,,ii #aafth ,,congress #b;d ,session ,s4 #difb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #c1 #bjbj,mr4 ,schatz introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh to authorize a grant program to assist ,state and local law enforcement agencies in purchasing body-worn cameras and securely storing and maintaining recorded data for law enforcement officers4 #a4 ,short title ,this ,act may be cited as the ,police ,creating ,accountability by ,making ,effective ,recording ,available ,act of #bjbj or the ,police ,,camera ,act of #bjbj4 #b4 ,matching grant program for law enforcement body-worn cameras ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,oo ,matching grant program for law enforcement body-worn cameras and recorded data #cjea4 ,grant program authorized 7a7 ,in general ,the ,director of the ,bureau of ,justice ,assistance 7in this section referred to as the ,director7 may make grants to ,states1 units of local government1 and ,indian tribes to purchase or lease body-worn cameras for use by ,state1 local1 and tribal law enforcement officers 7as defined in section #bejc7 and expenses related to the implementation of a body-worn camera program in order to-- 7#a7 deter excessive force1 and unlawful stops1 searches1 and arrests2 7#b7 improve supervision1 accountability1 and transparency of use of force by law enforcement officers2 7#c7 assist in responding to complaints against law enforcement officers2 and 7#d7 improve evidence collection1 data collection1 and retention4 7b7 ,duration of grants 7#a7 ,in general ,grants awarded under this part shall be #b years in duration4 7#b7 ,disbursement of grant amount ,in disbursing a grant awarded to an entity under this section-- 7,a7 upon awarding the grant to the entity1 the ,director shall disburse #ej percent of the total grant amount to the entity2 and 7,b7 upon demonstration by the entity of completion of the requirements in subsection 7d77#a71 the ,director shall disburse the remaining #ej percent of the total grant amount to the entity4 7c7 ,use of funds ,grants awarded under this section shall be-- 7#a7 distributed directly to the ,state1 unit of local government1 or ,indian tribe2 and 7#b7 used solely for-- 7,a7 the purchase or lease of body-worn cameras and voice recorders for law enforcement officers authorized to work in the jurisdiction of the grantee1 including use while on patrol or during a secondary employment2 7,b7 any costs relating to the implementation of a body-worn camera program1 including law enforcement officer training or the storage1 maintenance1 or security of recorded data collected under a body-worn camera program2 or 7,c7 implementing policies or procedures to comply with the requirements described in subsection 7d74 7d7 ,requirements 7#a7 ,in general ,the ,director shall award a grant under this section to a ,state1 unit of local government1 or ,indian tribe requesting the grant that commits to1 not later than #cj days after the date on which the grant is disbursed-- 7,a7 establishing and enforcing policies and procedures in accordance with the requirements described in paragraph 7#b7 before law enforcement officers use or operation of body-worn cameras2 7,b7 ensuring law enforcement officers follow such policies and procedures through defined accountability metrics and systems1 including supervisors' routine audits of recorded video and audio2 7,c7 adopting consistent and proportional disciplinary actions when policy violations occur1 and maintain detailed personnel and disciplinary records that reflect all violations of the policies and procedures described herein2 7,d7 adopting recorded data collection and retention protocols as described in paragraph 7#c7 before law enforcement officers use of body-worn cameras2 7,e7 making the policies and protocols described in subparagraphs 7,a7 and 7,d7 available to the public2 7,f7 complying with the requirements for use of recorded data under paragraph 7#e72 7,g7 ensuring the grantee's department uses a fully functioning and up-to-date collection database1 that adheres to the requirements of this part2 and 7,h7 prohibiting the use or implementation of facial recognition and biometric technology4 7#b7 ,required policies and procedures ,an entity receiving a grant under this section shall-- 7,a7 solicit1 document1 and incorporate input from impacted persons1 communities1 or organizations1 including representatives of local civil rights organizations and victims of police use of force or unlawful stops1 searches1 and arrests and publish for public view policies and protocols for-- 7i7 the safe and effective use of body-worn cameras1 including the activation and termination of recordings1 including the activation of a body-worn camera when a law enforcement officer removes the weapon of the officer from the holster2 7ii7 the secure storage1 handling1 retention1 and destruction of recorded data collected by body-worn cameras2 7iii7 the use of recorded data in making incident reports1 including a prohibition on the viewing of recorded data during the course of an investigation and prior to filing reports1 making statements1 or participating in interviews1 by all the officers and supervisors present during the incident2 7iv7 protecting the privacy rights of any individual who may be recorded by a body-worn camera2 7v7 prohibiting a law enforcement officer from viewing the recorded footage before making an initial written report or statement1 if that officer is under investigation2 7vi7 the release of any recorded data collected by a body-worn camera in accordance with the open records laws1 if any1 of the ,state2 and 7vii7 making recorded data available to prosecutors1 defense attorneys1 other officers of the court1 recorded subjects1 and the public in accordance with paragraph 7#e72 and 7,b7 