This bill makes changes to the access and use of police body-worn camera (BWC) footage. It allows criminal defendants in a case to have access to all BWC footage related to their case, with the exception of footage involving a victim or violating someone's right to privacy. The state can seek a protective order from the court to prevent dissemination of BWC footage.

The bill also states that any BWC recording made in violation of the law shall be immediately destroyed and not admissible as evidence, except in a proceeding against an officer for violating the law or if the recording is exculpatory for a criminal defendant. In a proceeding against an officer, the recording will be destroyed at the conclusion of the proceeding and all appeals. Exculpatory evidence for a criminal defendant cannot be destroyed without a court order and is admissible in the criminal trial.

The bill also repeals the requirement that officers only use BWCs while in uniform and that they not use the BWC to record communications with other police personnel. The effective date of the bill is January 1, 2025.

Statutes affected:
Introduced: 105-D:2