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 and prohibitions on a law enforcement agency that requires a peace officer employed by the agency to use a body-worn 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. 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:
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.
7(b) Several law enforcement agencies in California are already
8implementing body-worn camera programs. Because of the
9potential of this technology to document law enforcement
10interactions, we must be cognizant in protecting citizen privacy
11and not violate civil liberties.
12(c) The development of best practices will be necessary to ensure
13the public’s trust in law enforcement. The use of the portable video
14recording system provides documentary evidence for criminal
15investigations, internal or administrative investigations, and civil
17(d) The Legislature intends for officers to utilize body-worn
18cameras in accordance with the provisions in this act to maximize
19the effectiveness of the audio and video documentation to achieve
20operational 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
23body-worn camera to be used by a peace officer that the agency
24employs shall comply with the following requirements:
P3 1(1) A law enforcement agency shall conspicuously post its
2policies and procedures regarding body-worn cameras on its
3Internet Web site.
4(2) A peace officer shall only use the body-worn camera systems
5issued and approved by the law enforcement agency that employs
6him or her for official police duties.
7(3) A peace officer shall not make copies of any body-worn
8camera files for his or her personal use or use a recording device
9such as a telephone camera or secondary video camera to record
10a body-worn camera file.
11(4) A peace officer shall not operate a body-worn camera under
12any of the following circumstances:
13(A) In a health facility or medical office when patients may be
14in view of the body-worn camera or when a health care practitioner
15is providing care to an individual.
16(B) During an ambulance response to an accident or illness
17where the victim is not involved in any criminal activity.
18(C) Situations where recording would risk the safety of a
19confidential informant or undercover peace officer.
20(5) Operation of a body-worn camera shall begin with the officer
21providing on-camera notice to a person being recorded that a
22body-worn camera is recording video, and provide the person with
23the option to request that the body-worn camera be turned off under
24both of the following circumstances:
25(A) When the subject of the video is a victim of rape, incest,
26domestic violence, or other forms of domestic or sexual harm.
27(B) When an officer is at a private residence without a warrant
28and in a nonemergency situation.
begin deleteWhere end deletea peace officer is involved in an incident
begin delete use of force or an incident resulting in injury or death,end delete
31 a peace officer may only review his or her
32body-worn camera video
begin delete onlyend delete after making his or her initial
begin delete report in an administrative or criminal inquiry or
34investigation. Onceend delete
35 a peace officer’s initial report has been submitted
begin delete approved and the officer has been interviewed by the show the officer the body-worn camera
37appropriate investigator, the investigator shallend delete
39video. The peace officer may be given the opportunity to provide
40additional information to supplement his or her
begin delete statement and may If
P4 1be asked additional questions by the investigators.end delete
2the review results in a modified report, both of the reports shall be
3provided to all parties to a civil, criminal, or administrative
24(b) In addition to subdivision (a), a law enforcement agency
25shall consider the following guidelines when adopting a body-worn
27(1) A peace officer equipped with a body-worn camera shall
28activate the camera when responding to calls for assistance and
29when performing law enforcement activities in the field, including,
30but not limited to, traffic or pedestrian stops, pursuits, arrests,
31searches, seizures, interrogations, and any other investigative or
32enforcement encounters in the field.
33(2) A peace officer shall ensure that a body-worn camera is fully
34functional, including, but not limited to, ensuring that the camera
35can be turned on and off and record video and audio, and that the
36camera is properly charged, prior to going into the field. A peace
37officer shall not violate a person’s reasonable expectation of
38 privacy when ensuring that a body-worn camera is fully functional
39pursuant to this paragraph.
P5 1(3) A peace officer wearing a body-worn camera shall position
2the camera on his or her chest, head, shoulder, collar, or any area
3above the mid-torso of his or her uniform to facilitate optimum
4recording field of view.
5(4) Both video and audio recording functions of a body-worn
6camera shall be activated when an officer is responding to a call
7for service or at the initiation of any other law enforcement or
8investigative encounter between a police officer and a member of
9the public. During an encounter with a member of the public, the
10officer shall notify the member of the public that the body-worn
11camera is recording, and shall not deactivate the body-worn camera
12until the conclusion of the encounter.
13(5) A peace officer may stop recording when an arrestee is
14secured inside a fixed place of detention, as defined in paragraph
15(3) of subdivision (g) of Section 859.5.
16(6) A peace officer shall record any interview of a suspect or
17witness in its entirety, unless paragraphs (4) and (5) of subdivision
19(7) When recording interviews of a
begin delete suspect or witness,end delete
20 a peace officer shall, where applicable, inform the suspect
begin delete or of his
or her rights under Miranda v. Arizona (1966) 384
23(8) In the event of contradicting requests made by a homeowner,
24occupant, or renter to stop recording the encounter, the
25contradicting requests shall be recorded on video and the peace
26officer shall continue to operate and record the encounter.
27(9) A peace officer shall not remove, dismantle, or tamper with
28any hardware or software components or parts of a body-worn
30(10) A peace officer shall not use body-worn camera functions,
31when there is no investigatory interaction with a member of the
32public, to record any personal conversation of or with another
33agency member or employee without the permission of the
34recorded member or employee.
35(11) A peace officer shall not use a body-worn camera to record
36 non-work-related activity or to record in places where a reasonable
37expectation of privacy exists.
38(12) A peace officer shall not allow a computerized facial
39recognition program or application to be used with a body-worn
P6 1camera or a recording made by a body-worn camera unless the
2use has been authorized by a warrant issued by a court.
3(13) When safe and practical, an on-scene supervisor may
4retrieve a body-worn camera from an officer. The supervisor shall
5be responsible for ensuring the camera data is uploaded into the
6desired data processing and collection method.
7(c) This section does not require a peace officer, in a public
8venue, to cease recording an event, situation, or circumstance
9solely at the demand of a citizen.
10(d) (1) Any request from within a law enforcement agency for
11recordings from a body-worn camera from that agency shall be
12completed by the system administrator with the approval of the
13head of the agency.
14(2) All other requests for recordings from a body-worn camera
15shall be processed in accordance with the California Public Records
16Act (Chapter 3.5 (commencing with Section 6250) of Division 7
17 of Title 1 of the Government Code).