HOUSE BILL No. 4229

 

February 24, 2015, Introduced by Reps. Robinson, Durhal, Byrd, Irwin, Gay-Dagnogo, Cochran, Banks, Love, Santana and Talabi and referred to the Committee on Criminal Justice.

 

     A bill to provide for the use by law enforcement officers of

 

cameras worn on the body; to require the retention and provide for

 

the production by law enforcement agencies of recordings made using

 

the cameras; to create certain presumptions in a court proceeding;

 

to provide for the reimbursement of certain costs to local law

 

enforcement agencies; and to prescribe the powers and duties of

 

certain public officials and public employees.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "law

 

enforcement body-worn camera act".

 

     Sec. 2. As used in this act:

 

     (a) "A device that uses electro-muscular disruption

 

technology" means that term as defined in section 224a of the

 

Michigan penal code, 1931 PA 328, MCL 750.224a.


 

     (b) "Law enforcement officer" means that term as defined in

 

section 2 of the commission on law enforcement standards act, 1965

 

PA 203, MCL 28.602.

 

     (c) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     Sec. 3. (1) A law enforcement officer who, as part of his or

 

her duties, is required to carry a firearm or a device that uses

 

electro-muscular disruption technology and is required to wear a

 

uniform shall wear a body-worn camera and record the events that

 

occur while he or she is on duty with the body-worn camera.

 

     (2) Subject to subsections (3) and (6), a law enforcement

 

officer required to wear a body-worn camera under subsection (1)

 

shall activate the recording function of the camera whenever the

 

officer is on duty, continuously record with the camera, and make

 

his or her best effort to record interactions with other

 

individuals with the camera.

 

     (3) A law enforcement officer may temporarily stop recording

 

with a body-worn camera when the officer is engaged in a personal

 

matter, such as a personal conversation or using the bathroom.

 

     (4) 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 acknowledgment of the requirements of this act

 

and the related policies of the law enforcement agency by which the

 

law enforcement officer is employed.

 

     (5) As practicable, a law enforcement officer required to wear

 

a body-worn camera under subsection (1) shall notify another

 

individual if the individual is being recorded by the camera.


 

     (6) 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.

 

     Sec. 4. A law enforcement agency or law enforcement officer

 

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 a

 

warrant issued by a court.

 

     Sec. 5. (1) A law enforcement agency shall retain video and

 

audio recorded by a body-worn camera under this act for 2 weeks,

 

unless subsection (2) applies.

 

     (2) A law enforcement agency shall retain video and audio

 

recorded by a body-worn camera under this act for 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 under

 

subsection (4).

 

     (e) A request for a copy of the recording has been made under

 

section 6(1).


 

     (3) 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, requests for

 

the retention of the recordings, and requests for copies of the

 

recordings.

 

     (4) A person described in subsection (6) may request that a

 

recording made by a body-worn camera under this act be retained

 

under subsection (2). It is not necessary for the person to file a

 

complaint or for there to be a related open investigation for the

 

person to make a request under this subsection.

 

     (5) If evidence that 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 in addition to the time periods under subsections (1) and (2)

 

and in the same manner as is required by law for other evidence

 

that may be useful in a criminal prosecution.

 

     (6) Any of the following may make a request under subsection

 

(4) or section 6(1):

 

     (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.

 

     (c) A parent of an individual described in subdivision (a) or

 

(b).

 

     (d) A legal guardian of an individual described in subdivision

 

(a) or (b).

 

     (e) An attorney for a person described in subdivision (a) or


 

(b).

 

     (f) A person not described in subdivisions (c) to (e) that a

 

person described in subdivision (a) or (b) has given the authority

 

in writing to make the request.

 

     Sec. 6. (1) A person described in section 5(6) 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 requested recording.

 

     (2) An individual who is not the subject of a recording made

 

by a body-worn camera under this act may request a copy of the

 

recording. If the individuals who are the subjects of the recording

 

consent, the law enforcement agency shall provide the individual

 

with a copy of the requested recording. If the individuals who are

 

the subjects of the recording do not consent, the recording is not

 

a public record and is not subject to disclosure under the freedom

 

of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 7. Before deleting or otherwise disposing of a recording

 

made by a body-worn camera under this act, an individual who has

 

the responsibility on behalf of the law enforcement agency of

 

deleting or disposing of the recording shall review all applicable

 

and available records, files, and databases to ascertain whether

 

there is any reason why the recording cannot be deleted or disposed

 

of under this act or the policies of the law enforcement agency.

 

The individual shall not delete or dispose of the recording if he

 

or she ascertains that there is any such reason.

 

     Sec. 8. If, in connection with a criminal prosecution or civil

 

action, 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 defendant in a criminal action or the party

 

opposing the law enforcement officer or law enforcement agency in a

 

civil action.

 

     Sec. 9. (1) A local or county law enforcement agency may

 

request that the department of state police reimburse the agency

 

for the cost of purchasing equipment, or any other expense

 

incurred, to implement this act.

 

     (2) The department of state police shall reimburse a local or

 

county law enforcement agency for reasonable costs contained in a

 

request for reimbursement under subsection (1).

 

     (3) The department of state police may adopt guidelines under

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328, covering the submission and payment of requests for

 

reimbursement under this section.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.