,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccfd ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjai,ms4 ,norton 7for herself and ,mr4 ,beyer7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require uniformed ,federal police officers to wear body cameras and have dashboard cameras in marked vehicles4 #a4 ,short title ,this ,act may be cited as the ,federal ,police ,camera and ,accountability ,act of #bjai4 #b4 ,requirements for ,federal uniformed officers regarding the use of body cameras 7a7 ,uniformed officers with the authority to conduct searches and make arrests shall wear a body camera4 ,such body cameras shall-- 7#a7 have a field of view at least as broad as the officer's vision2 and 7#b7 be worn in a manner that maximizes the camera's ability to capture video footage of the officer's activities4 7b7 ,both the video and audio recording functions of the body camera shall be activated whenever a uniformed officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a uniformed officer and a member of the public1 except that when an immediate threat to the officer's life or safety makes activating the camera impossible or dangerous1 the officer shall activate the camera at the first reasonable opportunity to do so4 ,the body camera shall not be deactivated until the encounter has fully concluded and the uniformed officer leaves the scene4 7c7 ,a uniformed officer who is wearing a body camera shall notify any subject of the recording that he or she is being recorded by a body camera as close to the inception of the encounter as is reasonably possible4 7d7 ,notwithstanding the requirements of subsection 7b71 the following shall apply to the use of a body camera3 7#a7 ,prior to entering a private residence without a warrant or in non-exigent circumstances1 a uniformed officer shall ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera4 ,if the occupant responds affirmatively1 the uniformed officer shall immediately discontinue use of the body camera4 ,the officer shall record such communication using the officer's body camera4 7#b7 ,when interacting with an apparent crime victim1 a uniformed officer shall1 as soon as practicable1 ask the apparent crime victim if the apparent crime victim wants the officer to discontinue use of the officer's body camera4 ,if the apparent crime victim responds affirmatively1 the uniformed officer shall immediately discontinue use of the body camera4 7#c7 ,when interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation1 a uniformed officer shall1 as soon as practicable1 ask the person seeking to remain anonymous1 if the person seeking to remain anonymous wants the officer to discontinue use of the officer's body camera4 ,if the person seeking to remain anonymous responds affirmatively1 the uniformed officer shall immediately discontinue use of the body camera4 7e7 ,all law enforcement offers to discontinue the use of a body camera made pursuant to subsection 7d71 and the responses thereto1 shall be recorded by the body camera prior to discontinuing use of the body camera4 7f7 ,body cameras shall not be used to gather intelligence information based on ,first ,amendment protected speech1 associations1 or religion1 or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative encounter between a law enforcement officer and a member of the public1 and shall not be equipped with or subjected to any real time facial recognition technologies4 7g7 ,officers shall not be required to use body cameras during investigative or enforcement encounters with the public in the case that-- 7#a7 recording would risk the safety of a confidential informant1 citizen informant1 or undercover officer2 7#b7 recording would pose a serious risk to national security2 or 7#c7 the officer is a military police officer1 a member of the ,united ,states ,army ,criminal ,investigation ,command1 or a protective detail assigned to a ,federal or foreign official while performing his or her duties4 7h7 ,uniformed officers shall not activate a body camera while on the grounds of any public1 private or parochial elementary or secondary school1 except when responding to an imminent threat to life or health4 7i7 ,body camera video footage shall be retained by the law enforcement agency that employs the officer whose camera captured the footage1 or an authorized agent thereof1 for #f months after the date it was recorded1 after which time such footage shall be permanently deleted4 7#a7 ,during the #f-month retention period1 the following persons shall have the right to inspect the body camera footage3 7,a7 ,any person who is a subject of body camera video footage1 and their designated legal counsel4 7,b7 ,a parent of a minor subject of body camera video footage1 and their designated legal counsel4 7,c7 ,the spouse1 next of kin1 or legally authorized designee of a deceased subject of body camera video footage1 and their designated legal counsel4 7,d7 ,a uniformed officer whose body camera recorded the video footage1 and their designated legal counsel1 subject to the limitations and restrictions in this ,act4 7,e7 ,the superior officer of a uniformed officer whose body camera recorded the video footage1 subject to the limitations and restrictions in this ,act4 7,f7 ,any defense counsel who claims1 pursuant to a written affidavit1 to have a reasonable basis for believing a video may contain evidence that exculpates a client4 7#b7 ,the right to inspect subject to subsection 7j77#a7 shall not include the right to possess a copy of the body camera video footage1 unless the release of the body