BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 175


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          Date of Hearing:   July 7, 2015


                ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION


                                  Mike Gatto, Chair


          SB  
          175 (Huff) - As Amended June 18, 2015


          SENATE VOTE:  36-0


          SUBJECT:  Peace officers: body-worn cameras.


          SUMMARY:  Requires law enforcement departments and agencies that  
          use body-worn cameras to develop a policy for their use, and  
          requires the policy to address the operational use of the  
          cameras, storage of data, provisions for internal and public  
          access and review of data, and training.  Specifically, this  
          bill:  


          1)Requires 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.


          2)Requires the policy to be developed in collaboration with  
            nonsupervisory peace officers.


          3)Requires the policy to specify the following:









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               a)     The duration, time, and place that body-worn cameras  
                 shall be worn and operational.



               b)     The length of time video collected by officers will  
                 be stored.



               c)     The procedures for, and limitations on, public  
                 access to recordings taken by body-worn cameras.



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



               e)     The training that will be provided on the use of  
                 body-worn cameras.



          4)Requires that the policy be provided to each officer required  
            to wear a body-worn camera.
          EXISTING LAW:   


          1)Makes it a crime to intentionally record a confidential  
            communication without the consent of all parties to the  
            communication.  (Penal Code (PC) Section 632(a))


          2)Exempts specified peace officers from consent requirements for  








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            the recording of confidential communications if they are  
            acting within the scope of their authority.  (PC 633)


          3)Generally requires, pursuant to the California Public Records  
            Act (CPRA), that public agencies disclose a government record  
            to the public upon request, unless there is a specific reason  
            to withhold it or if a public agency can establish that the  
            public interest in nondisclosure clearly outweighs the public  
            interest in disclosure.  (Government Code Section 6250, et  
            seq.)


          FISCAL EFFECT:  None.  This bill is keyed nonfiscal by the  
          Legislative Counsel.


          COMMENTS:  


           1)Purpose of this bill  .  This bill is intended to require the  
            creation of a formal policy governing the use of body-worn  
            cameras by law enforcement agencies and requires that policy  
            to address a variety of issues regarding use of the camera and  
            access to the data, but without specifying what those policies  
            should be.  SB 175 is author-sponsored.


           2)Author's statement  .  According to the author, "As pivotal  
            events surrounding police use of force have become the focus  
            of important national debate, it is necessary to explore law  
            enforcement use of body worn camera (BWC) technology as a  
            statewide concern.  SB 175 addresses the fact that BWC  
            technology is relatively new and some agencies have started  
            using BWC's without providing comprehensive policies for their  
            use..."   











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          "SB 175 demonstrates an even-handed approach to a serious public  
            safety issue.  While it is clear that law enforcement agencies  
            welcome BWC technology for the good of their departments and  
            the public they serve, it is obvious that subsequent policies  
            will eventually be developed on the natural?  
            "According to PORAC in a letter dated March 2, 2015 to Senator  
            Huff and Assemblymember Weber, 'Unfortunately, there are also  
            agencies that have begun the use of body cameras with no  
            structured polices in place, putting the privacy of officers  
            and the public in jeopardy, and leaving officers unprotected  
            when it comes to potential personnel issues.  We are learning  
            as an organization from the experiences of our members on the  
            ground.'



            "?[E]stablishing a BWC program should be done at the local  
            level with local stakeholders and local policymakers.  In  
            order for BWC programs to be successful, the program needs  
            support from the community and the frontline officers who will  
            be wearing the cameras."  
           3)The use of body-worn cameras in law enforcement  .  As a result  
            of a string of well-publicized incidents involving the use of  
            force by law enforcement officers against African-American  
            men, beginning with the shooting of Michael Brown in Ferguson,  
            Missouri on August 9, 2014, a public debate has emerged over  
            the use of body-worn cameras by peace officers.  According to  
            the National Conference of State Legislatures, there are no  
            fewer than 30 states currently considering some form of  
            legislation on the topic.



          A body-worn camera is a small video camera - typically attached  
            to an officer's clothing, helmet or sunglasses - that can  
            capture, from an officer's point of view, video and audio  
            recordings of activities, including traffic stops, arrests,  
            searches, interrogations, and critical incidents such as  
            officer-involved shootings. 








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          There is substantial evidence to suggest that body-worn cameras  
            can have positive effects on policing.  A 2012 study of the  
            Rialto, CA police department's use of body-worn cameras found  
            that the devices were correlated with a 60% reduction in  
            officer use of force incidents following camera deployment,  
            with twice the number of use of force incidents reported among  
            the group of officers without cameras.  The report also found  
            an 88% reduction in the number of citizens' complaints in the  
            year after cameras were introduced.  To explain the effect of  
            body-worn cameras, the Rialto Chief of Police was quoted as  
            saying, "Whether the reduced number of complaints was because  
            of the officers behaving better or the citizens behaving  
            better - well, it was probably a little bit of both."

