HB 2436

This bill requires a law enforcement agency that uses body cameras to adopt a written policy for the use of the body cameras by its law enforcement officers in compliance with this bill. Law enforcement officers must receive a copy of the written policy and training in the use of body cameras before using such cameras. The training must include, at a minimum, instruction on this bill and the agency's written policy. WRITTEN POLICY This bill requires a written policy adopted by a law enforcement agency as described above to include, at a minimum, guidelines on the use of body cameras by law enforcement officers to meet all of the following objectives:  Ensure that body cameras are worn by law enforcement officers in a location and manner that maximizes the camera's ability to capture video footage of the officer's activities .  Provide standards for when a law enforcement officer must enable and disable recording functions of the body camera, including a requirement that (i) a law enforcement officer activate a body camera whenever responding to a call for service ; (ii) body cameras be activated at the initiation of a law enforcement or investigative encounter between a law enforcement officer and a member of the public, except when there is an immediate threat to the officer's or another's life or safety that makes activating the body camera impossible or dangerous; (iii) in situations in which activating a body camera is impossible or dangerous, a law enforcement officer must activate the camera at the first reasonable opportunity to do so; (iv) a law enforcement officer must not deactivate a body camera until the encounter between a law enforcement officer and a member of the public has fully concluded and the law enforcement officer leaves the scene; and (v) a law enforcement officer currently at the scene or arriving thereafter who is equipped with a body camera must activate the camera and record the situation upon arrival, and that the body camera must remain on until the officer leaves the scene .  Require law enforcement officers wearing body cameras to notify the subjects of the recording that the subjects are being recorded by a body camera as close to the inception of the encounter as is reasonably possible. Exceptions This bill requires the written policy to make exceptions to the use of body cameras in the following circumstances:  Prior to entering a private residence without a warrant or in non-exigent circumstances, a law enforcement officer must ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera. If the occupant responds affirmatively, then the law enforcement officer must immediately discontinue use of the body camera .  When interacting with an apparent crime victim, including, but not limited to, a victim of domestic abuse or a victim of rape, a law enforcement officer must , as soon as practicable, ask the victim if the victim wants the officer to discontinue use of the officer's body camera. If the victim responds affirmatively, then the law enforcement officer must immediately discontinue use of the body camera .  When interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation, a law enforcement officer must , as soon as practicable, ask the person if the person wants the officer to discontinue use of the officer's body camera. If the person responds affirmatively, then the law enforcement officer must immediately discontinue use of the body camera. This bill requires that r equests to discontinue use of a body camera made as described above , and the responses thereto, be recorded by the body camera prior to discontinuing use of the body camera. This bill clarifies that o nly law enforcement officers with the authority to conduct searches and make arrests are permitted to wear a body camera. Law enforcement officers who serve an undercover role are not subject to this bill. AUTHORIZED AND PROHIBITED USES FOR BODY CAMERAS This bill prohibits body cameras from being using in a manner inconsistent with the purposes described in this bill. Further, b ody cameras must not be used to gather intelligence information based on First Amendment protected speech, association, or religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative encounte r between a law enforcement officer and a member of the public. Likewise, law enforcement officers must not activate a body cam era while on the grounds of any public, private, or parochial elementary or secondary school, except when responding to an imminent threat to life or safety. WRITTEN POLICY FOR RETENTION OF DATA This bill authorizes a law enforcement agency providing a body camera to an officer as authorized by this bill to establish a written policy for the retention of data by the agency . Generally, body camera recordings must be retained by the law enforcement agency that employs the officer, or an authorized agent as described below , whose body camera captured the recording, for six months from the date it was recorded, after which time the recording must be permanently deleted. However, b ody camera recordin gs must be automatically retained for at least 13 months if the body camera recordings involve ( i) a ny use of force , ( ii ) e vents leading up to and including an arrest for a felony offense, or events that constitute a felony offense , or ( iii ) a n encounter about which a complaint has been registered by a subject of the body camera recording within the six months following the recording. Additionally, body camera recordings must be retained for at least 1 3 months if voluntarily requested, within six months fo llowing the recording, by any of the following: (1) The