AB 65: Local law enforcement: body-worn cameras: grant program.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-03-19
Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment.
This bill would appropriate an unspecified sum from the General Fund to the Department of Justice for purposes of matching federal funds available to purchase body-worn cameras and related equipment for use by local peace officers. The bill would require the department to develop a matching grant program for local jurisdictions that would either allow the state to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for purposes of obtaining federal matching funds for body-worn cameras, as described.
This bill would require the Board of State and Community Corrections to develop a grant program to make funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The bill would create the Body-worn Camera Fund, that would continuously appropriate funds to the board for those purposes.
Existing law creates the State Penalty Fund into which moneys collected by the courts from the imposition of fines, forfeitures, or penalties on criminal offenses are deposited. Once a month, certain percentages of money in that fund are transferred into other funds, including, among others, the Driver Training Penalty Assessment Fund.
This bill would delete the transfer requirement for the Driver Training Penalty Assessment Fund and instead require a transfer to the Body-worn Camera Fund.
By transferring general fund moneys into a continuously appropriated fund, this bill would make an appropriation.
Existing law generally requires local agencies to provide each newly hired police officer and deputy sheriff with a pistol and other specified equipment.
This bill would appropriate an unspecified sum from the General Fund to the Department of Justice for purposes of matching federal funds available to purchase body-worn cameras and related equipment for use by local peace officers. The bill would require the department to develop a matching grant program for local jurisdictions that would either allow the state to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for purposes of obtaining federal matching funds for body-worn cameras, as described.
(a)(1)Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.
(2)Any bail schedule adopted pursuant to Section 1269b or bail schedule adopted by the Judicial Council pursuant to Section 40310 of the Vehicle Code may include the necessary amount to pay the penalties established by this section and Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and the surcharge authorized by Section 1465.7, for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine.
(3)The penalty imposed by this section does not apply to the following:
(A)Any restitution fine.
(B)Any penalty authorized by Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code.
(C)Any parking offense subject to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D)The state surcharge authorized by Section 1465.7.
(b)Where multiple offenses are involved, the state penalty shall be based upon the total fine or bail for each case. When a fine is suspended, in whole or in part, the state penalty shall be reduced in proportion to the suspension.
(c)When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the state penalty prescribed by this section for forfeited bail. If bail is returned, the state penalty paid thereon pursuant to this section shall also be returned.
(d)In any case where a person convicted of any offense, to which this section applies, is in prison until the fine is satisfied, the judge may waive all or any part of the state penalty, the payment of which would work a hardship on the person convicted or his or her immediate family.
(e)After a determination by the court of the amount due, the clerk of the court shall collect the penalty and transmit it to the county treasury. The portion thereof attributable to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code shall be deposited in the appropriate county fund and 70 percent of the balance shall then be transmitted to the State Treasury, to be deposited in the State Penalty Fund, which is hereby created, and 30 percent to remain on deposit in the county general fund. The transmission to the State Treasury shall be carried out in the same manner as fines collected for the state by a county.
(f)The moneys so deposited in the State Penalty Fund shall be distributed as follows:
(1)Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and Game Wildlife.
(2)Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with Section 13967 of the Government Code.
(3)Once a month there shall be transferred into the Peace Officers Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(4)Once a month there shall be transferred into the Driver Training Penalty Assessment Fund Body-worn Camera Fund an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(5)Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act.
(6)Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund established pursuant to Section 11503 an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of eight hundred fifty thousand dollars ($850,000) in any fiscal year. The remainder in excess of eight hundred fifty thousand dollars ($850,000) shall be transferred to the Restitution Fund.
(7)Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
(8)(A)Once a month there shall be transferred into the Traumatic Brain Injury Fund, created pursuant to Section 4358 of the Welfare and Institutions Code, an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month. However, the amount of funds transferred into the Traumatic Brain Injury Fund for the 199697 fiscal year shall not exceed the amount of five hundred thousand dollars ($500,000). Thereafter, funds shall be transferred pursuant to the requirements of this section. Notwithstanding any other provision of law, the funds transferred into the Traumatic Brain Injury Fund for the 199798, 199899, and 19992000 fiscal years, may be expended by the State Department of Mental Health, in the current fiscal year or a subsequent fiscal year, to provide additional funding to the existing projects funded by the Traumatic Brain Injury Fund, to support new projects, or to do both.
