SB 691 Body-Worn Camera Policy Updates Due by July 1, 2027: How New Medical Privacy Rules Affect Evidence in Force Cases
California’s SB 691 is currently working its way through the legislative process, and should it pass, it will have significant impacts on how law enforcement agencies use body-worn cameras. The primary focus of this law is medical privacy, but it is also expected to affect how force incidents are recorded and how footage is both used and released. To ensure that footage is used appropriately and remains accessible for accountability purposes, you may need to consult a police misconduct attorney in California.
When you’re dealing with the aftereffects of police brutality, having a legal team that truly believes in justice for victims is crucial. At the Law Offices of Dale K. Galipo, we know how important it is to hold law enforcement agencies and officers accountable for their actions. Attorney Dale K. Galipo has built his reputation as a police misconduct lawyer fighting for those who have had their civil rights violated. Find out how we can help you. Call our police misconduct law firm at 818-347-3333 now.
What SB 691 Requires Agencies to Update by July 1, 2027
SB 691 modifies current laws requiring law enforcement agencies to consider best practices when determining how body-worn camera data is to be stored and used. Should this law pass, it would require law enforcement agencies with body cam policies to update their policies with a procedure that allows EMS personnel to request redacted recordings for patients undergoing medical or psychological procedures or evaluations. The initial version of this bill required these changes to be made by July 1, 2026, but this date was pushed back a year in the last round of revisions.
This law also requires policies to indicate that officers cannot intentionally record someone undergoing a medical or psychological evaluation or treatment. The main priority of this law is to protect individuals’ medical privacy.
Agencies that fail to meet this deadline may face compliance issues and may be at risk of litigation.
Expanded Medical Privacy Protections
Police misconduct attorneys understand the importance of an individual’s privacy when they are under arrest or interacting with police officers. SB 691 specifies how medical information is treated in body-worn camera footage. Medical information may include visible injuries, physical and psychological assessments, treatments, and verbal discussions on your medical or psychological history.
These protections apply even when someone is receiving care in a public setting or during an active investigation. Footage, including anything that could be considered medical information, may trigger a more in-depth privacy review.
When Officers Must Limit Recording Under SB 691
California law recognizes that some situations call for limits on police recording when it comes to medical privacy. Medical emergencies, active treatment, and individuals in vulnerable conditions may require pausing or muting body cams per each department’s policy.
This may create a challenge for police misconduct lawyers. The moments immediately after a use-of-force incident may include medical care or treatment. If that video footage no longer exists, victims may lose valuable evidence when they try to hold the police department accountable.
A lawful pause in recording doesn’t necessarily indicate wrongdoing, particularly when the law requires pauses to protect patient privacy. However, this law may also mean that video evidence is not enough on its own.
Redaction Rules and Delayed Disclosure of Body-Worn Camera Footage
This new law is also expected to change how footage is released. When information or certain sounds must be redacted, that may lead to delayed disclosure of important footage. Agencies may need extra time and manpower to review footage before it is made available to victims, their legal representatives, and the public.
These delays don’t end a police misconduct case, but they can affect how and when evidence is gathered and analyzed.
The Role of SB 691 in Use-of-Force and Injury Claims
When a police misconduct law firm takes a case, they often use body cam footage to establish the severity of force, how injuries occur, and whether or not officers respond appropriately when a victim is in medical distress. SB 691 could impact how clearly body cam footage shows those elements. Missing audio, footage that abruptly cuts off, and paused recordings can all become points of dispute.
Protect Your Rights With A Police Misconduct Law Firm in California
At the Law Offices of Dale K. Galipo, we understand your need for justice after police misconduct. Call us at 818-347-3333 or reach out online to discuss your case with our experienced team.
