California body camera laws are not contained in a single statute. Three provisions do most of the work: Penal Code 832.18 sets policy guidelines for agencies that deploy cameras, Penal Code 832.7 governs when footage tied to serious misconduct becomes a public record, and Government Code 7923.625 fixes the timelines for releasing recordings of critical incidents. Older summaries sometimes point to Assembly Bill 66 or Senate Bill 85 as the controlling law; AB 66 never passed, and SB 85 deals with civil procedure, not cameras.
When Officers Must Record and Who Owns the Footage
Penal Code 832.18 does not require every California law enforcement agency to use body cameras. It sets guidelines for agencies that choose to deploy them. Most of the statute uses “should” rather than “shall,” which makes the provisions strong recommendations that individual departments implement through their own written policies.
Under those guidelines, officers are directed to activate their cameras when responding to calls for service and when carrying out enforcement activities in the field, including traffic stops, arrests, and searches. All recorded data is the property of the employing agency. Officers are prohibited from making personal copies of body camera files or using personal devices to re-record footage.1California Legislative Information. California Penal Code PEN 832.18
No statewide statute currently requires officers to notify people that they are being recorded in every circumstance, though many departments build notification into their local policies. Because the state framework runs through policy guidelines rather than blanket mandates, the specific rules you encounter will depend on the agency involved.
How Long Body Camera Footage Is Kept
Penal Code 832.18 sets retention floors that turn on whether a recording has evidentiary value.
- Nonevidentiary footage that does not involve a crime, arrest, citation, use of force, or confrontational encounter should be retained for at least 60 days. After that, the agency may erase or recycle it, though nothing prevents keeping it longer.
- Evidentiary footage capturing a use-of-force incident, an officer-involved shooting, an arrest or detention, or footage relevant to a complaint against an officer should be retained for at least two years.
- Recordings that contain evidence relevant to a criminal case should be kept for whatever additional period the law requires for that type of evidence, with the chain of custody maintained.
Access and deletion logs for body camera data should be retained permanently. Agencies are expected to build their retention schedules in consultation with legal counsel.1California Legislative Information. California Penal Code PEN 832.18
When the Public Can See Footage
California has some of the strongest disclosure rules in the country for footage of serious police incidents. Two statutes overlap. Government Code 7923.625 addresses audio and video recordings of critical incidents under the California Public Records Act. Penal Code 832.7 covers peace officer personnel records, which include related video evidence.
What Qualifies as a Critical Incident
Under Government Code 7923.625, a critical incident is any incident in which an officer discharged a firearm at a person or used force that resulted in death or great bodily injury. Footage of these events is subject to mandatory disclosure timelines.2California Legislative Information. California Government Code 7923.625
Penal Code 832.7 reaches further. It requires disclosure of records, including body camera footage, tied to officer-involved shootings, uses of force causing death or great bodily injury, sustained findings of excessive force, sustained findings of officer sexual assault, sustained findings of dishonesty in reporting or investigating a crime, sustained findings of discrimination, and unlawful arrests or searches.3California Legislative Information. California Penal Code 832.7
How Long Agencies Can Delay Release
For critical incident recordings under Government Code 7923.625, an agency can delay release for up to 45 days if disclosure would substantially interfere with an active investigation. During that window it must give a written explanation and an estimated release date. Between 45 days and one year, delay continues to require a showing of ongoing interference. After one year, the standard rises to clear and convincing evidence. Requesters must be reassessed and notified every 30 days.2California Legislative Information. California Government Code 7923.625
Under Penal Code 832.7, disclosure tied to an active criminal investigation can be delayed for up to 60 days or until the district attorney decides whether to file charges, whichever comes first. Administrative investigations allow delays of up to 180 days from the date the agency discovers the misconduct. Withholding cannot extend beyond 18 months from the incident unless the investigation remains genuinely active.3California Legislative Information. California Penal Code 832.7
Privacy Redactions
Public access is not unrestricted. Government Code 7923.625 allows agencies to redact portions of a recording when release would violate the reasonable expectation of privacy of someone depicted, and the agency must explain the specific basis for the concern in writing. Tools such as blurring faces or distorting audio are permitted. The statute is explicit that redaction cannot interfere with a viewer’s ability to fully and accurately understand the events shown.2California Legislative Information. California Government Code 7923.625
Your Right to Record Police
You can record law enforcement officers performing their duties from any public place or from private property where you have a legal right to be present. Officers cannot order you to stop, seize your device, or arrest you solely for filming them in public.
California’s wiretapping statute, Penal Code 632, prohibits recording confidential communications without the consent of all parties. Conversations with officers during traffic stops, arrests, and other public encounters are generally not confidential, because the statute defines a confidential communication as one where the parties reasonably expect no one else is listening. A roadside stop with a uniformed officer rarely fits that description.4California Legislative Information. California Penal Code 632
What Happens When the Rules Are Broken
California does not have a standalone criminal statute targeting officers who tamper with or disable body cameras. Officers who violate their department’s body camera policy face internal discipline, which can range from retraining to suspension to termination depending on the department’s disciplinary framework.
When camera misconduct crosses into destroying or concealing evidence relevant to a criminal case, prosecutors can bring charges under existing obstruction and evidence-tampering statutes, though those cases require proof of intent and are rare. The more common consequence is practical: missing or incomplete footage weakens the prosecution’s case or strengthens a defense argument that exculpatory evidence was lost.
Agencies that fail to comply with disclosure obligations under Penal Code 832.7 or Government Code 7923.625 face consequences from the courts. A requester wrongfully denied access can petition to compel disclosure, and agencies that lose can be ordered to pay the requester’s attorney fees.