(B)Any moneys deposited in the State Penalty Fund attributable to the assessments made pursuant to subdivision (i) of Section 27315 of the Vehicle Code on or after the date that Chapter 6.6 (commencing with Section 5564) of Part 1 of Division 5 of the Welfare and Institutions Code is repealed shall be utilized in accordance with paragraphs (1) to (8), inclusive, of this subdivision.
SECTION 1.SEC. 2.Title 14 (commencing with Section 14400) is added to Part 4 of the Penal Code, to read:14.Body-Worn Camera Matching Grant Program for Local Law Enforcement14400.The Department of Justice Board of State and Community Corrections shall develop a matching grant program for the purpose of matching federal making funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program. The matching grant program shall allow the state either to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for federal matching fund purposes.
14402.The state matching grant program shall comport with requirements of the federal matching fund program for purposes of purchasing body-worn cameras for use by local peace officers.
14402.The Body-worn Camera Fund is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the Board of State and Community Corrections for the purposes of Section 14400.
14404.If federal funds become available for the purpose of purchasing body-worn cameras and related equipment for local law enforcement, the Board of State and Community Corrections shall adjust the grant program to maximize state and local competitiveness in obtaining federal funds, and the board shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes.
SEC. 2.There is hereby appropriated from the General Fund to the Department of Justice, the amount of ____ dollars ($____) for the purpose of matching federal funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment.
The Department of Justice shall develop a matching grant program for the purpose of matching federal funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment. The matching grant program shall allow the state either to apply for federal matching funds on behalf of a local law enforcement entity, or to reimburse a local law enforcement entity that has expended its funds for federal matching fund purposes.
14402.The state matching grant program shall comport with requirements of the federal matching fund program for purposes of purchasing body-worn cameras for use by local peace officers.
SEC. 2.There is hereby appropriated from the General Fund to the Department of Justice, the amount of ____ dollars ($____) for the purpose of matching federal funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment.
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Date
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Status
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| Dec 17, 2014 | Introduced. To print. |
| Dec 18, 2014 | From printer. May be heard in committee January 17. |
| Jan 5, 2015 | Read first time. |
| Jan 22, 2015 | Referred to Com. on PUB. S. |
| Mar 17, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 19, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 23, 2015 | Re-referred to Com. on PUB. S. |
| Mar 24, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (March 24). Re-referred to Com. on APPR. |
| Apr 15, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| May 28, 2015 | In committee: Held under submission. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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Date
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Description
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Location
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Votes
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| Mar 24, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
AB 65
Page 3
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 65
(Alejo) – As Amended March 19, 2015
Policy Committee: |
Public Safety |
Vote: |
6 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill redirects funds from the Driver Training Penalty Assessment Fund (DTPAF) and allocates that money to the Board of State and Community Corrections (BSCC) to be used to fund local law enforcement agencies to operate a body-worn camera program, as specified. Specifically, this bill:
Repeals the DTPAF and replaces it with the Body-worn Camera Fund (BCF) and requires funds previously deposited in the DTPAF be deposited in the BCF.
Requires the BSCC to develop a grant program to make funds available for local body-worn camera programs, and continuously appropriates funds in the BCF to the BSCC to fund the grant program.
Requires the BSCC to maximize the use of federal funds, if federal funds become available for local body worn camera programs.
FISCAL EFFECT:
According to the Governor's Budget, approximately $30 million will be deposited into the DTPAF in 2014-15 from the State Penalty Fund, and approximately $29 million will be deposited in 2015-16. Therefore, this bill redirects approximately $29 million to $30 million per year from the DTPAF to the BCF.
The proposed redirection also impacts other funds, and therefore, other state programs, resulting in annual GF pressure, or various program funding reductions, in excess of $28 million. Control Section 24.10 of the 2014-15 Budget Act and AB 103 (Budget Bill) transfer funds from the DTPAF as follows:
To the Schoolbus Driver Instructor Training in the Department of Education $1,737,000
To the Corrections Training Fund, $9,800,000
To the Peace Officers' Training Fund, $14,000,000
Victim Witness Assistance Fund, $4,121,000
Cost to the BSCC to develop and administer the grant program are unknown, but will be at least $200,000 for three positions. Actual costs will depend on funds available and interest by local law enforcement agencies.