conduct evaluations of the security of the storage and handling of the body-worn camera data not less frequently than once every #f months4 7#c7 ,recorded data collection and retention protocol ,the recorded data collection and retention protocol described in this paragraph is a protocol that-- 7,a7 requires-- 7i7 a law enforcement officer who is wearing a body-mounted camera1 at the beginning of an activity1 to provide an explanation if an activity that is required to be recorded by the body-mounted camera is not recorded by activating the body camera's visual and audio1 and state on camera that the officer will not record the following activity1 and the officer's justification1 before terminating the recording2 7ii7 periodic auditing of recorded data by supervisors to ensure compliance with policy2 7iii7 a law enforcement officer who is wearing a body-mounted camera to obtain verbal consent1 captured1 and recorded on the body camera1 from a crime victim or witness before interviewing the victim or witness2 7iv7 the system used to store recorded data collected by body-worn cameras shall automatically log all viewing1 modification1 or deletion of stored recorded data and shall prevent the unauthorized access or disclosure of stored recorded data2 7v7 any law enforcement officer be prohibited from accessing the stored data without explicit authorization from a commanding officer1 and only when the officer has an authorized purpose to view or listen to such footage2 7vi7 during an incident investigation1 a law enforcement officer shall-- 7,i7 be required to provide an initial written statement1 that may not be later edited in any form1 before reviewing any recorded data involving-- 7aa7 an officer-involved shooting2 7bb7 an in-custody death2 7cc7 a criminal matter2 7dd7 a critical incident2 or 7ee7 any other investigation conducted pursuant to an internal or civilian allegation of misconduct2 and 7,,ii7 have an opportunity to review recorded data depicting the incident with a representative or attorney1 only after being subject to an interview1 and providing the initial written statement described in subclause 7,i72 and 7vii7 the law enforcement agency to collect and report annual statistical data on-- 7,i7 all incidences of use of force1 including an officer's display or discharge of a firearm1 disaggregated by race1 ethnicity1 gender1 and age of the victim1 type of force used1 and any resulting charges2 7,,ii7 the number of all complaints filed against law enforcement officers1 disaggregated by the type of action complained of and the race1 ethnicity1 gender1 and age of the complainant2 7,,iii7 the disposition of all complaints filed against law enforcement officers1 including any discipline imposed2 7,,iv7 the number of times camera footage is used for evidence collection in investigations of crimes1 disaggregated by the type of crime2 and 7,v7 any other additional statistical data that the ,director determines should be collected and reported2 7,b7 allows an individual1 including anonymously or on behalf of a third party1 to file a complaint1 both online1 via telephone1 or in-person1 with a law enforcement agency relating to the improper use of body-worn cameras1 receive a complaint tracking number1 and have all evidence relating to the complaint reviewed and properly investigated before the grantee makes a disposition on the complaint2 and 7,c7 complies with any other requirements established by the ,director4 7#d7 ,reporting ,statistical data required to be collected under paragraph 7#c77;,a77vi7 shall be reported annually to the ,director1 who shall-- 7,a7 establish a standardized reporting system for statistical data collected under this program2 7,b7 establish a national database of statistical data recorded under this program2 and 7,c7 ensure that statistical data is made publicly available1 not later than #ae days of receipt of the report1 in accessible and alternative formats1 including on the website of the grantee and in print form at various locations4 7#e7 ,use or transfer of recorded data 7,a7 ,in general ,recorded data collected by an entity receiving a grant under this section for a body-mounted camera may be used in internal and external investigations of misconduct by a law enforcement agency or officer1 general supervision1 integrity audits1 and training purposes4 ,the ,director shall establish rules to ensure that the recorded data is used only for the purposes described in this subparagraph4 7,b7 ,prohibition on transfer ,except as provided in subparagraph 7,e71 an entity receiving a grant under this section may not transfer any recorded data collected by the entity from a body-mounted camera to another law enforcement or intelligence agency4 7,c7 ,public access ,an entity receiving a grant under this section shall implement a process that at a minimum allows the public to obtain recorded data collected by the entity4 7,d7 ,recorded subject access ,an entity receiving a grant under this section shall implement an expedited process that allows a recorded subject to obtain recorded data collected by the entity from an incident involving the recorded subject4 7,e7 ,exceptions 7i7 ,criminal investigation ,an entity receiving a grant under this section may transfer recorded data collected by the entity from a body-mounted camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated4 7ii7 ,civil rights claims ,an entity receiving a grant under this section may transfer recorded data collected by the law enforcement agency from a body-mounted camera to another law enforcement agency1 body1 institution1 or individual for use in an investigation of any right1 privilege1 or immunity secured or protected by the ,constitution or laws of the ,united ,states1 or to evaluate1 either in individual or cumulative form1 whether