Bill on right to record officers passes
SACRAMENTO — Alarmed that some bystanders have been detained by law enforcement for videotaping police during use-of-force incidents, the state Senate on Monday passed legislation intended to clarify on California’s law books the right of citizens to photograph officers, as long as they do not interfere with the officials’ duties.
Supporters of the bill, which now goes to the Assembly, said people have a constitutional right to record the police but that the right is not explicitly spelled out in state law.
The measure by Sen. Ricardo Lara (D-Bell Gardens) is supported by the California Public Defenders Assn. and the American Civil Liberties Union of California.
“By recognizing the existing constitutional right to photograph and record the police, SB 411 helps to safeguard our collective freedoms and takes an important step toward ensuring that individuals are not punished for the mere exercise of their constitutional rights,” the ACLU said in a statement.
Videotapes by bystanders have helped expose police force in cases including the LAPD beating of Rodney King 24 years ago and last year’s death of Eric Garner after a scuffle with New York officers.
More recently, a bystander with a smartphone captured video of a police officer shooting an unarmed man in South Carolina. The video went viral when it was released last week.
“Recent events throughout the country, and here in California, have raised questions about when an individual can — and can’t — record,” Lara said.
The Senate vote was 31 to
3.