This bill requires an enforcement agency that uses body cameras to adopt a written policy for the use of the cameras by its officers in compliance with state law. Law enforcement officers must receive a copy of the written policy and training in the use of cameras before using them. The training must include, at a minimum, instruction on state law relative to body cameras and the agency's written policy. Only law enforcement officers with the authority to conduct searches and make arrests are permitted to wear such a camera. Law enforcement officers who serve an undercover role are not subject to this bill. WRITTEN POLICY This bill provides that a written policy adopted by a law enforcement agency pursuant to this bill must include, at a minimum, guidelines on the use of body cameras by law enforcement officers that meet the following criteria: Ensure that body cameras are worn by officers in a location and manner that maximizes the camera's ability to capture video footage of the officer's activities. Provide standards for when an officer must enable and disable recording functions of the body camera, including (i) a requirement that an officer activate a body camera whenever responding to a call for service, (ii) a requirement that body cameras be activated at the initiation of a law enforcement or investigative encounter between an officer and a member of the public, except when there is an immediate threat to the officer's or another's life or safety that makes activating the body camera impossible or dangerous, (iii) a requirement that in situations as described above in which activating a body camera is impossible or dangerous, an officer must activate the camera at the first reasonable opportunity to do so, (iv) a requirement that an officer must not deactivate a body camera until the encounter between the officer and a member of the public has fully concluded and the officer leaves the scene, and (iv) a requirement that an officer currently at the scene or arriving thereafter who is equipped with a body camera must activate the camera and record the situation upon arrival, and that the body camera must remain on until the officer leaves the scene. Require officers wearing body cameras to notify the subjects of the recording that the subjects are being recorded by a body camera as close to the inception of the encounter as is reasonably possible. This bill requires the law enforcement agency to adopt a written policy setting forth disciplinary action and procedures in compliance with applicable law. This bill additionally provides that a law enforcement agency providing a body camera to an officer as authorized by this bill must adopt a written policy for access to body camera recordings by the agency in compliance with this bill. Exceptions This bill requires the written policy to make exceptions to the use of body cameras in the following circumstances: (i) prior to entering a private residence without a warrant or in non-exigent circumstances, a law enforcement officer must ask the occupant if the occupant wants the officer to discontinue use of the officer's body camera, (ii) when interacting with an apparent crime victim, an officer must, as soon as practicable, ask the victim if the victim wants the officer to discontinue use of the officer's body camera, and (iii) when interacting with a person seeking to anonymously report a crime or assist in an ongoing law enforcement investigation, an officer must, as soon as practicable, ask the person if the person wants the officer to discontinue use of the officer's body camera. If any such persons or victims responds affirmatively, then the officer must immediately discontinue use of the body camera. However, this bill requires requests to discontinue use of a body camera and the responses thereto to be recorded by the body camera before discontinuing its use. PROHIBITED USES This bill prohibits all of the following: Body cameras from being used in a manner inconsistent with the purposes described in this bill. Body cameras from being used to gather intelligence information based on First Amendment protected speech, association, or religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative encounter between an officer and a member of the public. Officers from activating a body camera while on the grounds of any public, private, or parochial elementary or secondary school, except when responding to an imminent threat to life or safety. Body camera recordings from being divulged, or used by any law enforcement agency, for any commercial or other non-law enforcement purpose. CAMERA DATA RETENTION This bill requires a law enforcement agency providing a body camera to an officer as authorized by this bill to establish a written policy for the retention of data by the agency in compliance with this bill. Body camera recordings must be retained by the law enforcement agency that employs the officer, or an authorized agent, whose body camera captured the recording for six months from the date it was recorded, after which time the recording must be deleted. If a law enforcement agency authorizes a third party to act as its authorized agent in maintaining body camera recordings, then the authorized agent is not permitted to independently access, view, or alter a body camera recording, except to permanently delete the recording as required by law or agency retention policies. This bill requires body camera recordings to be automatically retained for at least three years if the body camera recordings involve (i) any use of force, (ii) events leading up to and including an arrest for a felony offense, or events that constitute a felony offense, or (iii) an encounter about which a complaint has been registered by a subject of the body camera recording within the six months following the recording. An officer must not review, or receive an accounting of, any body camera recording that is subject to such a minimum three-year retention period, prior to completing any required initial reports, statements, and interviews regarding the recorded event. This bill requires body camera recordings to be retained for at least three years if voluntarily requested, within six months following the recording, by certain persons or parties described in this bill, including (i) a member of the public who is a subject of the recording, (ii) a parent or legal guardian of a minor who is a subject of the recording, (iii) a deceased subject's next of kin or legally authorized designee, or (iv) the officer, if the recording is being retained solely and exclusively for police training purposes. Such persons specified in this bill may review the specific body camera recording in order to make a determination as to whether the person will voluntarily request the recording be subject to a three-year retention period. Public record This bill provides that body camera recordings are part of the public record for the purpose of public inspection under present law, except for the following: A body camera recording not subject to a minimum three-year retention period pursuant to this bill. A body camera recording that is subject to a minimum three-year retention period solely and exclusively pursuant to this bill, if the subject of the body camera recording requests the body camera recordings not be made available to the public. A body camera recording that is subject to a minimum three-year retention period solely and exclusively pursuant to this bill. A body camera recording that is subject to a minimum three-year retention period solely and exclusively pursuant to this bill, if the person makes a voluntary request that the body camera recording not be made available to the public. A body camera recording depicting certain circumstances involving minors. This bill provides that a body camera recording retained beyond six months solely and exclusively for police training purposes is not admissible as evidence in any criminal, civil, or administrative proceeding. A body camera recording created in contravention of this or any other applicable law must be immediately destroyed and is not admissible as evidence in any criminal, civil, or administrative proceeding. However, this bill does not contravene any laws governing the maintenance and destruction of evidence in criminal investigations and prosecutions. This bill provides that body camera recordings that are not subject to a minimum three-year retention period pursuant to this bill are not subject to automated analysis or analytics. VIOLATIONS This bill provides that if an officer, employee, or authorized agent violates this bill regarding the use of body cameras, fails to adhere to the access to recordings and retention requirements contained in this bill or to any written policy enacted in compliance with this bill, or intentionally interferes with a body camera's ability to accurately capture body camera recordings, then the following applies: The law enforcement agency must (i) take appropriate disciplinary action against the officer, employee, or agent, (ii) adopt appropriate standards for sanctions for the officer or employee, and (iii) specify in a contract with an agent the disciplinary action that must take place if the agent violates this bill. A rebuttable evidentiary presumption must be adopted in favor of criminal defendants who reasonably assert that exculpatory evidence was destroyed or not captured. A rebuttable evidentiary presumption must be adopted on behalf of civil plaintiffs suing the government, a law enforcement agency, or law enforcement officers for damages based on police misconduct who reasonably assert that evidence supporting the plaintiffs' claim was destroyed or not captured. This bill provides that such presumptions may be overcome by contrary evidence or proof of exigent circumstances that made compliance with this bill impossible.