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
(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
(d) A request regarding the recording has been made under
(e) A request for a copy of the recording has been made under
(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
(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
(d) A legal guardian of an individual described in subdivision
(a) or (b).
(e) An attorney for a person described in subdivision (a) or
(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
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.