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 requirements on a law enforcement agency that requires a peace officer employed by the agency to use a body-worn
begin 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 delete
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:
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
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.
Section 830.16 is added to the Penal Code, to read:
(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 the
begin delete requirements of this section.end delete
30(b) (1) Aend delete
31 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.
8(c) (1)end delete
9 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.
17(2) Anend delete
18 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.
21(3) The following shall apply during any
interview of a suspect
24 A peace officer shall record any interview of a suspect or
25witness in its entirety, unless
begin delete subdivision (d) applies.end delete
28 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.
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.
an officer is at a private residence without a warrant
7and in a nonemergency situation.
9 In the event of contradicting requests made by a
begin delete renter,end delete the
11contradicting requests shall be recorded on video and the peace
12officer shall continue to operate and record the encounter.
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.
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.
begin delete Peaceend delete officer shall not remove, dismantle, or tamper
22with any hardware or software components or parts of a body-worn
25 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.
30(f) (1)end delete
31A peace officer shall not use a body-worn
camera to record
begin delete non-work relatedend delete activity or to record in places
33where a reasonable expectation of privacy exists.
begin delete law enforcement agency or law enforcementend delete
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.
6 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.
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.
20 (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).