SB766: Bill Text

SB766,5,5 3. An individual who intentionally violates sub. (1) (c) is guilty of a Class I felony.

SB766,5,6 (b) No law enforcement officer or personnel may do any of the following:

SB766,5,7 1. Access data from a body camera for personal use.

SB766,5,9 2. Record a conversation in public or in a law enforcement agency without the knowledge of the speakers during routine nonenforcement activities.

SB766,5,11 3. Record activity that is unrelated to a response to a call or to an interaction initiated for enforcement or investigation purposes.

SB766,5,12 4. Record off-duty or personal activity.

SB766,5,13 5. Use a body camera for a purpose other than law enforcement.

SB766,5,16 6. Merge data from a body camera with other data collected by a law enforcement agency or subject data from a body camera to automated analysis or analytics.

SB766,5,19 7. Record activity with the intent of inhibiting or curbing the exercise of a right under the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution.

SB766,5,22 (c) Unless a law enforcement officer is confronting a violent suspect or anticipates the need to use force or unless a person is at risk of bodily harm or death, a law enforcement officer may not record any of the following:

SB766,6,2 1. A situation in which a recording could risk the safety of an informant, as defined in s. 19.36 (8) (a) 1., or an undercover officer unless the law enforcement officer receives from the informant or the undercover officer, whichever is applicable, permission, recorded on the body camera data.

SB766,6,5 2. An individual who wants to anonymously report a crime or aid an investigation unless the law enforcement officer receives permission from the individual, recorded on the body camera data.

SB766,6,7 3. A strip search unless the law enforcement officer receives permission from the subject of the search, recorded on the body camera data.

SB766,6,9 4. Any activity on the grounds of any public, private, or parochial elementary or secondary school that does not involve a threat to life or safety.

SB766,6,13 5. Any activity in a patient care area of a hospital, rape treatment center, or other health care facility that does not involve an enforcement action unless the law enforcement officer receives permission, recorded on the body camera data, from all the recorded subjects.

SB766,6,16 6. Any activity in a place where a significantly heightened expectation of privacy exists unless the law enforcement officer receives permission, recorded on the body camera data, from all the recorded subjects who have the expectation.

SB766,6,19 (d) A court may impose the following remedies if the court determines a law enforcement officer or member of law enforcement personnel violated this section or a policy under sub. (1) (a):

SB766,6,20 1. The court may suppress data recorded in violation of this section or a policy.

SB766,6,23 2. The court may presume in favor of a criminal defendant who reasonably asserts that an officer or member of personnel destroyed or failed to capture exculpatory data in violation of this section.

SB766,7,3 3. The court may presume on behalf of a civil plaintiff who reasonably asserts that an officer or member of personnel destroyed or failed to capture favorable data in violation of this section.

SB766,7,5 (4) (a) All data from a body camera shall be retained for 6 months and destroyed after that period, except as provided in pars. (b), (c), and (d) and s. 19.35 (5).

SB766,7,7 (b) Data shall be retained until any applicable issue is finally resolved or for 42 months, whichever is longer, if the data are a record of any of the following:

SB766,7,11 1. An encounter about which a formal or informal complaint has been filed by the subject of the data. The law enforcement agency that is the custodian of the data shall allow the subject to access the data in a timely manner to determine whether to file a complaint.

SB766,7,13 2. An encounter during which a law enforcement officer discharged his or her firearm or used force.

SB766,7,14 3. An encounter that resulted in the death of or bodily harm to any person.

SB766,7,16 4. An encounter that resulted in a detention or arrest, excluding a traffic stop that did not result in further detention or arrest.

SB766,7,19 5. An encounter with evidentiary value for a criminal proceeding, as determined by a supervisor, prosecutor, defendant, or court or the law enforcement officer.

SB766,7,25 6. An encounter that is or may be used as evidence in any court or administrative proceeding, as determined by the law enforcement agency that is the custodian, by the law enforcement officer, or by an individual who is the subject of the data. The law enforcement agency that is the custodian of the data shall allow the subject to access the data in a timely manner to determine if the data must be retained under this subdivision.

SB766,8,1 7. A subject of an ongoing investigation.

