BILL ANALYSIS Ó SB 175 Page 1 SENATE THIRD READING SB 175 (Huff and Gaines) As Amended August 17, 2015 Majority vote SENATE VOTE: 36-0 -------------------------------------------------------------------- |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+-----------------------+---------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+-----------------------+---------------------| |Privacy |11-0 |Gatto, Wilk, Baker, | | | | |Calderon, Chang, Chau, | | | | |Cooper, Dababneh, | | | | |Dahle, Gordon, Low | | | | | | | | | | | | -------------------------------------------------------------------- SUMMARY: 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 SB 175 Page 2 body-worn cameras. Specifically, this bill: 1)Provides that the policy shall be developed in accordance with the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Education Employee Relations Act, or the Higher Education Employer-Employee Relations Act, as applicable, with designated representatives of nonsupervisory officers. 2)States that the policy shall include, at minimum, all of the following: 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 by the department or agency; c) The procedures for, and limitations on, public access to recordings taken by body-worn cameras, in accordance with the California Public Records Act; 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; and, e) The training that will be provided on the use of body-worn cameras. 3)Provides that the policy shall be provided to each officer required to wear a body-worn camera. SB 175 Page 3 EXISTING LAW: 1)States that every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding $2,500, or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. 2)Defines "confidential communication" to include any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or any legislative, judicial, executive or administrative proceeding open to the public, or in any circumstance that the parties may reasonably expect that the communication may be overheard or recorded. 3)Provides that nothing in the sections prohibiting eavesdropping or wiretapping prohibits specified law enforcement officers or their assistants or deputies acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. SB 175 Page 4 COMMENTS: According to the author, "As pivotal events surrounding police use of force has 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. "BWC technology will only be as effective as its policies and procedure are. Having talked with members of numerous law enforcement agencies, a one-size-fits-all approach is unacceptable. Many agencies have already begun reaching out to community leaders and other agencies to provide policy recommendations regarding privacy rights, data storage, and accountability measures. It is vital that any legislative framework regarding BWC policies remain flexible so that local agencies can develop policies and procedures that lineup with community needs and agency resources. "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 that they serve, it is obvious that subsequent policies will eventually be developed on the natural. This particular Senate Bill is an essential forum from which to demonstrate the Legislature's commitment to keeping the discussion focused on the public safety and privacy rights of all citizens, including our peace officers, who are tasked with enormous responsibility to protect and to serve, while preserving the public's trust." Analysis Prepared by: Stella Choe / PUB. S. / (916) 319-3744 FN: 0001325 SB 175 Page 5