law enforcement officer using the body camera, if that officer reasonably asserts the recording has evidentiary or exculpatory value . (2) A law enforcement officer who is a subject of the body camera recording, if that officer reasonably asserts the recording has evidentiary or exculpatory value . (3) A superior officer of a law enforcement officer using a body camera or who is a subject of the recording, if that superior officer reasonably asserts the recording has evidentiary or exculpatory value . (4) A law enforcement officer, if the recording is being retained solely and exclusively for police training purposes . (5) A member of the public who is a subject of the recording ; a parent or legal guardian of a minor who is a subject of the recording ; or a deceased subject's next of kin or legally authorized designee. Such persons may review the specific body camera recording in order to make a determination as to whether the person will voluntarily request the recording be subject to a 13 -month retention period. Confidential Records This bill provides that body camera recordings are part of the public record for the purpose of public inspection, except for all of the following:  A body camera recording not subject to a minimum 13 -month retention period as described above.  A body camera recording that is subject to a minimum 13 -month retention period solely and exclusively pursuant to a complaint , if the subject of the body camera recording requests the body camera recordings not be made available to the public .  A body camera recording that is subject to a minimum 13 -month retention period solely and exclusively pursuant to (1), (2), (3), or (4) above.  A body camera recording that is subject to a minimum 13 -month retention period solely and exclusively pursuant to (5) above , if the person makes a voluntary request that the body camera recording not be made available to the public .  A body camera recording depicting (i) m inors when taken within a s chool that serves any grades from K-12 , a child care agency, a child care program, preschool, or nursery school; (ii) t he interior of a healthcare facility licensed in this state ; or (iii) t he interior of a private residence that is not being investigated as a crime scene. This bill prohibits a law enforcement officer from review ing , or receiv ing an accounting of, any body camera recording that is subject to a minimum 13 -month retention period prior to completing any required initial reports, statements, and interviews regarding the recorded event. This bill provides that a body camera recording retained beyond six months solely and exclusively pursuant to (4) above is not admissible as evidence in any criminal, civil, or administrative proceeding. WRITTEN POLICY FOR ACCESS TO BODY CAMERA RECORDINGS This bill requires a law enforcement agency providing a body camera to an officer to adopt a written policy for access to body camera recordings by the agency. Body camera recordings that are not subject to a minimum 13 -month retention period are not subject to automated analysis or analytics. Body camera recordings must not be divulged, or used by any law enforcement agency, for any commercial or other non-law enforcement purpose. If a law enforcement agency authorizes a third party to act as its autho rized agent in maintaining body camera recordings, then the authorized agent is not permitted to independently access, view, or alter any body camera recording, except to permanently delete the recording as required by law or agency retention policies. VIOLATIONS If a law enforcement officer, employee, or authorized agent violates this bill regarding the use of body cameras, fails to adhere to the access to recordings and retention requirements contained in this bill or to any written policy enacted in compliance with this bill , or intentionally interferes with a body camera's ability to accurately capture body camera recordings:  This bill requires the law enforcement agency to take appropriate disciplinary action against the individual officer, employee, or agent .  This bill requires t he law enforcement agency to adopt appropriate standards for sanctions of an officer or employee who violates this bill.  This bill requires the law enforcement agency to specify in a contract with an agent the disciplinary action that must take place if the agent violates this bill.  This bill requires a rebuttable evidentiary presumption to be adopted in favor of criminal defendants who reasonably assert that exculpatory evidence was destroyed or not captured .  This bill requires a rebuttable evidentiary presumption to be adopted on behalf of civil plaintiffs suing the government, a law enforcement agency, or law enforcement officers for damages based on police misconduct who reasonably assert that evidence supporting the plaintiffs' claim was destroyed or not captured. This bill requires the law enforcement agency to adopt a written policy setting forth disciplinary action and procedures in compliance with present law . The rebuttable presumptions described above may be overcome by contrary evidence or proof of exigent circumstances that made compliance with this part impossible. A body camera recording created in contravention of this or any other applicable law must be immediately destroyed and is not admissible as evidence in any criminal, civil, or administrative pr oceeding. This bill does not contravene any laws governing the maintenance and destruction of evidence in criminal investigations and prosecutions. APPLICABILITY This bill applies to recordings created on or after the date that this bill becomes effective.