camera footage is otherwise authorized by this ,act or by another applicable law4 7#c7 ,when a body camera fails to capture some or all of the audio or video of an incident due to malfunction1 displacement of camera1 or any other cause1 any audio or video footage that is captured shall be treated the same as any other body camera audio or video footage under the law4 7j7 ,notwithstanding the retention and deletion requirements in subsection 7i73 7#a7 ,video footage shall be automatically retained for no less than #c years if the video footage captures an interaction or event involving-- 7,a7 any use of force2 or 7,b7 an encounter about which a complaint has been registered by a subject of the video footage4 7#b7 ,body camera video footage shall also be retained for no less than #c years if a longer retention period is voluntarily requested by-- 7,a7 the uniformed officer whose body camera recorded the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value in an ongoing investigation2 7,b7 any uniformed officer who is a subject of the video footage1 if that officer reasonably asserts the video footage has evidentiary or exculpatory value2 7,c7 any superior officer of a uniformed officer whose body camera recorded the video footage or who is a subject of the video footage1 if that superior officer reasonably asserts the video footage has evidentiary or exculpatory value2 7,d7 any uniformed officer1 if the video footage is being retained solely and exclusively for police training purposes2 7,e7 any member of the public who is a subject of the video footage2 7,f7 any parent or legal guardian of a minor who is a subject of the video footage2 or 7,g7 a deceased subject's spouse1 next of kin1 or legally authorized designee4 7k7 ,to effectuate subsections 7j77#b77;,e71 7j77#b77;,f71 and 7j77#b77;,g71 any member of the public who is a subject of video footage1 the parent or legal guardian of a minor who is a subject of the video footage1 or a deceased subject's next of kin or legally authorized designee1 shall be permitted to review the specific video footage in question in order to make a determination as to whether they will voluntarily request it be subjected to a #c-year retention period4 7l7 ,all video footage of an interaction or event captured by a body camera1 if that interaction or event is identified with reasonable specificity and requested by a member of the public1 shall be provided to the person or entity making the request in accordance with the procedures for requesting and providing government records set forth in the section #eeb;a of title #e1 ,united ,states ,code4 7#a7 ,notwithstanding the public release requirements in this subsection1 the following categories of video footage shall not be released to the public in the absence of express written permission from the non-law enforcement subjects of the video footage-- 7,a7 video footage not subject to a minimum #c-year retention period pursuant to subsection 7j72 and 7,b7 video footage that is subject to a minimum #c-year retention period solely and exclusively pursuant to subsection 7j77#a77;,b7 or 7j77#b74 7#b7 ,notwithstanding any time periods established for acknowledging and responding to records requests in section #eeb;a of title #e1 ,united ,states ,code1 responses to requests for video footage that is subject to a minimum #c-year retention period pursuant to subsection 7j77#a77;,a71 where a subject of the video footage is recorded being killed1 shot by a firearm1 or grievously injured1 shall be prioritized and the requested video footage shall be provided as expeditiously as possible1 but in no circumstances later than #e days following receipt of the request4 7#c7 ,whenever doing so is necessary to protect personal privacy1 the right to a fair trial1 the identity of a confidential source or crime victim1 or the life or physical safety of any person appearing in video footage1 redaction technology may be used to obscure the face and other personally identifying characteristics of that person1 including the tone of the person's voice1 provided the redaction does not interfere with a viewer's ability to fully1 completely1 and accurately comprehend the events captured on the video footage4 ,the following apply to such redactions3 7,a7 ,when redaction is performed on video footage pursuant to this paragraph1 an unedited1 original version of the video footage shall be retained pursuant to the requirements of subsections 7i7 and 7j74 7,b7 ,except pursuant to the rules for the redaction of video footage set forth in this subsection or where it is otherwise expressly authorized by this ,act1 no other editing or alteration of video footage1 including a reduction of the video footage's resolution1 shall be permitted4 7#d7 ,the provisions governing the production of body camera video footage to the public in this ,act shall take precedence over all other ,state and local laws1 rules1 and regulations to the contrary4 7m7 ,body camera video footage may not be withheld from the public on the basis that it is an investigatory record or was compiled for law enforcement purposes where any person under investigation or whose conduct is under review is a police officer or other law enforcement employee and the video footage relates to that person's on-the-job conduct4 7n7 ,any video footage retained beyond #f months solely and exclusively pursuant to subsection 7j77#b77;,d7 shall not be admissible as evidence in any criminal or civil legal or administrative proceeding4 7o7 ,no government agency or official1 or law enforcement agency1 officer1 or