CA AB748

Commencing July 1, 2019, law enforcement agencies may withhold video or audio recordings of critical incidents for up to 45 calendar days if disclosure would substantially interfere with an active investigation, with extensions possible up to one year.

After one year, agencies may continue withholding recordings only upon demonstrating by clear and convincing evidence that disclosure would substantially interfere with the investigation, with 30-day reassessment notifications required.

Agencies may redact recordings to protect reasonable expectations of privacy if the public interest in withholding clearly outweighs the public interest in disclosure, provided redaction does not interfere with viewers' ability to comprehend events depicted.

If privacy interests cannot be adequately protected through redaction, recordings must be disclosed promptly to the subject of the recording, their authorized representative, parent or guardian if a minor, or their heir or legal representative if deceased.

Critical incidents are defined as incidents involving discharge of a firearm at a person by a peace officer or custodial officer, or incidents where use of force resulted in death or great bodily injury.