SB766,8,4 (c) If, within the immediately preceding 6 months, data have been the subject of an open records request regarding a specific law enforcement incident, the data relating to that specific incident shall be retained.

SB766,8,6 (d) A law enforcement agency may retain data from a body camera for any period if the data will be used only for law enforcement training purposes.

SB766,8,8 (5) (a) Data from a body camera are subject to the right of inspection and copying under s. 19.35 (1), except as provided in pars. (b) and (c).

SB766,8,10 (b) Data from a body camera are not open to inspection and copying under s. 19.35 (1) if any of the following applies:

SB766,8,11 1. The data are subject only to the 6-month retention period under sub. (4) (a).

SB766,8,12 2. The data depict nudity.

SB766,8,13 3. The data depict matter that is subject to a privilege under ch. 905.

SB766,8,24 (c) 1. It shall be the public policy of this state that the privacy of a victim of a sensitive or violent crime, or the privacy of a minor, who is a subject of the data shall be maintained and that access to such data shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the victim's or minor's face and anything else that would allow the victim or minor to be identified shall be censored using pixelization or another method of censorship. The presumption regarding the privacy of a victim under this subdivision does not apply if the victim, or his or her next of kin if the victim is deceased, does not object to granting access to the data. The presumption regarding the privacy of a minor under this subdivision does not apply if the parent or legal guardian of the minor does not object to granting access to the data.

SB766,9,8 2. It shall be the public policy of this state that the privacy of an individual who is a subject of the data in a location where the individual has a reasonable expectation of privacy shall be maintained and that access to such data shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the individual's face and anything else that would allow the individual to be identified shall be censored using pixelization or another method of censorship. The presumption under this subdivision does not apply if the individual does not object to granting access to the data.

SB766,9,14 (d) For purposes of requests under s. 19.35 (1) for access to a record under this section, the law enforcement agency is the legal custodian of the record. Neither a party to a contract regarding any aspect of the use of body cameras nor a person that has custody of a record under this section for the primary purpose of information storage, information technology processing, or other information technology usage is the legal custodian of the record.

SB766,9,15 (6) The law enforcement body camera council shall do all of the following:

SB766,9,20 (a) Establish best practices and standards for the use of a body camera by a law enforcement agency and, beginning one year after the effective date of this paragraph .... [LRB inserts date], submit an annual report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that includes recommendations to the legislature on the subject of body cameras.

SB766,9,22 (b) Examine best practices for data storage, including determining if centralized storage of data is feasible, cost effective, and efficient.

SB766,9,25 (c) Establish best practices for determining when a law enforcement officer or law enforcement personnel may access or review data recorded by a body camera, including which personnel and for what purposes.

SB766,10,3 (d) Develop guidelines for where a law enforcement officer must wear his or her body camera, including whether it should be in public view and where on his or her torso or head it should be worn.

SB766,10,6 (e) Establish best practices on any issues the council finds appropriate for ensuring that data recorded by a body camera are uploaded, processed, and stored properly and securely, including all of the following:

SB766,10,7 1. Classification, download, and storage of data.

SB766,10,8 2. Data security.

SB766,10,10 3. Discipline of law enforcement officers for violating agency policy on body cameras.

SB766,10,11 4. Administrative use of recordings.

SB766,10,12 5. Which law enforcement officers should wear body cameras.

SB766,10,14 (f) Establish best practices for open records and public release of body camera data.

SB766,4 Section 4. 165.87 (6) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

SB766,5 Section 5. Nonstatutory provisions.

SB766,10,20 (1) Notwithstanding section 15.257 (3) (b) of the statutes, as created by this act, the initial members of the council appointed under section 15.257 (3) (a) of the statutes, as created by this act, shall be appointed for the following terms:

SB766,10,22 (a) One member appointed under section 15.257 (3) (a) 1. of the statutes for a term expiring one year after the initial appointment.

SB766,10,24 (b) The members appointed under section 15.257 (3) (a) 3., 5., 7., 9., and 11. of the statutes for a term expiring one year after the initial appointment.

SB766,6 Section 6. Effective dates. This act takes effect on the day after publication, except as follows:

SB766,11,4 (1) The repeal of sections 15.257 (3) and 165.87 (6) of the statutes takes effect on the first day of the 121st month beginning after publication.

SB766,11,5 (End)