official may publicly disclose1 release1 or share body camera video footage unless-- 7#a7 doing so is expressly authorized pursuant to this ,act or another applicable law2 or 7#b7 the video footage is subject to public release pursuant to subsection 7l71 and not exempted from public release pursuant to subsection 7l77#a74 7p7 ,no uniformed officer shall review or receive an accounting of any body camera video footage that is subject to a minimum #c-year retention period pursuant to subsection 7j77#a7 prior to completing any required initial reports1 statements1 and interviews regarding the recorded event1 unless doing so is necessary1 while in the field1 to address an immediate threat to life or safety4 7q7 ,video footage may not be-- 7#a7 in the case of footage that is not subject to a minimum #c-year retention period1 viewed by any superior officer of a uniformed officer whose body camera recorded the footage absent a specific allegation of misconduct2 or 7#b7 subjected to facial recognition or any other form of automated analysis or analytics of any kind1 unless-- 7,a7 a judicial warrant providing authorization is obtained2 7,b7 the judicial warrant specifies the precise video recording to which the authorization applies2 and 7,c7 the authorizing court finds there is probable cause to believe that the requested use of facial recognition is relevant to an ongoing criminal investigation4 7r7 ,video footage shall not be divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose4 7s7 ,where a law enforcement agency authorizes a third party to act as its agent in maintaining body camera footage1 the agent shall not be permitted to independently access1 view1 or alter any video footage1 except to delete videos as required by law or agency retention policies4 7t7 ,if any uniformed officer1 employee1 or agent fails to adhere to the recording or retention requirements contained in this ,act1 intentionally interfere with a body camera's ability to accurately capture video footage1 or otherwise manipulate the video footage captured by a body camera during or after its operation-- 7#a7 appropriate disciplinary action shall be taken against the individual officer1 employee1 or agent2 7#b7 a rebuttable evidentiary presumption shall be adopted in favor of criminal defendants who reasonably assert that exculpatory evidence was destroyed or not captured2 and 7#c7 a rebuttable evidentiary presumption shall be adopted on behalf of civil plaintiffs suing the government1 a law enforcement agency and_/or uniformed officers for damages based on police misconduct who reasonably assert that evidence supporting their claim was destroyed or not captured4 7u7 ,the disciplinary action requirement and rebuttable presumptions in subsection 7s7 may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible4 7v7 ,in the case that a law enforcement officer equipped with a body camera is involved in1 a witness to1 or within viewable sight range of either the use of force by another law enforcement officer that results in a death1 the use of force by another law enforcement officer1 during which the discharge of a firearm results in an injury1 or the conduct of another law enforcement officer that becomes the subject of a criminal investigation-- 7#a7 the law enforcement agency that employs the law enforcement officer1 or the agency or department conducting the related criminal investigation1 as appropriate1 shall promptly take possession of the body camera1 and shall maintain such camera1 and any data on such camera1 in accordance with the applicable rules governing the preservation of evidence2 7#b7 a copy of the data on such body camera shall be made in accordance with prevailing forensic standards for data collection and reproduction2 and 7#c7 such copied data shall be made available to the public in accordance with subsection 7m74 7w7 ,any body camera video footage recorded in contravention of this ,act or any other applicable law may not be offered as evidence by any government entity1 agency1 department1 prosecutorial office1 or any other subdivision thereof in any criminal or civil action or proceeding against any member of the public4 7x7 ,any law enforcement policy or other guidance regarding body cameras1 their use1 or the video footage therefrom that is adopted by a ,federal agency or department1 shall be made publicly available on that agency's website4 7y7 ,nothing in this ,act shall be read to contravene any laws governing the maintenance1 production1 and destruction of evidence in criminal investigations and prosecutions4 7z7 ,as used in this ,act3 7#a7 ,the term uniformed officer means any person authorized by law to conduct searches and effectuate arrests1 either with or without a warrant1 and who is employed by the ,federal ,government4 7#b7 ,the term minor means any person under #ah years of age4 7#c7 ,the term subject of the video footage means any identifiable uniformed officer or any identifiable suspect1 victim1 detainee1 conversant1 injured party1 or other similarly situated person who appears on the body camera recording1 and shall not include people who only incidentally appear on the recording4 7#d7 ,the term use of force means any action by a uniformed officer that-- 7,a7 results in death1 injury1 complaint of injury1 or complaint of pain that persists beyond the use of a physical control hold2 7,b7 involves the use of a weapon1 including a personal body weapon1 chemical agent1 impact weapon1 extended range impact weapon1 sonic weapon1 sensory weapon1 conducted energy device1 or firearm1 against a member of