AB 1069 — Public records: body-worn camera recordings.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
- Amended 03/26/19 - Amended Assembly Current pdf March 26, 2019
- Introduced 02/21/19 - Introduced pdf February 21, 2019
- AB1069 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Coms. on PUB. S. and JUD.
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From printer. May be heard in committee March 24.
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Read first time. To print.
Sponsors
- Rodriguez · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Rodriguez
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 1069 do?
- 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.
- Who sponsors AB 1069?
- AB 1069 is sponsored by Rodriguez.
- What is the current status of AB 1069?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 1069?
- Track AB 1069 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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