AB351-ASA1,1,6 4165.87 Body cameras on law enforcement. (1) (a) If a law enforcement
5agency uses a body camera on a law enforcement officer, the law enforcement agency
6shall administer a policy regarding all of the following:
AB351-ASA1,1,87 1. The use, maintenance, and storage of body cameras and data recorded by the
8body cameras.
AB351-ASA1,1,109 2. Any limitations the law enforcement agency imposes on which law
10enforcement officers may wear a body camera.
AB351-ASA1,1,1211 3. Any limitations the law enforcement agency imposes on situations, persons,
12or encounters that may be recorded by a body camera.
AB351-ASA1,2,2
1(b) If a law enforcement agency uses a body camera on a law enforcement
2officer, the law enforcement agency shall do all of the following:
AB351-ASA1,2,43 1. Train all law enforcement officers wearing a body camera on the policy under
4par. (a) and on the requirements under sub. (2).
AB351-ASA1,2,65 2. Train all employees that use, maintain, store, or release data from a body
6camera on the policy under par. (a) and on the requirements under subs. (2) and (3).
AB351-ASA1,2,97 3. Periodically review practices regarding the body cameras and data from body
8cameras to ensure compliance with the policy under par. (a) and the requirements
9under subs. (2) and (3).
AB351-ASA1,2,12 10(2) (a) Except as provided in pars. (b), (c), and (d), all data from a body camera
11shall be retained for a minimum of 120 days after the date of recording and may be
12destroyed after that time.
AB351-ASA1,2,1513 (b) Data recording any of the following shall be retained until final disposition
14of any case or complaint to which the data pertains, except as provided in pars. (c)
15and (d):
AB351-ASA1,2,1716 1. An encounter that resulted in the death of any individual or actual or alleged
17physical injury to an individual.
AB351-ASA1,2,1818 2. An encounter that resulted in a custodial arrest.
AB351-ASA1,2,2019 3. A search during an authorized temporary questioning as provided in s.
20968.25.
AB351-ASA1,3,221 (c) Retention beyond the period determined under par. (a) or (b) may be directed
22by a law enforcement officer or law enforcement agency, a board of police and fire
23commissioners, a prosecutor, a defendant, or a court that determines that the data
24have evidentiary value in a prosecution. A person making a preservation directive

1under this paragraph shall submit the directive to the law enforcement agency
2having custody of the record within 120 days after the date of recording.
AB351-ASA1,3,63 (d) Data that are used in a criminal, civil, or administrative proceeding may
4not be destroyed except upon final disposition, a determination from the court or
5hearing examiner that the data are no longer needed, and an order from the court
6or hearing examiner.
AB351-ASA1,3,7 7(3) (a) In this subsection:
AB351-ASA1,3,98 1. “Known victim or witness" means an individual to whom all of the following
9apply:
AB351-ASA1,3,1110 a. The individual is depicted in the recording, or the individual's voice is audible
11in the recording.
AB351-ASA1,3,1212 b. The individual's identity is known to the law enforcement agency.
AB351-ASA1,3,1513 c. The individual is not suspected of committing a crime or other violation of
14law in connection with the law enforcement officer's presence in the location that was
15recorded.
AB351-ASA1,3,1616 2. “Owner" means an individual to whom all of the following apply:
AB351-ASA1,3,1817 a. The individual owns or otherwise controls the property at the location that
18was recorded.
AB351-ASA1,3,2119 b. The individual is not suspected of committing a crime or other violation of
20law in connection with the law enforcement officer's presence in the location that was
21recorded.
AB351-ASA1,4,222 (b) Data from a body camera are confidential and not open to inspection and
23copying under s. 19.35 (1) unless the data record anything specified in sub. (2) (b) 1.,
242., or 3. If the data record anything specified in sub. (2) (b) 1., 2., or 3., the data are

1subject to the right of inspection and copying under s. 19.35 (1), except as provided
2in par. (c).
AB351-ASA1,4,183 (c) 1. If a law enforcement agency has otherwise decided under s. 19.35 to
4permit access to data from a body camera that is subject to disclosure under par. (b)
5and the data record a location where an individual may have a reasonable
6expectation of privacy, the law enforcement agency shall, before permitting access
7and subject to subd. 3., serve notice of the request for the data on each individual who
8is a known victim or witness or an owner, or a person authorized by each such
9individual as described under s. 19.32 (1m), either by mail or by personally serving
10the notice. The notice may be mailed to the individual's or person's last-known
11address if his or her current address is not known. The notice shall briefly describe
12the requested data and include a description of the rights of the individual or person
13to deny permission to the law enforcement agency to release the data. The data
14recording the location are confidential and not subject to the right of inspection and
15copying under s. 19.35 (1) unless each individual who is a known victim or witness
16or an owner, or a person authorized by each such individual as described under s.
1719.32 (1m), provides the law enforcement agency with written permission for the
18release.
AB351-ASA1,4,2419 2. If the law enforcement agency has not received the requisite permission to
20release data under subd. 1. within 14 business days after the law enforcement agency
21makes the request, or a longer period determined by the law enforcement agency, the
22law enforcement agency shall deny the request, but any written permission for the
23release received after that period shall be valid as to any subsequent request for the
24same data.
AB351-ASA1,5,3
13. After a law enforcement agency makes a request for permission under subd.
21., the law enforcement agency is not required to make such a request for any
3subsequent request under s. 19.35 (1) for the same data.
AB351-ASA1,5,64 4. A law enforcement agency shall retain any correspondence related to data
5to which this paragraph applies for at least as long as the law enforcement agency
6retains the data to which the correspondence relates.
AB351-ASA1,5,97 (d) 1. Notwithstanding par. (b), a law enforcement agency may release data
8from a body camera if the law enforcement agency determines that releasing the data
9is in the interests of justice, except as provided in subd. 2.
AB351-ASA1,5,1410 2. If data from a body camera record a location where an individual may have
11a reasonable expectation of privacy, a law enforcement agency may not release data
12under subd. 1. unless each individual who is a known victim or witness or an owner,
13or a person authorized by each such individual as described under s. 19.32 (1m),
14provides the law enforcement agency with written permission for the release.
AB351-ASA1,5,1515 (e) 1. In this paragraph, “authority” has the meaning given in s. 19.32 (1).
AB351-ASA1,5,2116 2. For purposes of requests under s. 19.35 (1) for access to data from a body
17camera used by a law enforcement agency, the law enforcement agency is the legal
18custodian of the record, and if any other authority has custody of any such data, that
19authority is not the legal custodian of that data. If any other authority receives a
20request under s. 19.35 (1) for that data, that authority shall deny any portion of the
21request that relates to that data.
AB351-ASA1,5,2322 (f) Nothing in this subsection prohibits the release of data from a body camera
23under s. 175.47 (5) (b).
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