the public2 or 7,c7 involves any intentional pointing of a firearm at a member of the public4 7#e7 ,the term video footage means any images or audio recorded by a body camera4 #c4 ,patrol vehicles with in-car video recording cameras 7a7 ,as used in this section3 7#a7 ,the term audio recording means the recorded conversation between an officer and a second party4 7#b7 ,the term emergency lights means oscillating1 rotating1 or flashing lights on patrol vehicles4 7#c7 ,the term in-car video camera means a video camera located in a patrol vehicle4 7#d7 ,the term in-car video camera recording equipment means a video camera recording system located in a patrol vehicle consisting of a camera assembly1 recording mechanism1 and an in-car video recording medium4 7#e7 ,the term enforcement stop means an action by an officer in relation to enforcement and investigation duties1 including traffic stops1 pedestrian stops1 abandoned vehicle contacts1 motorist assists1 commercial motor vehicle stops1 roadside safety checks1 requests for identification1 or responses to requests for emergency assistance4 7#f7 ,the term recording means the process of capturing data or information stored on a recording medium as required under this section4 7#g7 ,the term recording medium means any recording medium for the retention and playback of recorded audio and video including ,,vhs1 ,,dvd1 hard drive1 solid state1 digital1 or flash memory technology4 7#h7 ,the term wireless microphone means a device worn by the officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment4 7b7 ,each ,federal law enforcement agency shall install in-car video camera recording equipment in all patrol vehicles with a recording medium capable of recording for a period of #aj hours or more and capable of making audio recordings with the assistance of a wireless microphone4 7c7 ,in-car video camera recording equipment with a recording medium capable of recording for a period of #aj hours or more shall record activities outside a patrol vehicle whenever 7i7 an officer assigned a patrol vehicle is conducting an enforcement stop2 7ii7 patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement2 or 7iii7 an officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose4 ,in-car video camera recording equipment with a recording medium incapable of recording for a period of #aj hours or more shall record activities inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose4 7#a7 ,recording for an enforcement stop shall begin when the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed and the subject of the enforcement stop or the officer has left the scene4 7#b7 ,recording shall begin when patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement1 and shall continue until the reason for the activation ceases to exist1 regardless of whether the emergency lights are no longer activated4 7#c7 ,an officer may begin recording if the officer reasonably believes recording may assist with prosecution1 enhance safety1 or for any other lawful purpose2 and shall continue until the reason for recording ceases to exist4 7d7 ,in-car video camera recording equipment with a recording medium capable of recording for a period of #aj hours or more shall record activities whenever a patrol vehicle is assigned to patrol duty4 7e7 ,any enforcement stop shall be video and audio recorded4 ,audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation4 7f7 ,recordings made on in-car video camera recording medium shall be retained for a storage period of at least #ij days4 ,under no circumstances shall any recording made on in-car video camera recording medium be altered or erased prior to the expiration of the designated storage period4 ,upon completion of the storage period1 the recording medium may be erased and reissued for operational use unless otherwise ordered or if designated for evidentiary or training purposes4 7g7 ,audio or video recordings made pursuant to this section shall be available under the applicable provisions of section #eeb;a of title #e1 ,united ,states ,code4 ,only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying4 7h7 ,the agency shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium4 ,an officer operating a patrol vehicle must immediately document and notify the appropriate person of any technical difficulties1 failures1 or problems with the in-car video camera recording equipment or recording medium4 ,upon receiving notice1 every reasonable effort shall be made to correct and repair any of the in-car video camera recording equipment or recording medium and determine if it is in the public interest to permit the use of the patrol vehicle4 #d4 ,facial recognition technology ,no camera or recording device authorized or required to be used under this ,act may employ facial recognition technology4 #e4 ,,gao study ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study on ,federal police officers' training1 vehicle pursuits1 use of force1 and interaction with citizens1 and submit a report on such study to-- 7#a7 the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate2 7#b7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7#c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #f4 ,regulations ,not later than #f months after the date of the enactment of this ,act1 the ,attorney ,general shall issue such final regulations as are necessary to carry out this ,act4 #g4 ,rule of construction ,nothing in this ,act shall be construed to impose any requirement on a uniformed officer outside of the course of carrying out that officer's duty4