Mini-Briefing on Recent Legislation Affecting Law Enforcement Agencies (SB 1421 and AB 748) Michele Beal Bagneris, City Attorney/City Prosecutor Javan N. Rad, Chief Assistant City Attorney John W. Nam, Deputy City Attorney October 15, 2018

Background September 30, 2018 – Governor Brown signed SB 1421 (Skinner) and AB 748 (Ting) SB 1421 (disclosure of certain police officer personnel records) – effective January 1, 2019 AB 748 (disclosure of body-worn camera video in certain instances) – effective July 1, 2019

SB 1421 (Skinner) Police officer personnel records Previously confidential Certain records no longer confidential (subject to exceptions) Officer-involved shootings Uses of force involving resulting in death/great bodily injury Sustained findings of sexual assault Sustained findings of dishonesty

Disclosure Can be delayed between 60 days and 18 months from date of incident, depending on factors such as: Active criminal investigation District Attorney decision on filing charges Disclosure may reasonably interfere with criminal enforcement proceeding (with 180-day updates as needed) Active personnel (administrative review or IA) investigation

Timing of Disclosure If active administrative review or Internal Affairs Investigation, disclosure may be delayed No longer than 180 days after indicent 30 days after close of criminal investigation over officer’s use of force Whichever is later

Redaction/Exception Personal data or information Preserve anonymity of complainants and witnesses Confidential medical, financial, or other private information Reason to believe that disclosure of a record would pose a danger to the officer or another person Public interest in non-disclosure clearly outweighed by public interest in disclosure

AB 748 (Ting) Requires an agency to disclose video or audio of a “critical incident” in response to a Public Records Act request Goes into effect July 1, 2019

What is a “critical incident?” Officer-involved shooting, or Use of force causing great bodily injury or death

Relevant Video or Audio Video or audio relating to a “critical incident” Body worn camera footage Dash cameras Radio traffic 911 calls

Privacy Protections under AB 748 Can redact audio or video to protect reasonable expectations of privacy Unredacted copies must be released to the person whose privacy is at issue

Timing of Disclosure Disclosure can be delayed between 45 days and more than one year, depending on such factors as: Pending criminal, administrative, or Internal Affairs investigation, and disclosure would substantially interfere with the investigation Must reassess every 30 days

Conclusion Bills signed by Governor two weeks ago Go into effect January 2019 (SB 1421) and July 2019 (AB 748) Still some unanswered questions