Should Fallen Officers’ Families Get to Decide on Publicizing Death Videos?

It’s a sight that’s become all too familiar in recent weeks: a video showing the death of a law enforcement officer in the line of duty. Sometimes the recording comes from a nearby witness, but often it comes from the officer, through a body camera, or a dashboard camera, or through audio from a radio call.

A bill pending in the California Senate from Democratic Assemblyman Evan Low (D-Silicon Valley) would let the family of the fallen officer decide whether those recordings should be made public. Low's brother is a police officer. He says the bill isn’t intended to withhold information, but to protect families.

“I think it important to at least have a pause to ask the question: Is there a public interest in the release of the video?" he says.

The bill comes as law enforcement agencies face demands for greater transparency. Critics say it would undermine those efforts. Kevin Baker of the ACLU of California says this is an attempt by law enforcement to control the release of audio and video recordings.

"I would expect that, if this bill is successful, the police officers would be back with another bill next year to say, well, if you're injured in the line of duty or then something else occurs ... we’ll get this expanded to other types of situations," he says.

The bill easily made it through the Assembly. But if it passes the Senate it may face another hurdle: opposition from the Brown administration.

The Department of Finance has weighed in, calling the measure unnecessary because there are already exemptions from public disclosure for recordings that depict the death of an officer.