1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

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

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

10. 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

11. 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

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