Bill Text: HI SB2411 | 2016 | Regular Session | Introduced
Bill Title: Body-Worn Cameras; Vehicle Cameras; County Police Departments; Appropriation ($)
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2016-04-29 - The conference committee deferred the measure. [SB2411 Detail]
Download: Hawaii-2016-SB2411-Introduced.html
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THE SENATE |
S.B. NO. |
2411 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to law enforcement cameras.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that an increasing number of states are addressing the issue of law enforcement agencies' use of body-worn video cameras and vehicle cameras as a means to protect civilians and law enforcement officers. A body-worn video camera worn by a law enforcement officer acts as a third-party, independent witness in disputes by clarifying testimony obtained in the field. Vehicle cameras are video cameras that are typically mounted on a vehicle's dashboard.
The legislature further finds that people who are aware that they are being videotaped are more inclined to alter their behavior, as they know that they will likely be held accountable for their actions. In light of the recent incidents involving law enforcement officers and the alleged use of unnecessary force, body-worn video cameras and vehicle cameras can provide law enforcement officers and civilians the security of knowing that a law enforcement officer's or civilian's statements about an incident may be corroborated by the video or audio recording obtained through the body-worn video camera or vehicle camera.
Law enforcement agencies in this country spend approximately $2,000,000,000 annually investigating complaints against law enforcement officers. The use of body-worn video cameras and vehicle cameras may reduce complaints against law enforcement officers and allow complaints to be resolved more quickly, thus freeing up valuable resources and reducing financial losses.
The legislature also finds that the use of body-worn video cameras and vehicle cameras can assist law enforcement agencies with training, assessment, and disciplinary decisions.
Accordingly, the purpose of this Act is to promote transparency, accountability, and protection for law enforcement officers and civilians by:
(1) Establishing requirements for the use; and
(2) Appropriating funds to each county for the purchase,
of body-worn cameras and vehicle cameras.
SECTION 2. Chapter 52D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . LAW ENFORCEMENT CAMERAS
§52D- Definitions. As used in this part:
"Body-worn camera" means a recording device that is:
(1) Capable of recording, or transmitting to be recorded remotely, video and audio; and
(2) Worn on the person of a police officer, and shall include being attached to the police officer's clothing or worn as glasses.
"Vehicle camera" means a recording device that is:
(1) Capable of recording, or transmitting to be recorded remotely, video and audio; and
(2) Mounted in or on a law enforcement vehicle.
§52D- Body-worn cameras; police department policies. (a) Each county police department shall adopt policies for the use of body-worn cameras and vehicle cameras that prohibit the activation of either type of camera for non-law enforcement purposes and shall establish requirements that provide for the following:
(1) When a police officer shall and shall not activate a camera or discontinue a recording currently in progress;
(2) Data retention, including requiring the retention of data for a minimum of ninety days;
(3) Storage of video and audio recordings, creation of backup copies of the video and audio recordings, and maintenance of data security;
(4) Public access, including requests made pursuant to chapter 92F;
(5) Allowing a police officer access to any recording of an incident involving the police officer before the police officer is required to make a statement about the incident;
(6) Procedures for supervisory or internal review; and
(7) The handling and documenting of equipment and malfunctions of equipment.
(b) No county police department policy shall require a police officer to keep a body-worn camera activated for the entire period of the police officer's shift.
§52D- Training. (a) No police officer shall use a body-worn camera or vehicle camera without first being trained by the applicable county police department on the proper use of the body-worn camera or vehicle camera.
(b) No law enforcement personnel shall come into contact with data obtained from the use of a body-worn camera or vehicle camera without first being trained by the applicable county police department on the proper handling of the data.
(c) The department of the attorney general shall develop or approve a curriculum for training programs under this section.
§52D- Prohibited acts. (a) No police officer on duty shall operate a body-worn camera or vehicle camera that is not issued and maintained by the applicable county police department.
(b) No person shall tamper with, delete, or make an unauthorized copy of data obtained through the use of a body-worn camera or vehicle camera under this part.
(c) No person shall release a recording created with a body-worn camera under this part unless the person first obtains the permission of the applicable county police department.
(d) No recording created by a body-worn camera documenting an incident that involves the use of deadly force by a police officer or that is otherwise related to an administrative or criminal investigation of a police officer shall be deleted or destroyed without court order."
SECTION 3. Chapter 52D, Hawaii Revised Statutes, is amended by designating sections 52D-1 to 52D-16 as "Part I. General Provisions".
SECTION 4. Each county police department that receives a grant-in-aid pursuant to section 5 of this Act, shall submit to the legislature reports no later than twenty days prior to the convening of the 2017, 2018, 2019, 2020, and 2021 regular sessions, which shall include the costs of implementing and maintaining the body-worn camera and vehicle camera program and the equipment, data storage, and other costs of the program.
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,350,000 or so much thereof as may be necessary for fiscal year 2016-2017 for a grant-in-aid to each county for the purchase of body-worn video cameras and law enforcement vehicle cameras to be used by each county police department, to be allocated as follows:
$700,000 to the city and county of Honolulu;
$250,000 to the county of Maui;
$250,000 to the county of Hawaii; and
$150,000 to the county of Kauai,
provided that no funds appropriated to a county under this Act shall be expended unless matched dollar-for-dollar by the county.
The sum appropriated shall be expended by each county for the purposes of this Act.
SECTION 6. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Body-Worn Cameras; Vehicle Cameras; Law Enforcement; Grant-in-Aid; Appropriation
Description:
Establishes requirements for body-worn cameras and vehicle cameras for county police departments. Appropriates funds as a grant-in-aid to each county for the purchase of body-worn video cameras and law enforcement vehicle cameras; provided that no funds appropriated to a county shall be expended unless matched dollar-for-dollar by the county.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.52D