COMMENTS:
Background. A recent report released by U.S. Department of Justice's Office of Community Oriented Policing Services and the Police Executive Research Forum studied the use of body-worn cameras by police agencies. The report shows that body-worn cameras can help agencies demonstrate transparency and address the community's questions about controversial events.In December 2014, President Obama proposed a new Body Worn Camera Partnership Program, which will provide a 50 percent match to states and local jurisdictions that purchase body-worn cameras and requisite storage.
Purpose. According to the author, the purpose of this bill is to help local law enforcement agencies draw down federal funds by providing them with state funds.
Related Legislation
AB 66 (Weber), would state the intent of the Legislature to enact legislation to require local police departments that utilize police body-worn cameras to follow policies and procedures that will streamline best practices to better enhance the quality of the services that those departments provide to Californians. AB 66 is pending referral by the Rules Committee.
AB 69 (Rodriguez), would require law enforcement agencies to follow specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras. AB 69 is pending hearing by this Committee.
SB 175 (Huff), would require each department or agency that employs peace officers and that elects to require those peace officers to wear body-worn cameras to develop a policy relating to the use of body-worn cameras. The bill would require the policy to be developed in collaboration with nonsupervisory officers and to include certain provisions, including, among others, the duration, time, and place when body-worn cameras shall be worn and operational. SB 175 is pending hearing by the Senate Committee on Public Safety.
SB 195 (Anderson), would state the intent of the Legislature to enact legislation that protects the privacy of individuals recorded by body-worn cameras utilized by law enforcement officers and the privacy of law enforcement officers wearing body-worn cameras. SB 195 is pending referral by the Rules Committee.
Prior Legislation:
AB 790 (Karnette), of the 2007-2008, would have redirected 4% of funds from the Driver Training Penalty Assessment Fund and allocated that money to the Department of Justice to be used to support the California Witness Protection Program. AB 790 was held on this Committee's Suspense File.
Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081
AB 65
Page 4
Date of Hearing: March 24, 2015
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB 65
(Alejo) – As Amended March 19, 2015
SUMMARY:
Redirects funds from the Driver Training Penalty Assessment Fund and
allocates that money to the Board of State and Community Corrections
(BSCC) to be used to fund local law enforcement agencies to operate a
body worn camera program, as specified. Specifically, this bill:
Establishes the Body-worn Camera Fund for the purpose of making funds available to local law enforcement entities to purchase body-worn cameras and related data storage and equipment, and to hire personnel necessary to operate a local body-worn camera program.
Provides if federal funds become available, the BSCC shall adjust the grant program to maximize state and local federal funds, and BSCC shall either apply for federal funds on behalf of a local law enforcement agency, or reimburse a local law enforcement agency that has expended funds for federal funds purposes.
EXISTING LAW:
Provides that there shall be levied a state penalty, in an amount equal to $10 for every ten $10 or fraction thereof, upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, including all offenses, except parking offenses as defined in the Vehicle Code. Any bail schedule adopted pursuant to Penal Code Section 1269b may include the necessary amount to pay the state penalties established by existing law for all matters where a personal appearance is not mandatory and the bail is posted primarily to guarantee payment of the fine. (Pen. Code, § 1464, subd. (a).)
States the moneys so deposited in the State Penalty Fund shall be distributed as follows:
Once a month there shall be transferred into the Fish and Game Preservation Fund an amount equal to 0.33 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month, except that the total amount shall not be less than the state penalty levied on fines or forfeitures for violation of state laws relating to the protection or propagation of fish and game. These moneys shall be used for the education or training of department employees which fulfills a need consistent with the objectives of the Department of Fish and Game.
Once a month there shall be transferred into the Restitution Fund an amount equal to 32.02 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Those funds shall be made available in accordance with provisions of the Government Code.
Once a month there shall be transferred into the Peace Officers' Training Fund an amount equal to 23.99 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
Once a month there shall be transferred into the Driver Training Penalty Assessment Fund an amount equal to 25.70 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
Once a month there shall be transferred into the Corrections Training Fund an amount equal to 7.88 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. Money in the Corrections Training Fund is not continuously appropriated and shall be appropriated in the Budget Act.
Once a month there shall be transferred into the Local Public Prosecutors and Public Defenders Training Fund an amount equal to 0.78 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month. The amount so transferred shall not exceed the sum of 850,000 in any fiscal year. The remainder in excess of $850,000 shall be transferred to the Restitution Fund.
