Amendment ASA1-AB351

LRBs0153/1

CMH&MED:amn

2017 - 2018 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 351

October 27, 2017 - Offered by Representative Kremer.

AB351-ASA1,1,2 An Act to create 165.87 of the statutes; relating to: body cameras on law enforcement officers.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB351-ASA1,1 Section 1. 165.87 of the statutes is created to read:

AB351-ASA1,1,6 165.87 Body cameras on law enforcement. (1) (a) If a law enforcement agency uses a body camera on a law enforcement officer, the law enforcement agency shall administer a policy regarding all of the following:

AB351-ASA1,1,8 1. The use, maintenance, and storage of body cameras and data recorded by the body cameras.

AB351-ASA1,1,10 2. Any limitations the law enforcement agency imposes on which law enforcement officers may wear a body camera.

AB351-ASA1,1,12 3. Any limitations the law enforcement agency imposes on situations, persons, or encounters that may be recorded by a body camera.

AB351-ASA1,2,2 (b) If a law enforcement agency uses a body camera on a law enforcement officer, the law enforcement agency shall do all of the following:

AB351-ASA1,2,4 1. Train all law enforcement officers wearing a body camera on the policy under par. (a) and on the requirements under sub. (2).

AB351-ASA1,2,6 2. Train all employees that use, maintain, store, or release data from a body camera on the policy under par. (a) and on the requirements under subs. (2) and (3).

AB351-ASA1,2,9 3. Periodically review practices regarding the body cameras and data from body cameras to ensure compliance with the policy under par. (a) and the requirements under subs. (2) and (3).

AB351-ASA1,2,12 (2) (a) Except as provided in pars. (b), (c), and (d), all data from a body camera shall be retained for a minimum of 120 days after the date of recording and may be destroyed after that time.

AB351-ASA1,2,15 (b) Data recording any of the following shall be retained until final disposition of any case or complaint to which the data pertains, except as provided in pars. (c) and (d):

AB351-ASA1,2,17 1. An encounter that resulted in the death of any individual or actual or alleged physical injury to an individual.

AB351-ASA1,2,18 2. An encounter that resulted in a custodial arrest.

AB351-ASA1,2,20 3. A search during an authorized temporary questioning as provided in s. 968.25.

AB351-ASA1,3,2 (c) Retention beyond the period determined under par. (a) or (b) may be directed by a law enforcement officer or law enforcement agency, a board of police and fire commissioners, a prosecutor, a defendant, or a court that determines that the data have evidentiary value in a prosecution. A person making a preservation directive under this paragraph shall submit the directive to the law enforcement agency having custody of the record within 120 days after the date of recording.

AB351-ASA1,3,6 (d) Data that are used in a criminal, civil, or administrative proceeding may not be destroyed except upon final disposition, a determination from the court or hearing examiner that the data are no longer needed, and an order from the court or hearing examiner.

AB351-ASA1,3,7 (3) (a) In this subsection:

AB351-ASA1,3,9 1. “Known victim or witness" means an individual to whom all of the following apply:

AB351-ASA1,3,11 a. The individual is depicted in the recording, or the individual's voice is audible in the recording.

AB351-ASA1,3,12 b. The individual's identity is known to the law enforcement agency.

AB351-ASA1,3,15 c. The individual is not suspected of committing a crime or other violation of law in connection with the law enforcement officer's presence in the location that was recorded.

AB351-ASA1,3,16 2. “Owner" means an individual to whom all of the following apply:

AB351-ASA1,3,18 a. The individual owns or otherwise controls the property at the location that was recorded.

AB351-ASA1,3,21 b. The individual is not suspected of committing a crime or other violation of law in connection with the law enforcement officer's presence in the location that was recorded.

AB351-ASA1,4,2 (b) Data from a body camera are confidential and not open to inspection and copying under s. 19.35 (1) unless the data record anything specified in sub. (2) (b) 1., 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 in par. (c).

AB351-ASA1,4,18 (c) 1. If a law enforcement agency has otherwise decided under s. 19.35 to permit access to data from a body camera that is subject to disclosure under par. (b) and the data record a location where an individual may have a reasonable expectation of privacy, the law enforcement agency shall, before permitting access and subject to subd. 3., serve notice of the request for the data on each individual who is a known victim or witness or an owner, or a person authorized by each such individual as described under s. 19.32 (1m), either by mail or by personally serving the notice. The notice may be mailed to the individual's or person's last-known address if his or her current address is not known. The notice shall briefly describe the requested data and include a description of the rights of the individual or person to deny permission to the law enforcement agency to release the data. The data recording the location are confidential and not subject to the right of inspection and copying under s. 19.35 (1) unless each individual who is a known victim or witness or an owner, or a person authorized by each such individual as described under s. 19.32 (1m), provides the law enforcement agency with written permission for the release.

AB351-ASA1,4,24 2. If the law enforcement agency has not received the requisite permission to release data under subd. 1. within 14 business days after the law enforcement agency makes the request, or a longer period determined by the law enforcement agency, the law enforcement agency shall deny the request, but any written permission for the release received after that period shall be valid as to any subsequent request for the same data.

AB351-ASA1,5,3 3. After a law enforcement agency makes a request for permission under subd. 1., the law enforcement agency is not required to make such a request for any subsequent request under s. 19.35 (1) for the same data.

AB351-ASA1,5,6 4. A law enforcement agency shall retain any correspondence related to data to which this paragraph applies for at least as long as the law enforcement agency retains the data to which the correspondence relates.

AB351-ASA1,5,9 (d) 1. Notwithstanding par. (b), a law enforcement agency may release data from a body camera if the law enforcement agency determines that releasing the data is in the interests of justice, except as provided in subd. 2.

AB351-ASA1,5,14 2. If data from a body camera record a location where an individual may have a reasonable expectation of privacy, a law enforcement agency may not release data under subd. 1. unless each individual who is a known victim or witness or an owner, or a person authorized by each such individual as described under s. 19.32 (1m), provides the law enforcement agency with written permission for the release.

AB351-ASA1,5,15 (e) 1. In this paragraph, “authority” has the meaning given in s. 19.32 (1).

AB351-ASA1,5,21 2. For purposes of requests under s. 19.35 (1) for access to data from a body camera used by a law enforcement agency, the law enforcement agency is the legal custodian of the record, and if any other authority has custody of any such data, that authority is not the legal custodian of that data. If any other authority receives a request under s. 19.35 (1) for that data, that authority shall deny any portion of the request that relates to that data.

AB351-ASA1,5,23 (f) Nothing in this subsection prohibits the release of data from a body camera under s. 175.47 (5) (b).

AB351-ASA1,5,24 (End)