House Bill 1279

AN ACT TO CREATE THE LAW ENFORCEMENT BODY-WORN CAMERA ACT; TO PROVIDE THE PROCEDURES FOR USE OF BODY-WORN CAMERAS BY LAW ENFORCEMENT OFFICERS; TO DESCRIBE HOW VIDEO FROM THE CAMERAS SHALL BE RETAINED BY LAW ENFORCEMENT AGENCIES; TO DESCRIBE THE LIST OF PERSONS WHO MAY OBTAIN A COPY OF A RECORDING; TO PROVIDE REMEDIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and referred to as the "Law Enforcement Body-Worn Camera Act."

SECTION 2. The following words shall have the following meanings, unless the content clearly indicates otherwise:

(a) "Law enforcement officer" means the same as the term is defined in Section 45-6-3.

(b) "Body-worn camera" means a device that is worn by a law enforcement officer that electronically records audio and video of his or her activities.

SECTION 3. The following are the procedures for use of body worn cameras by a law enforcement officer:

(a) A law enforcement officer who is primarily assigned to patrol duties and is required to wear a uniform shall wear a body-worn camera to record the events that occur while he or she is on duty with the body-worn camera. Personal recording devices shall not be used to capture interactions with citizens.

(b) A law enforcement officer who is required to wear a body-worn camera under paragraph (a) of this section shall activate the recording function of the camera whenever the officer is on duty and continuously record all contacts with citizens in the performance of official duties, subject to exceptions in paragraphs (d) and (f) of this section.

(c) The body-worn camera shall remain activated at all times until either the event is completed, the officer has left the scene, a supervisor has authorized on camera that a recording may cease, or the contact moves into an area exempted under paragraph (d) or (f). Before turning off a body-worn camera, the officer shall announce on camera the reason for the deactivation of the camera.

(d) A law enforcement officer may temporarily stop recording under the following limited circumstances:

(i) Encounters or communications with other law enforcement personnel, unless recording is required by a court order or is authorized as part of an administrative or criminal investigation;

(ii) Encounters or communications with undercover officers or confidential informants;

(iii) Strip searches;

(iv) When on break or otherwise engaged in personal activities; or

(v) In any location an officer has a reasonable expectation of privacy, such as a restroom or locker room.

(e) A law enforcement officer required to wear a body-worn camera under paragraph (a) of this section shall notify individuals that they are being recorded.

(f) When entering a residence under nonexigent circumstances, a law enforcement officer shall ask the residents whether they want the officer to stop recording with the body-worn camera while in the residence. The officer shall record the exchange to document the wishes of the residents.

(g) A law enforcement officer shall read, agree to, and sign a written waiver that consists of a consent to be filmed by a body-worn camera and an acknowledgement of the requirements of this act and the related policies of the law enforcement agency by which the law enforcement officer is employed.

(h) All recorded files shall be securely downloaded by the officer operating the body-worn camera, no later than the end of each shift. In circumstances resulting in a person's bodily harm or death, the operating officers' supervisor shall immediately take custody of the camera and assume responsibility for downloading the data. Each file shall contain information related to the type of incident, the date, the body-worn camera identifier, and the assigned officer.

(i) Body-worn camera recordings are not a replacement for written reports. Officers may not view a body-worn camera recording of an incident prior to writing a relevant report. Neither officers nor civilians are permitted to view recordings at the scene.

SECTION 4. A law enforcement agency shall not allow a computerized facial recognition program or application to be used with a body-worn camera or a recording made by a body-worn camera unless the use has been authorized by order of a court.

SECTION 5. (1) A law enforcement agency shall retain video and audio recorded by a body-worn camera under this act for one hundred twenty (120) days, unless subsection (2) or (5) applies.

(2) A law enforcement agency shall retain video and audio recorded by a body-worn camera under this act for three (3) years if any of the following apply:

(a) The recording is of an incident involving the use of force.

(b) The recording is of an incident that leads to detention or arrest of an individual.

(c) The recording is relevant to a formal or informal complaint against a law enforcement officer or the law enforcement agency.