          According to a November 2014, report by the U.S. Department of  
            Justice's Office of Community Oriented Policing Services and  
            the Police Executive Research Forum, a broad survey of police  
            departments that had deployed body-worn cameras has many  
            benefits: "body-worn cameras are useful for documenting  
            evidence; officer training; preventing and resolving  
            complaints brought by members of the public; and strengthening  
            police transparency, performance and  
            accountability...body-worn cameras [also] help police  
            departments ensure events are also captured from an officer's  
            perspective."  However, the report also notes that "[t]he use  
            of body-worn cameras also raises important questions about  
            privacy and trust."  
           4)The California Public Records Act  .  Video and audio data  
            produced by peace officers with body-worn cameras is  
            considered a public record under the CPRA, and is therefore  
            subject to disclosure to the public unless otherwise exempt.  



          The CPRA generally requires public agencies to respond to a  
            records request within 10 days, and make eligible public  
            records promptly available to a requester who pays the direct  
            costs of duplication.  In order to withhold a record, a public  








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            agency must demonstrate that a record is exempt under express  
            provisions of the CPRA, or else must show that "on the facts  
            of the particular case the public interest served by not  
            disclosing the record clearly outweighs the public interest  
            served by disclosure of the record."  Whenever a state or  
            local agency discloses a public record that would otherwise be  
            exempt, that disclosure constitutes a waiver of the exemption.  
             

          The CPRA provides a detailed list of information and documents  
            that are exempt from disclosure, including: personnel files  
            and records of complaints or investigatory or security files  
            complied by state or local law enforcement agencies, although  
            specified written information must be provided regarding the  
            individuals involved in those incidents or investigations.  

           5)Arguments in support  .  According to the California Police  
            Chiefs Association, "We concur that agencies that elect to  
            utilize body worn cameras should have an inclusive and vetted  
            policy in place prior to the implementation of the agency's  
            body worn camera program.  SB 175 allows for local discretion  
            in the creation of agency policies.  This approach allows each  
            agency to develop and implement the best policy for their  
            department and community."



          The League of California Cities writes, "This measure is an  
            important initial step in assisting local governments, and  
            local agencies specifically, in managing the voluntary  
            acquisition and use of this technology?It is significant that  
            this legislation specifies that the body camera policy is to  
            be developed in collaboration with non-supervisory officers,  
            and that it otherwise lays out broad guidelines for the  
            components of the policy.  The former provision can be  
            expected to promote the acceptance of any policy by peace  
            officers unions, assisting the management within police  
            departments in implementing this transition.  The latter  
            provision provides much needed local flexibility." 








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           6)Related Legislation.   AB 65 (Alejo) redirects funds from the  
            Driver Training Penalty Assessment Fund and allocates that  
            money to the Board of State and Community Corrections to be  
            used to fund local law enforcement agencies to operate a  
            body-worn camera program.  AB 65 was held in the Assembly  
            Appropriations Committee.  





             AB 66 (Weber) establishes mandatory requirements and  
            recommended guidelines for the use of body-worn cameras by  
            peace officers and the handling of the resulting video and  
            audio data.  AB 66 was passed by this Committee on a 6-0 vote,  
            and was held in the Assembly Appropriations Committee



            AB 69 (Rodriguez) specifies a set of best practices that a law  
            enforcement agency, department or entity establishing policies  
            and procedures for the implementation and operation of a  
            body-worn camera system must consider.  AB 69 was passed by  
            this Committee on an 11-0 vote, and is set for hearing in the  
            Senate Public Safety Committee on July 17, 2015.
             
             AB 1246 (Quirk) prohibits the disclosure of a recording made  
            by a body-worn camera, except to the person whose image is  
            recorded by the body worn camera.  AB 1246 was held in the  
            Assembly Public Safety Committee. 





           7)Double-referral  .  This bill was double-referred to the  
            Assembly Public Safety Committee, where it was heard on June  
            16, 2015, and passed on a 7-0 vote. 








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Peace Officers' Association


          California Police Chiefs Association


          California State Lodge, Fraternal Order of Police 


          City of Santa Barbara


          League of California Cities


          Long Beach Police Officers Association


          Los Angeles County District Attorney's Office


          Los Angeles County Professional Peace Officers Association
          Marin County Council of Mayors and Councilmembers


          Peace Officers Research Association of California (PORAC)


          Sacramento County Deputy Sheriffs' Association








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          Santa Ana Police Officers Association




          Opposition


          None on file. 




          Analysis Prepared by:Hank Dempsey / P. & C.P. / (916)  
          319-2200