Once a month there shall be transferred into the Victim-Witness Assistance Fund an amount equal to 8.64 percent of the state penalty funds deposited in the State Penalty Fund during the preceding month.
Once a month there shall be transferred into the Traumatic Brain Injury Fund an amount equal to 0.66 percent of the state penalty funds deposited into the State Penalty Fund during the preceding month, as specified. (Pen. Code, § 1464, subd. (f)(1) to (8).)
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: According to the author, "AB 65 will help local law enforcement agencies establish and maintain a body worn camera program to better serve our constituents. These devices will bring transparency and accountability to law enforcement agencies across the state, while at the same time protecting officers from false accusations. Body cameras will help us begin to address problems of misconduct and help the public understand things from a public safety perspective."
Background: A recent report released by U.S. Department of Justice's Office of Community Oriented Policing Services and the Police Executive Research Forum studied the use of body-worn cameras by police agencies. This research included a survey of 250 police agencies, interviews with more than 40 police executives, a review of 20 existing body-camera policies, and a national conference at which more than 200 police chiefs, sheriffs, federal justice representatives, and other experts shared their knowledge of and experiences with body-worn cameras. The report shows that body-worn cameras can help agencies demonstrate transparency and address the community's questions about controversial events. Among other reported benefits are that the presence of a body-worn camera have helped strengthen officer professionalism and helped to de-escalate contentious situations, and when questions do arise following an event or encounter, police having a video record helps lead to a quicker resolution. (Miller and Toliver, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned, Police Executive Research Forum (Nov. 2014).)
In December 2014, President Obama proposed a new Body Worn Camera Partnership Program, which will provide a 50 percent match to states and local jurisdictions that purchase body worn cameras and requisite storage. (See <https://www.whitehouse.gov/the-press-office/2014/12/01/fact-sheet-strengthening-community-policing> [as of Mar. 19, 2015].) Because federal funds are not yet available, this bill provides that should federal funds become available, BSCC shall adjust the grant program to maximize state and local federal funds.
Argument in Support: According to the California College and University Police Chiefs Association, "This bill will have important implications with respect to the ability of local agencies to acquire body worn cameras, a strategy that the California College and University Police Chiefs embrace."
Argument in Opposition: None submitted.
Related Legislation:
AB 66 (Weber), would state the intent of the Legislature to enact legislation to require local police departments that utilize police body-worn cameras to follow policies and procedures that will streamline best practices to better enhance the quality of the services that those departments provide to Californians. AB 66 is pending referral by the Rules Committee.
AB 69 (Rodriguez), would require law enforcement agencies to follow specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras. AB 69 is pending hearing by this Committee.
SB 175 (Huff), would require each department or agency that employs peace officers and that elects to require those peace officers to wear body-worn cameras to develop a policy relating to the use of body-worn cameras. The bill would require the policy to be developed in collaboration with nonsupervisory officers and to include certain provisions, including, among others, the duration, time, and place when body-worn cameras shall be worn and operational. SB 175 is pending hearing by the Senate Committee on Public Safety.
SB 195 (Anderson), would state the intent of the Legislature to enact legislation that protects the privacy of individuals recorded by body-worn cameras utilized by law enforcement officers and the privacy of law enforcement officers wearing body-worn cameras. SB 195 is pending referral by the Rules Committee.
Prior Legislation:
AB 790 (Karnette), of the 2007-2008, would have redirected 4% of funds from the Driver Training Penalty Assessment Fund and allocated that money to the Department of Justice to be used to support the California Witness Protection Program. AB 790 was held on the Committee on Appropriations' Suspense File.
SB 1761 (Poochigian), of the 2005-2006 Legislative Session, would have changed the percentage of money that is deposited into each of the funds in the State Penalty Fund, and would have created the Child Advocacy Center Fund, into which 4.97% of state penalty funds in the State Penalty Fund would be deposited monthly. SB 1761 was held on the Senate Committee on Appropriations' Suspense File.
AB 204 (Lowenthal), of the 2001-2002 Legislative Session, would have required all funds transferred to the Driver Penalty Assessment Fund, which would otherwise be transferred to the General Fund, be appropriated on an annual basis to the State Department of Education for the purposes of providing driver training instruction in the public schools. AB 204 was held on the Committee on Appropriations' Suspense File.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees
California College and University Police Chiefs
Association
California Communities United Institute
California
District Attorneys Association
California Police Chiefs
Association
Two private individuals
Opposition
None
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744