(d) A request regarding the recording has been made as provided in this act.

(e) A request for a copy of the recording has been made under subsection (1) of Section 6 of this act.

(3) Any subject of a recording may make a request for retention under subsection (2) of this section. Police departments and third parties may make a request to extend the time period for retention under subsection (2) of this section, if there is some basis to believe that police misconduct has occurred, or if there is a reasonable suspicion that the video contains evidence of a crime. It is not necessary for a person to file a complaint or for there to be a related open investigation for a person to make a request under this subsection.

(4) A law enforcement agency shall post on the law enforcement agency's public website its policies relating to the retention of recordings made by body-worn cameras under this act, procedures for requesting retention of a recording, and procedures for requesting copies of a recording.

(5) If evidence, which may be useful in a criminal prosecution, is obtained from a recording made by a body-worn camera under this act, the law enforcement agency shall retain the recording for any time period necessary and be exempt from the restrictions for retention provided by subsections (1) and (2) of this section, and in the same manner as is required by law for other evidence that may be useful in a criminal prosecution.

SECTION 6. (1) All data, images, video and metadata captured, recorded, or otherwise produced by the equipment shall be under the exclusive control of the law enforcement agency.

(2) Access to and use of recordings is only permitted during an investigation of misconduct or when there is reasonable suspicion that a file contains evidence of a crime. All access and use must be authorized by the sheriff or chief, or a designee.

(3) Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute body-worn camera recordings in any manner without the approval of the sheriff or chief, or his or her designee.

(4) All access to body-worn camera files is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes. The agency must keep records of who has accessed recorded data, when, and for what purpose.

(5) Un-redacted recordings retained under subsection 5(2) of should not be publicly disclosed without the consent of the subject. Recordings retained under subsection (2) of Section 5 of this act may be publicly disclosed, but shall be redacted if feasible.

(6) A person described in subsection (7) of this section, may request a copy of a recording made by a body-worn camera under this act. The law enforcement agency shall provide the individual with a copy of the recording.

(7) Any of the following persons may make a request for un-redacted recordings:

(a) An individual who is a subject of the recording.

(b) A person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime to which the recording is related.

(d) A legal guardian of an individual described in paragraph (a) or (b) of this subsection.

(e) An attorney for a person described in paragraph (a) or (b) of this subsection.

(f) A person not described in paragraphs (c) or (e) of this subsection, if a person described in paragraph (a) or (b) of this subsection has given authority in writing to request a copy of the recording, and the individuals who are the subjects of the recording consent.

SECTION 7. If, in connection with an investigation of misconduct, a law enforcement agency is unable to produce a recording that is required to be made and retained under this act, there is a presumption that the recording would corroborate the version of the facts advanced by the party opposing the law enforcement officer or law enforcement agency. A failure to record should also be noted in the officer's disciplinary record.

SECTION 8. Each law enforcement agency shall collect statistical data concerning body-worn camera usage, including when video footage is used in criminal prosecutions and Internal Affairs matters. The statistics shall be released upon receipt of a public information request.

SECTION 9. The Office of Internal Affairs or any division of a law enforcement agency whose purpose is to investigate the acts of its officers shall conduct a random audit of body-worn cameras to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidelines may be required.

SECTION 10. (1) Training is required for officers assigned to wear cameras, supervisors whose officers wear cameras, records/evidence management personnel, training personnel, and Internal Affairs officers. Personnel must receive all mandated training prior to involvement with any body-worn camera required by this act.

(2) The training shall include practices and protocols covered by this act; an overview of relevant state laws governing consent, evidence, privacy, and public disclosure; procedures for operating the equipment safely and effectively; scenario-based exercises that replicate situations an officer might encounter in the field; procedures for downloading and tagging recorded data; procedures for accessing and reviewing recorded data (only for personnel authorized to access the data); procedures for preparing and presenting digital evidence for court; and procedures for documenting and reporting any malfunctioning device or supporting system. Annual refresher courses on body-worn camera usage and protocols shall be required.

SECTION 11. This act shall take effect and be in force from and after July 1, 2015.