency
23employs shall comply with thebegin delete requirements of this section.end delete
24begin insert following requirements:end insert

begin insert

25(1) A law enforcement agency shall conspicuously post its
26policies and procedures regarding body-worn cameras on its
27Internet Web site.

end insert
begin insert

28(2) A peace officer shall only use the body-worn camera systems
29issued and approved by the law enforcement agency that employs
30him or her for official police duties.

end insert
begin insert

31(3) A peace officer shall not make copies of any body-worn
32camera files for his or her personal use or use a recording device
33such as a telephone camera or secondary video camera to record
34a body-worn camera file.

end insert
begin insert

35(4) A peace officer shall not operate a body-worn camera under
36any of the following circumstances:

end insert
begin insert

37(A) In a health facility or medical office when patients may be
38in view of the body-worn camera or when a health care practitioner
39is providing care to an individual.

end insert
begin insert

P4    1(B) During an ambulance response to an accident or illness
2where the victim is not involved in any criminal activity.

end insert
begin insert

3(C) Situations where recording would risk the safety of a
4confidential informant or undercover peace officer.

end insert
begin insert

5(5) Operation of a body-worn camera shall begin with the officer
6providing on-camera notice to a person being recorded that a
7body-worn camera is recording video, and provide the person with
8the option to request that the body-worn camera be turned off
9under both of the following circumstances:

end insert
begin insert

10(A) When the subject of the video is a victim of rape, incest,
11domestic violence, or other forms of domestic or sexual harm.

end insert
begin insert

12(B) When an officer is at a private residence without a warrant
13and in a nonemergency situation.

end insert
begin insert

14(6) Where a peace officer is involved in an incident involving
15use of force or an incident resulting in injury or death, a peace
16officer may only review his or her body-worn camera video only
17after making his or her initial statement and report in an
18administrative or criminal inquiry or investigation. Once a peace
19officer’s initial report has been submitted and approved and the
20officer has been interviewed by the appropriate investigator, the
21investigator shall show the officer the body-worn camera video.
22The peace officer may be given the opportunity to provide
23additional information to supplement his or her statement and may
24be asked additional questions by the investigators. If the review
25results in a modified report, both of the reports shall be provided
26to all parties to a civil, criminal, or administrative investigation.

end insert
begin insert

27(b) In addition to subdivision (a), a law enforcement agency
28shall consider the following guidelines when adopting a body-worn
29camera policy:

end insert
begin delete

30(b) (1) A

end delete

31begin insert(1)end insertbegin insertend insertbegin insertAend insert peace officer equipped with a body-worn camera shall
32activate the camera when responding to calls for assistance and
33when performing law enforcement activities in the field, including,
34but not limited to, traffic or pedestrian stops, pursuits, arrests,
35searches, seizures, interrogations, and any other investigative or
36enforcement encounters in the field.

37(2) A peace officer shall ensure that a body-worn camera is fully
38functional, including, but not limited to, ensuring that the camera
39can be turned on and off and record video and audio, and that the
40camera is properly charged, prior to going into the field. A peace
P5    1officer shall not violate a person’s reasonable expectation of
2 privacy when ensuring that a body-worn camera is fully functional
3pursuant to this paragraph.

4(3) A peace officer wearing a body-worn camera shall position
5the camera on his or her chest, head, shoulder, collar, or any area
6above the mid-torso of his or her uniform to facilitate optimum
7recording field of view.

begin delete

8(c) (1) 

end delete

9begin insert(4)end insertbegin insertend insert Both video and audio recording functions of a body-worn
10camera shall be activated when an officer is responding to a call
11for service or at the initiation of any other law enforcement or
12investigative encounter between a police officer and a member of
13the public. During an encounter with a member of the public, the
14officer shall notify the member of the public that the body-worn
15camera is recording, and shall not deactivate the body-worn camera
16until the conclusion of the encounter.

begin delete

17(2) An

end delete

18begin insert(end insertbegin insert5)end insertbegin insertend insertbegin insertA peaceend insert officer may stop recording when an arrestee is
19secured inside a fixed place of detention, as defined in paragraph
20(3) of subdivision (g) of Section 859.5.

begin delete

21(3) The following shall apply during any interview of a suspect
22or witness:

23(A)

end delete

24begin insert(end insertbegin insert6)end insert A peace officer shall record any interview of a suspect or
25witness in its entirety, unlessbegin delete subdivision (d) applies.end deletebegin insert paragraphs
26(4) and (5) of subdivision (a) apply.end insert

begin delete

27(B)

end delete

28begin insert(end insertbegin insert7)end insert When recording interviews of a suspect or witness, a peace
29officer shall, where applicable, inform the suspect or witness of
30his or her rights under Miranda v. Arizona (1966) 384 U.S. 436.

begin delete

31(d) (1) A peace officer shall not operate a body-worn camera
32under the following circumstances:

33(A) In a hospital emergency room, when it would violate the
34expectation of privacy of a patient.

