Generally, Body Worn Camera (“BWC”) footage is exempt from disclosure under the CPRA. (Gov. Code 6254 et. seq., Penal Code 832.5, 832.7, 832.8, and Evidence Code 1043, 1046)
In some instances, BWC footage may be released; however, BWC footage is subject to the same potential redactions as other "writings." Absent a valid court order or other statutory authority, body cam videos are subject to the same restrictions as crime reports and other "writings". Such restrictions include, but are not limited to, information such as the addresses, telephone numbers, and names of sexual assault victims, or victims of domestic violence and victims who have requested their information not be disclosed. (Gov. Code 6254(f)(2))
Absent a waiver by the Sheriff's Office, BWC footage will only be released, subject to redactions, in instances where:
- An employee discharges a firearm at someone, or,
- An employee is involved in a Use of Force which causes great bodily injury or death (Senate Bill 1421; PC 832.7, 832.8
Additionally, Assembly Bill 748 (“AB 748”), which amended certain portions of Government Code section 6254, became effective on July 1, 2019. Per AB 748 video and audio recordings that relate to an incident involving the discharge of a firearm at a person or an incident involving the use of force which resulted in great bodily injury or death, by a peace or custodial officer, will be released except in certain circumstances. ((Government Code 6254(f)(4)); (Government Code 6254(f)(4)(C)(i)); (Government Code 6254(f)(4)(C)(ii))))
These circumstances include:
- During an active criminal or administrative investigation, disclosure may be delayed for no longer than 45 calendar days after the agency knew or reasonably should have known about the incident. (Government Code 6254(f)(4)(A)(i))
- If the public interest in withholding a video or audio recording clearly outweighs the public interest in disclosure because disclosure would violate the reasonable expectation of privacy of someone depicted in the recording. The Sheriff's Office may use redaction technology to obscure those portions of the recording to protect the interest. (Government Code 6254(f)(4)(8)(i))
- The recording will be released, either redacted or unredacted, to the subject whose privacy is to be protected, his or her representative, parent or guardian (in the case of a minor), or the heir, beneficiary, designated immediate family member, or authorized legal representative (in the case of a deceased subject). The recording may be withheld if disclosure would interfere with an active criminal or administrative investigation. (Government Code 6254(f)(4)(B)(iii), Penal Code 832.7(b)(7)(A))
- In cases where there is an ongoing criminal/civil investigation or court process, the records may be withheld until either 30 days after the trial finding/plea or the administrative investigation, whichever is later. (AB 748, Gov. Code 6254(f)(4)(A)(i)-(B)(iii))