Amended in Assembly August 17, 2015

Amended in Assembly June 18, 2015

Amended in Senate April 21, 2015

Amended in Senate March 23, 2015

Senate BillNo. 175


Introduced by Senators Huff and Gaines

(Principal coauthor: Assembly Member Chang)

(Coauthor: Senator Bates)

February 9, 2015


An act to add Section 830.105 to the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 175, as amended, Huff. Peace officers: body-worn cameras.

Existing law requires agencies that employ peace officers to establish a procedure for the investigation of complaints by the public against peace officers and requires a written description of the procedure to be available to the public.

This bill would require each department or agency that employs peace officers and that elects to require those peace officers to wear body-worn cameras to develop a policy relating to the use of body-worn cameras. The bill would require the policy to be developed inbegin delete collaboration withend deletebegin insert accordance with specified acts governing employee organizations, with designated representatives ofend insert nonsupervisory officers and to include certain provisions, including, among others, the duration, time, and place that body-worn cameras shall be worn and operational. The bill would also require the policy to be provided to each officer required to wear a body-worn camera.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 830.105 is added to the Penal Code, 2immediately following Section 830.10, to read:

3

830.105.  

(a) Each department or agency that employs peace
4officers and that elects to require those peace officers to wear
5body-worn cameras shall develop a policy relating to the use of
6body-worn cameras.

7(b) A policy described in subdivision (a) shall be developed in
8begin delete collaboration withend deletebegin insert accordance with the Meyers-Milias-Brown Act
9(Chapter 10 (commencing with Section 3500) of Division 4 of Title
101 of the Government Code), the Ralph C. Dills Act (Chapter 10.3
11(commencing with Section 3512) of Division 4 of Title 1 of the
12Government Code), the Education Employee Relations Act
13(Chapter 10.7 (commencing with Section 3540) of Division 4 of
14Title 1 of the Government Code), or the Higher Education
15Employer-Employee Relations Act (Chapter 12 (commencing with
16Section 3560) of Division 4 of Title 1 of the Government Code),
17as applicable, with designated representatives ofend insert
nonsupervisory
18officers and shall include, at a minimum, all of the following:

19(1) The duration, time, and place that body-worn cameras shall
20be worn and operational.

21(2) The length of time video collected by officers will be stored
22by the department or agency.

23(3) The procedures for, and limitations on, public access to
24recordings taken by body-worn cameras, in accordance with the
25California Public Records Act (Chapter 3.5 (commencing with
26Section 6250) of Division 7 of Title 1 of the Government Code).

27(4) The process for accessing and reviewing recorded data,
28including, but not limited to, the persons authorized to access data
29and the circumstances in which recorded data may be reviewed.

30(5) The training that will be provided on the use of body-worn
31cameras.

32(c) The policy adopted pursuant to this section shall be provided
33to each officer required to wear a body-worn camera.



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