AB 1069

Bill Subjects

Abstract

Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. Existing law requires specified information regarding the investigation of crimes to be disclosed to the public unless disclosure would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation. Existing law, commencing July 1, 2019, allows a video or audio recording that relates to a critical incident, as defined, to be withheld for a limited period of time, as specified. Existing law also allows the recording to be withheld if the public interest in withholding video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, in which case existing law authorizes the recording to be redacted to protect that interest. This bill would authorize a video or audio recording made with a body-worn camera to be disclosed only if it relates to a depiction of the commission of a crime, a depiction of an incident in which officer misconduct is alleged, a depiction of a tactical response to an incident of significance, including, but not limited to, a terrorist attack or mass shooting, or a depiction of an officer-involved shooting or use of force. The bill would require recordings that are eligible for release, to the extent possible, to be redacted to protect the privacy of the victim or other parties, as specified. By requiring additional redaction by local law enforcement, this bill would impose a state-mandated local program. 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. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.