ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 351
October 27, 2017 - Offered by Representative Kremer.
1An Act to create
165.87 of the statutes; relating to: body cameras on law
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
165.87 of the statutes is created to read:
4165.87 Body cameras on law enforcement. (1)
(a) If a law enforcement 5
agency uses a body camera on a law enforcement officer, the law enforcement agency 6
shall administer a policy regarding all of the following:
1. The use, maintenance, and storage of body cameras and data recorded by the 8
2. Any limitations the law enforcement agency imposes on which law 10
enforcement officers may wear a body camera.
3. Any limitations the law enforcement agency imposes on situations, persons, 12
or encounters that may be recorded by a body camera.
(b) If a law enforcement agency uses a body camera on a law enforcement 2
officer, the law enforcement agency shall do all of the following:
1. Train all law enforcement officers wearing a body camera on the policy under 4
par. (a) and on the requirements under sub. (2).
2. Train all employees that use, maintain, store, or release data from a body 6
camera on the policy under par. (a) and on the requirements under subs. (2) and (3).
3. Periodically review practices regarding the body cameras and data from body 8
cameras to ensure compliance with the policy under par. (a) and the requirements 9
under subs. (2) and (3).
(a) Except as provided in pars. (b), (c), and (d), all data from a body camera 11
shall be retained for a minimum of 120 days after the date of recording and may be 12
destroyed after that time.
(b) Data recording any of the following shall be retained until final disposition 14
of any case or complaint to which the data pertains, except as provided in pars. (c) 15
1. An encounter that resulted in the death of any individual or actual or alleged 17
physical injury to an individual.
2. An encounter that resulted in a custodial arrest.
3. A search during an authorized temporary questioning as provided in s. 20
(c) Retention beyond the period determined under par. (a) or (b) may be directed 22
by a law enforcement officer or law enforcement agency, a board of police and fire 23
commissioners, a prosecutor, a defendant, or a court that determines that the data 24
have evidentiary value in a prosecution. A person making a preservation directive
under this paragraph shall submit the directive to the law enforcement agency 2
having custody of the record within 120 days after the date of recording.
(d) Data that are used in a criminal, civil, or administrative proceeding may 4
not be destroyed except upon final disposition, a determination from the court or 5
hearing examiner that the data are no longer needed, and an order from the court 6
or hearing examiner.
(a) In this subsection:
1. “Known victim or witness" means an individual to whom all of the following 9
a. The individual is depicted in the recording, or the individual's voice is audible 11
in the recording.
b. The individual's identity is known to the law enforcement agency.
c. The individual is not suspected of committing a crime or other violation of 14
law in connection with the law enforcement officer's presence in the location that was 15
2. “Owner" means an individual to whom all of the following apply:
a. The individual owns or otherwise controls the property at the location that 18
b. The individual is not suspected of committing a crime or other violation of 20
law in connection with the law enforcement officer's presence in the location that was 21
(b) Data from a body camera are confidential and not open to inspection and 23
copying under s. 19.35 (1) unless the data record anything specified in sub. (2) (b) 1., 24
2., or 3. If the data record anything specified in sub. (2) (b) 1., 2., or 3., the data are
subject to the right of inspection and copying under s. 19.35 (1), except as provided 2
in par. (c).
(c) 1. If a law enforcement agency has otherwise decided under s. 19.35 to 4
permit access to data from a body camera that is subject to disclosure under par. (b) 5
and the data record a location where an individual may have a reasonable 6
expectation of privacy, the law enforcement agency shall, before permitting access 7
and subject to subd. 3., serve notice of the request for the data on each individual who 8
is a known victim or witness or an owner, or a person authorized by each such 9
individual as described under s. 19.32 (1m), either by mail or by personally serving 10
the notice. The notice may be mailed to the individual's or person's last-known 11
address if his or her current address is not known. The notice shall briefly describe 12
the requested data and include a description of the rights of the individual or person 13
to deny permission to the law enforcement agency to release the data. The data 14
recording the location are confidential and not subject to the right of inspection and 15
copying under s. 19.35 (1) unless each individual who is a known victim or witness 16
or an owner, or a person authorized by each such individual as described under s. 17
19.32 (1m), provides the law enforcement agency with written permission for the 18
2. If the law enforcement agency has not received the requisite permission to 20
release data under subd. 1. within 14 business days after the law enforcement agency 21
makes the request, or a longer period determined by the law enforcement agency, the 22
law enforcement agency shall deny the request, but any written permission for the 23
release received after that period shall be valid as to any subsequent request for the 24
3. After a law enforcement agency makes a request for permission under subd. 2
1., the law enforcement agency is not required to make such a request for any 3
subsequent request under s. 19.35 (1) for the same data.
4. A law enforcement agency shall retain any correspondence related to data 5
to which this paragraph applies for at least as long as the law enforcement agency 6
retains the data to which the correspondence relates.
(d) 1. Notwithstanding par. (b), a law enforcement agency may release data 8
from a body camera if the law enforcement agency determines that releasing the data 9
is in the interests of justice, except as provided in subd. 2.
2. If data from a body camera record a location where an individual may have 11
a reasonable expectation of privacy, a law enforcement agency may not release data 12
under subd. 1. unless each individual who is a known victim or witness or an owner, 13
or a person authorized by each such individual as described under s. 19.32 (1m), 14
provides the law enforcement agency with written permission for the release.
(e) 1. In this paragraph, “authority” has the meaning given in s. 19.32 (1).
2. For purposes of requests under s. 19.35 (1) for access to data from a body 17
camera used by a law enforcement agency, the law enforcement agency is the legal 18
custodian of the record, and if any other authority has custody of any such data, that 19
authority is not the legal custodian of that data. If any other authority receives a 20
request under s. 19.35 (1) for that data, that authority shall deny any portion of the 21
request that relates to that data.
(f) Nothing in this subsection prohibits the release of data from a body camera 23
under s. 175.47 (5) (b).