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
begin delete and prohibitionsend delete 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 begin delete site, and a prohibition on a peace officer operating a body-worn camera under certain circumstances. The bill would further require that when a peace officer is involved in an
incident involving a serious use of force, the officer may only review his or her body-worn camera video after making an initial statement and report. 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.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
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
begin delete law enforcement,end delete
5 body-worn cameras are seen as an important
6means toward achieving this goal.
begin delete law enforcementend delete agencies in
8California are already implementing body-worn camera programs.
9Because of the potential of this technology to document
begin delete law interactions, we must be
begin delete cognizant
11in protecting citizenend delete
12 privacy and not violate civil liberties.
13(c) The development of best practices will be necessary to
14the public’s trust in
begin delete law enforcement.end delete The use
begin delete the portable video recording systemend delete
16 provides documentary evidence for criminal investigations, internal
17or administrative investigations, and civil litigation.
4 The Legislature intends for officers to utilize body-worn
5cameras in accordance with the
begin delete provisionsend delete in this
6act to maximize the effectiveness of the audio and video
7documentation to achieve operational
begin delete objectivesend delete and
8to ensure evidence integrity.
Section 830.16 is added to the Penal Code, to read:
(a) A law enforcement agency that requires a
11body-worn camera to be used by a peace officer that the agency
12employs shall comply with the following requirements:
13(1) A law enforcement agency shall conspicuously post its
14policies and procedures regarding body-worn cameras on its
15Internet Web site.
16(2) A peace officer shall only use the body-worn camera systems
17issued and approved by the law enforcement agency that employs
18him or her for official police duties.
19(3) A peace officer shall not make copies of any body-worn
20camera files for his or her personal use or use a recording device
21such as a telephone camera or secondary video camera to record
22a body-worn camera file.
23(4) A peace officer shall not operate a body-worn camera under
24any of the following circumstances:
25(A) In a health facility or medical office when patients may be
26in view of the body-worn camera or when a health care practitioner
27is providing care to an individual.
28(B) During an ambulance response to an accident or illness
29where the victim is not involved in any criminal activity.
30(C) Situations where recording would risk the safety of a
31confidential informant or undercover peace officer.
32(5) Operation of a body-worn camera shall begin with the officer
33providing on-camera notice to a person being recorded that a
34body-worn camera is recording video, and provide the person with
35the option to request that the body-worn camera be turned off under
36both of the following circumstances:
37(A) When the subject of the video is a victim of rape, incest,
38domestic violence, or other forms of domestic or sexual harm.
39(B) When an officer is at a private residence without a warrant
40and in a nonemergency situation.
P5 1(6) (A) When a peace officer is involved in an incident
2involving a serious use of force, a peace officer may only review
3his or her body-worn camera video after making his or her initial
4statement and report.
5(B) (i) Once a peace officer’s initial report has been submitted
6and approved, a supervisor may show the peace officer the
7body-worn camera video. The peace officer may be given the
8opportunity to provide additional information to supplement his
9or her statement. If the review results in a modified report, both
10of the reports shall be provided to all parties to a civil, criminal,
11or administrative investigation. The fact that a modified or
12secondary report was prepared shall not be the sole basis for placing
13an officer on a Brady List.
14(ii) For the purposes of this subparagraph, “Brady List” means
15any system, index, list, or other record containing the names of
16peace officers whose personnel files are likely to contain evidence
17of dishonesty or bias, which is maintained by a prosecutorial
18agency or office in accordance with the holding in Brady v.
19Maryland (1963) 373 U.S. 83.
the purpose of subparagraph (A), “serious use of force”
21means any of the following:
22(i) Force resulting in death.
23(ii) Force resulting in a loss of consciousness.
24(iii) Force resulting in protracted loss, impairment, serious
25disfigurement, or function of any body part or organ.
26(iv) Weapon strike to the head.
27(v) Intentional firearm discharge at a person, regardless of injury.
28(vi) Unintentional firearm discharge if a person is injured as a
29result of the discharge.
30(b) In addition to subdivision (a), a law enforcement agency
31shall consider the following guidelines when adopting a body-worn
33(1) A peace officer equipped with a body-worn camera shall
34activate the camera when responding to calls for assistance and
35when performing law enforcement activities in the field, including,
36but not limited to, traffic or pedestrian stops, pursuits, arrests,
37searches, seizures, interrogations, and any other investigative or
38enforcement encounters in the field.
39(2) A peace officer shall ensure that a body-worn camera is fully
40functional, including, but not limited to, ensuring that the camera
P6 1can be turned on and off and record video and audio, and that the
2camera is properly charged, prior to going into the field. A peace
3officer shall not violate a person’s reasonable expectation of
4 privacy when ensuring that a body-worn camera is fully functional
5pursuant to this paragraph.
6(3) A peace officer wearing a body-worn camera shall position
7the camera on his or her chest, head, shoulder, collar, or any area
8above the mid-torso of his or her uniform to facilitate optimum
9recording field of view.
10(4) Both video and audio recording functions of a body-worn
11camera shall be activated when an officer is responding to a call
12for service or at the initiation of any other law enforcement or
13investigative encounter between a police officer and a member of
14the public. During an encounter with a member of the public, the
15officer shall notify the member of the public that the body-worn
16camera is recording, and shall not deactivate the body-worn camera
17until the conclusion of the encounter.
18(5) A peace 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(6) A peace officer shall record any interview of a suspect or
22witness in its entirety, unless paragraphs (4) and (5) of subdivision
24(7) When recording interviews of a suspect, a peace officer
25shall, where applicable, inform the suspect of his or her rights
26under Miranda v. Arizona (1966) 384 U.S. 436.
27(8) In the event of contradicting requests made by a homeowner,
28occupant, or renter to stop recording the encounter, the
29contradicting requests shall be recorded on video and the peace
30officer shall continue to operate and record the encounter.
31(9) A peace officer shall not remove, dismantle, or tamper with
32any hardware or software components or parts of a body-worn
34(10) A peace officer shall not use body-worn camera functions,
35when there is no investigatory interaction with a member of the
36public, to record any personal conversation of or with another
37agency member or employee without the permission of the
38recorded member or employee.
P7 1(11) A peace officer shall not use a body-worn camera to record
2 non-work-related activity or to record in places where a reasonable
3expectation of privacy exists.
4(12) A peace officer shall not allow a computerized facial
5recognition program or application to be used with a body-worn
6camera or a recording made by a body-worn camera unless the
7use has been authorized by a warrant issued by a court.
8(13) When safe and practical, an on-scene supervisor may
9retrieve a body-worn camera from an officer. The supervisor shall
10be responsible for ensuring the camera data is uploaded into the
11desired data processing and collection method.
12(c) This section does not require a peace officer, in a public
13venue, to cease recording an event, situation, or circumstance
14solely at the demand of a citizen.
15(d) (1) Any request from within a law enforcement agency for
16recordings from a body-worn camera from that agency shall be
17completed by the system administrator with the approval of the
18head of the agency.
19(2) All other requests for recordings from a body-worn camera
20shall be processed in accordance with the California Public Records
21Act (Chapter 3.5 (commencing with Section 6250) of Division 7
22 of Title 1 of the Government Code).
23(e) Any use of body-worn cameras by a peace officer not
24otherwise prescribed by this section or any other law is subject to
25bargaining pursuant to the Myers-Milias-Brown Act (Chapter 10
26(commencing with Section 3500) of Division 4 of Title 1 of the