SB 479

Under current law, if a law enforcement agency uses a body camera on a law

enforcement officer, the law enforcement agency is required to administer a written

policy regarding the use of body cameras. Under current law, the written policy is

required to cover any limitations the law enforcement agency imposes on which law

enforcement officers may wear a body camera, and any limitations on situations,

persons, or encounters that may be recorded by a body camera. Current law also

specifies data retention requirements for data from a body camera and specifies

when data from a body camera may be released to the public under the open records

law.

This bill does all of the following with respect to a body camera and a

dashboard-mounted camera used by law enforcement:

1. Requires the Law Enforcement Standards Board (LESB) to develop a

statewide policy for a law enforcement officer's use, maintenance, and storage of a

body camera or a dashboard-mounted camera, and data recorded by such a camera

by January 1, 2025. Under the bill, the policy developed by the LESB will replace

the policy of a law enforcement agency. Under the bill, the LESB policy must require

law enforcement officers to record every encounter with a civilian. Exceptions to this

standard must be specific and based on best practices under the bill.

2. Specifies that if a law enforcement officer intentionally violates a written

policy on body cameras by failing to use the camera, the law enforcement officer is

guilty of the crime of misconduct in public office, a Class I felony.

3. Specifies that a law enforcement agency that is using a body camera on a law

enforcement officer on the effective date of the bill is required to continue use of a

body camera on that law enforcement officer until January 1, 2025, when the LESB

policy will take effect.

4. Requires a law enforcement agency to provide body cameras to each of its law

enforcement officers and dashboard-mounted cameras for each of its vehicles by

January 1, 2025.

5. Requires a law enforcement agency to conduct periodic reviews of body

camera and dashboard-mounted camera footage for compliance with the law

enforcement agency's use of force policy. If the law enforcement agency determines,

as a result of such a periodic review, that a law enforcement officer has violated a use

of force policy, the bill requires that the law enforcement agency immediately

terminate employment of the law enforcement officer.

6. Applies to dashboard-mounted cameras the current data retention and open

records requirements for body cameras.

Also, under current law, a collective bargaining unit that represents law

enforcement officers may generally bargain wages, hours, and conditions of

employment. Under the bill, mandatory termination of employment for a violation

of a use of force policy that is discovered upon review of body camera or