the grantee's practices or patters violate any right1 privilege1 or immunity secured or protected by the ,constitution or laws of the ,united ,states4 7e7 ,matching funds 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,federal share of the cost of a program carried out using a grant under this part may not exceed #ge percent of the total cost of the program4 7#b7 ,indian assistance ,any funds appropriated by ,congress for the activities of any agency of an ,indian tribal government or the ,bureau of ,indian ,affairs performing law enforcement functions on any ,indian lands may be used to provide the non-,federal share of the matching requirement described in paragraph 7#a74 7#c7 ,waiver ,the ,director may waive1 in whole or in part1 the matching requirement described in paragraph 7#a7 in the case of fiscal hardship1 as determined by the ,director4 7f7 ,allocation of funds ,for each of fiscal years #bjbj through #bjbb1 of the amounts appropriated to the ,bureau of ,justice ,assistance1 #cj1jjj1jjj shall be used to carry out this part4 7g7 ,audit and assessment 7#a7 ,in general ,not later than #a year after the date of enactment of this part1 the ,director of the ,office of ,audit1 ,assessment1 and ,management shall perform an assessment of the grant program and the policies and protocols of the grantees4 7#b7 ,reports ,not later than ,september #a of each year1 beginning #a year after the date of enactment of this part1 each recipient of a grant under this part shall submit to the ,director of the ,office of ,audit1 ,assessment1 and ,management a detailed report that-- 7,a7 describes the progress of the body-worn camera program1 including data demonstrating the frequency of which the grantee and its employees failed to activate a body camera when required2 and 7,b7 contains recommendations on ways in which the ,federal ,government1 ,states1 and units of local government can further support the implementation of the program4 7#c7 ,review ,the ,director of the ,office of ,audit1 ,assessment1 and ,management shall evaluate the policies and protocols of the grantees and take such steps as the ,director of the ,office of ,audit1 ,assessment1 and ,management determines necessary to ensure compliance with the program4 #cjeb4 ,body-worn camera training toolkit 7a7 ,in general ,the ,director shall establish and maintain a toolkit for law enforcement agencies1 academia1 and other relevant entities to provide training and technical assistance1 including best practices for implementation1 model policies and procedures1 and research materials4 7b7 ,mechanism ,in establishing the toolkit required to under subsection 7a71 the ,director may consolidate research1 practices1 templates1 and tools that have been developed by experts1 law enforcement agencies1 and civil rights organizations across the ,united ,states4 #cjec4 ,applications 7a7 ,in general ,to request a grant under this part1 the chief executive of a ,state1 unit of local government1 or ,indian tribe shall submit an application to the ,director in a form and containing information as the ,director may reasonably require4 7b7 ,regulations ,not later than #ij days after the date of the enactment of this part1 the ,director shall promulgate regulations to implement this part1 including the information that shall be included and the requirements that the ,states1 units of local government1 and ,indian tribes must meet in submitting the applications required under this section4 #cjed4 ,study 7a7 ,in general ,not later than #b years after the date on which all grants are awarded under this part1 the ,director1 in consultation with the ,national ,institute of ,justice and the ,bureau of ,justice ,statistics1 shall conduct a study on-- 7#a7 the efficacy of body-worn cameras in deterring excessive force1 and unlawful stops1 searches1 and arrests by law enforcement officers1 including a review of relevant data and documentation1 disaggregated by race1 ethnicity1 national origin1 gender1 age1 and disability of the victims2 7#b7 the impact of body-worn cameras on the accountability1 supervision1 and transparency of the use of force1 unlawful stops1 searches1 and arrests by law enforcement officers2 7#c7 the impact of body-worn cameras on responses to and adjudications of complaints of excessive force and unlawful stops1 searches1 and arrests2 7#d7 the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol2 7#e7 the effect of the use of body-worn cameras on public safety2 7#f7 the impact of body-worn cameras on evidence collection for criminal investigations2 7#g7 issues relating to the secure storage and handling of recorded data from the body-worn cameras2 7#h7 issues relating to the privacy of citizens and officers recorded on body-worn cameras2 7#i7 issues relating to the public's access to body-worn camera footage2 7#aj7 issues related to the use of body-warn cameras while officers are engaged in off-duty or secondary employment2 7#aa7 the need for proper training of law enforcement officers that use body-worn cameras2 7#ab7 best practices in the development of protocols for the safe and effective use of body-worn cameras2 7#ac7 a review of law enforcement agencies that found body-worn cameras to be unhelpful in the operations of the agencies2 7#ad7 a review of law enforcement agency use of body-worn cameras disaggregated by race and ethnicity1 national origin1 gender1 age1 and disability of the officers2 and 7#ae7 any other factors that the ,director determines are relevant in evaluating the efficacy of body-worn cameras4 7b7 ,report ,not later than #ahj days after the date on which the study required under subsection 7a7 is completed1 the ,director shall submit to ,congress a report on the study1 which shall include any policy recommendations that the ,director considers appropriate4 4