35(B) During an ambulance response to an accident or illness
36where the victim is not involved in any criminal activity.

37(C) Situations where recording would risk the safety of a
38confidential informant or undercover peace officer.

39(2) Operation of a body-worn camera shall begin with the officer
40providing on camera notice to a person being recorded that a
P6    1body-worn camera is recording video, and provide the person with
2the option to request that the body-worn camera be turned off under
3the following circumstances:

4(A) When the subject of the recording is a victim of rape, incest,
5domestic violence, and other forms of domestic or sexual harm.

6(B) When an officer is at a private residence without a warrant
7and in a nonemergency situation.

8(3)

end delete

9begin insert(end insertbegin insert8)end insert In the event of contradicting requests made by a homeowner,
10occupant, orbegin delete renter,end deletebegin insert renter to stop recording the encounter,end insert the
11contradicting requests shall be recorded on video and the peace
12officer shall continue to operate and record the encounter.

begin delete

13(e) (1) A peace officer shall only use the body-worn camera
14systems issued and approved by the law enforcement agency that
15employs him or her for official police duties.

16(2) A peace officer shall not make copies of any body-worn
17camera file for his or her personal use or use a recording device
18such as a phone camera or secondary video camera to record a
19body-worn camera file.

20(3)

end delete

21begin insert(9)end insert Abegin delete Peaceend deletebegin insert peaceend insert officer shall not remove, dismantle, or tamper
22with any hardware or software components or parts of a body-worn
23camera.

begin delete

24(4)

end delete

25begin insert(10)end insert A peace officer shall not use body-worn camera functions,
26when there is no investigatory interaction with a member of the
27public, to record any personal conversation of or with another
28agency member or employee without the permission of the
29recorded member or employee.

begin delete

30(f) (1) 

end delete

31begin insert(11)end insertbegin insertend insertA peace officer shall not use a body-worn camera to record
32begin delete non-work relatedend deletebegin insert non-workend insertbegin insert-relatedend insert activity or to record in places
33where a reasonable expectation of privacy exists.

begin delete

34(2)

end delete

35begin insert(12)end insert Abegin delete law enforcement agency or law enforcementend deletebegin insert peaceend insert
36 officer shall not allow a computerized facial recognition program
37or application to be used with a body-worn camera or a recording
38made by a body-worn camera unless the use has been authorized
39by a warrant issued by a court.

begin insert

P7    1(13) When safe and practical, an on-scene supervisor may
2retrieve a body-worn camera from an officer. The supervisor shall
3be responsible for ensuring the camera data is uploaded into the
4desired data processing and collection method.

end insert
begin delete

5(3)

end delete

6begin insert(end insertbegin insertc)end insert This section does not require a peace officer, in a public
7venue, to cease recording an event, situation, or circumstance
8solely at the demand of a citizen.

begin delete

9(g) Each law enforcement agency, subject to the requirements
10of this section, shall conspicuously post its polices and procedures
11regarding body-worn cameras on its Internet Web site.

12(h) (1) A peace officer may review his or her body-worn camera
13video only after making his or her initial statement and report in
14an administrative or criminal inquiry or investigation.

15(2) When safe and practical, an on-scene supervisor may retrieve
16a body-worn camera from an officer. The supervisor shall be
17responsible for ensuring that the camera data is uploaded into the
18desired data processing and collection method.

19(i)

end delete

20begin insert(end insertbegin insertd)end insert (1) Any request from within a law enforcement agency for
21recordings from a body-worn camera from that agency shall be
22completed by the system administrator with the approval of the
23head of the agency.

24(2) All other requests for recordings from a body-worn camera
25shall be processed in accordance with the California Public Records
26Act (Chapter 3.5 (commencing with Section 6250) of Division 7
27 of Title 1 of the Government Code).



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