Sec. 373. Patrol vehicles with in-car video recording cameras
760 words·~3 min read·
/bill/116/hr/7120/eh/section-373A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term audio recording means the recorded conversation between a Federal law enforcement officer and a second party. The term emergency lights means oscillating, rotating, or flashing lights on patrol vehicles. The term enforcement or investigative stop means an action by a Federal law enforcement officer in relation to enforcement and investigation duties, including traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance.
The term in-car video camera means a video camera located in a patrol vehicle. The term in-car video camera recording equipment means a video camera recording system located in a patrol vehicle consisting of a camera assembly, recording mechanism, and an in-car video recording medium. The term recording means the process of capturing data or information stored on a recording medium as required under this section. The term recording medium means any recording medium for the retention and playback of recorded audio and video including VHS, DVD, hard drive, solid state, digital, or flash memory technology.
The term wireless microphone means a device worn by a Federal law enforcement officer or any other equipment used to record conversations between the officer and a second party and transmitted to the recording equipment. 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 10 hours or more and capable of making audio recordings with the assistance of a wireless microphone.
In-car video camera recording equipment with a recording medium capable of recording for a period of 10 hours or more shall record activities— whenever a patrol vehicle is assigned to patrol duty; outside a patrol vehicle whenever— a Federal law enforcement officer assigned that patrol vehicle is conducting an enforcement or investigative stop; patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose.
A Federal law enforcement officer shall begin recording for an enforcement or investigative stop 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 or investigative stop or the officer has left the scene. A Federal law enforcement officer shall begin recording 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 enforcement, and shall continue until the reason for the activation ceases to exist, regardless of whether the emergency lights are no longer activated.
A Federal law enforcement officer may begin recording if the officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; and shall continue until the reason for recording ceases to exist. A Federal law enforcement officer shall record any enforcement or investigative stop. Audio recording shall terminate upon release of the violator and prior to initiating a separate criminal investigation. Recordings made on in-car video camera recording medium shall be retained for a storage period of at least 90 days.
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 period. Upon completion of the storage period, the recording medium may be erased and reissued for operational use unless otherwise ordered or if designated for evidentiary or training purposes. Audio or video recordings made pursuant to this section shall be available under the applicable provisions of section 552a of title 5, United States Code.
Only recorded portions of the audio recording or video recording medium applicable to the request will be available for inspection or copying. The agency shall ensure proper care and maintenance of in-car video camera recording equipment and recording medium. An officer operating a patrol vehicle must immediately document and notify the appropriate person of any technical difficulties, failures, or problems with the in-car video camera recording equipment or recording medium.
Upon receiving notice, 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 vehicle.