BILL NUMBER: AB 1940	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 12, 2016

   An act to add  Section 6254.31 to the Government Code, and
to add  Section 832.19 to the Penal Code, relating to peace
officers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1940, as amended, Cooper. Peace officers: body-worn cameras:
policies and procedures. 
   (1) Existing 
    Existing  law requires law enforcement agencies,
departments, or entities to consider specified best practices
regarding the downloading and storage of body-worn camera data when
establishing policies and procedures for the implementation and
operation of a body-worn camera system, such as designating the
person responsible for downloading the recorded data from the
body-worn camera, and establishing when data should be downloaded to
ensure the data is entered into the system in a timely manner and the
cameras are properly maintained and ready for the next use.
   This bill would require a law enforcement agency, department, or
entity, if it employs peace officers and uses body-worn cameras for
those officers, to develop a body-worn camera policy. The bill would
require the policy to allow a peace officer to review his or her
body-worn camera video and audio recordings before making a report,
giving an internal affairs statement, or before any criminal or civil
proceeding. The bill would encourage the law enforcement agency,
department, or entity to include specified considerations in the
policy, including the time, place, circumstances, and duration in
which the body-worn camera is operational and the availability of the
policy to peace officers and members of the public. 
   (2) Existing law, the California Public Records Act, requires
state and local agencies to make their records available for public
inspection, unless an exemption from disclosure applies. 

   This bill would exempt body-worn camera recordings that depict the
use of force resulting in serious injury or death from public
disclosure pursuant to the act unless a judicial determination is
made, after the adjudication of any civil or criminal proceeding
related to the use of force incident, that the interest in public
disclosure outweighs the need to protect the individual right to
privacy.  
   (3) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect.
 
   (4) The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.  
   This bill would make legislative findings to that effect.
 
   (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 6254.31 is added to the
Government Code, to read:
   6254.31.  (a) A visual or audio recording made by a peace officer'
s body-worn camera during the performance of his or her duties that
depicts use of force resulting in serious injury or death is
confidential and shall not be disclosed to any member of the public
pursuant to this chapter unless it is determined that the interest in
public disclosure outweighs the need to protect the individual right
to privacy.
   (b) This determination is subject to a judicial order that shall
only occur after the adjudication of any civil or criminal proceeding
related to the use of force incident involving the peace officer.

   SEC. 2.   SECTION 1.   Section 832.19 is
added to the Penal Code, to read:
   832.19.  (a) (1) If a law enforcement agency, department, or
entity that employs peace officers uses body-worn cameras for those
officers, the agency, department, or entity shall develop a policy
relating to the use of body-worn cameras.
   (2) The following definitions shall apply to this section:
   (A) "Body-worn camera" means a device attached to the uniform or
body of a peace officer that records video, audio, or both, in a
digital or analog format.
   (B) "Peace officer" means any person designated as a peace officer
pursuant to this chapter.
   (b) (1) The policy shall allow a peace officer to review his or
her body-worn camera video and audio recordings before he or she
makes a report, is ordered to give an internal affairs statement, or
before any criminal or civil proceeding.
   (2) A peace officer is not required to review his or her body-worn
camera video and audio recordings before making a report, giving an
internal affairs statement, or before any criminal or civil
proceeding.
   (c) The policy shall be developed in accordance with the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4 of Title 1 of the Government Code) and the Ralph C. Dills
Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of
Title 1 of the Government Code).
   (d) In developing the policy, law enforcement agencies,
departments, or entities are encouraged to include the following in
the policy:
   (1) The time, place, circumstances, and duration in which the
body-worn camera shall be operational.
   (2) Which peace officers shall wear the body-worn camera and when
they shall wear it.
   (3) Prohibitions against the use of body-worn camera equipment and
footage in specified circumstances, such as when the peace officer
is off-duty.
   (4) The type of training and length of training required for
body-worn camera usage.
   (5) Public notification of field use of body-worn cameras,
including the circumstances in which citizens are to be notified that
they are being recorded.
   (6) The manner in which to document a citizen's refusal from being
recorded under certain circumstances.
   (7) The use of body-worn camera video and audio recordings in
internal affairs cases.
   (8) The use of body-worn camera video and audio recordings in
criminal and civil case preparation and testimony.
   (9) The transfer and use of body-worn camera video and audio
recordings to other law enforcement agencies, including establishing
what constitutes a need-to-know basis and what constitutes a
right-to-know basis.
   (10) The policy may be available to all peace officers in a
written form.
   (11) The policy may be available to the public for viewing.

       
  SEC. 3.    The Legislature finds and declares that
Section 1 of this act, which adds Section 6254.31 to the Government
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
   The need to protect individual privacy and the credibility and
integrity of official ongoing investigations and those persons
subject to those investigations from the public disclosure of video
and audio recordings captured by a body-worn camera outweighs the
interest in the public disclosure of that information. 

  SEC. 4.    The Legislature finds and declares that
Section 1 of this act, which adds Section 6254.31 to the Government
Code, furthers, within the meaning of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution, the
purposes of that constitutional section as it relates to the right of
public access to the meetings of local public bodies or the writings
of local public officials and local agencies. Pursuant to paragraph
(7) of subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   Protecting the privacy of a person whose image is captured by a
peace officer's body-worn camera enhances public safety, the
protection of individual rights, and the credibility and integrity of
official ongoing investigations and those persons subject to those
investigations, thereby furthering the purposes of Section 3 of
Article I of the California Constitution.  
  SEC. 5.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.