Requiring certain peace officers, including tribal law enforcement officers, to wear and use a body camera and providing remedies

The bill requires a peace officer to wear a body camera at all times while on duty and in uniform. The bill further requires that the peace officer record all interactions with people in the performance of the official duties of the peace officer from the beginning to the end of those interactions. The bill specifies that a body camera must be worn on the chest or at the eye level of the peace officer. The bill prohibits a body camera from containing facial recognition technology unless the use of such technology has been authorized by the court pursuant to an arrest or search warrant. The bill requires a peace officer to inform a person when that person is being recorded by a body camera unless informing the person would be unsafe, impractical, or impossible. If a peace officer who is wearing a body camera enters a residence without a warrant or where no exigent circumstances exist, the bill requires that the peace officer immediately ask a resident whether the resident desires the peace officer to stop the body camera recording while the peace officer is in the residence. If the resident responds in the affirmative, the bill requires the peace officer to stop the body camera recording. The bill also requires the peace officer to record the question and any answer to the question. If a peace officer wearing a body camera interacts with a person reporting a crime, providing information regarding a crime or ongoing investigation, or claiming to be a victim of a crime, the bill requires the peace officer to immediately ask whether the person desires the peace officer to stop the body camera recording of the interaction. If the person responds in the affirmative, the bill requires the peace officer to stop the body camera recording. officer to record the question and any answer to the question. The bill requires that an agency shall retain the contents of a recording created by a body camera for days. However, an agency shall retain the contents of a recording created by a body camera for three years if any of the following apply: the recording depicts an incident involving the use of force; the recording depicts an incident that leads to detention or arrest of a person; the recording is relevant to a formal or informal complaint against a peace officer or agency; or a request by an interested or authorized person has been made to retain the recording. Under the bill, the contents of the recording may be retained even longer than three years if the contents may be relevant to a criminal prosecution. Any of the following persons may make a request that the contents of a recording created by a body camera be retained for three years: a person who is a part of the contents of the recording; a person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime that is related to the recording; a parent or guardian of a person who is part of the contents of the recording or whose property was seized, damaged, or involved with a crime that is related to the recording; the attorney for a person who is part of the contents of the recording or whose property was seized, damaged, or involved with a crime that is related to the recording; any other person if such person has been given written authority to disclose the contents of the recording by the person who is part of the contents of the recording or whose property was seized or damaged. The bill provides that a person who is not a part of the contents of a recording created by a body camera may request a copy of such recording. Before the request is granted, each person who is part of the contents of the recording shall be notified of the request and may object to the request. the recording. If an objection is made, the bill allows the objecting party days to petition the district court to order that the contents not be released, otherwise the contents of the recording shall be released. Prior to deleting or disposing of the contents of a recording created by a body camera, the bill requires the person who has the responsibility of deleting or disposing of such a recording on behalf of the agency to review all applicable and available records, files, and databases to ascertain whether any reason exists that the recording should not be disposed of or deleted. A peace officer who fails to record any interaction with a person or who fails to stop recording such interaction as required by the bill commits a violation. For a first violation of the bill a peace officer shall be given a written reprimand. For a second or subsequent violation of the bill the peace officer shall be suspended until an investigation into the cause of the violation has been completed. The bill also provides that if during a criminal prosecution or civil action an agency is unable to produce a body camera recording, a rebuttable presumption arises that the recording would corroborate the version of the facts advanced by the defendant in the criminal action or the party opposing the peace officer or agency in the civil action. The bill specifies that an agency shall participate in any existing state or federal programs that fund or supplement the costs to purchase and maintain body cameras worn by peace officers.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.