Sec. 382. Law enforcement body-worn camera requirements
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Section 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10153(a) ), as amended by section 334, is amended by adding at the end the following: An assurance that, for each fiscal year covered by an application, the applicant will use not less than 5 percent of the total amount of the grant award for the fiscal year to develop policies and protocols in compliance with part OO. . Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq.) is amended by adding at the end the following: Grant amounts described in paragraph
(10)of section 502(a) of this title— shall be used— to purchase or lease body-worn cameras for use by State, local, and tribal law enforcement officers (as defined in section 2503); for expenses related to the implementation of a body-worn camera program in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against law enforcement officers, and improve evidence collection; and to implement policies or procedures to comply with the requirements described in subsection (b); and may not be used for expenses related to facial recognition technology. A recipient of a grant under subpart 1 of part E of this title shall— establish policies and procedures in accordance with the requirements described in subsection
(c)before law enforcement officers use of body-worn cameras; adopt recorded data collection and retention protocols as described in subsection
(d)before law enforcement officers use of body-worn cameras; make the policies and protocols described in paragraphs
(1)and
(2)available to the public; and comply with the requirements for use of recorded data under subsection (f). A recipient of a grant under subpart 1 of part E of this title shall— develop with community input and publish for public view policies and protocols for— the safe and effective use of body-worn cameras; the secure storage, handling, and destruction of recorded data collected by body-worn cameras; protecting the privacy rights of any individual who may be recorded by a body-worn camera; the release of any recorded data collected by a body-worn camera in accordance with the open records laws, if any, of the State; and making recorded data available to prosecutors, defense attorneys, and other officers of the court in accordance with subparagraph (E); and conduct periodic evaluations of the security of the storage and handling of the body-worn camera data. The recorded data collection and retention protocol described in this paragraph is a protocol that— requires— a law enforcement officer who is wearing a body-worn camera to provide an explanation if an activity that is required to be recorded by the body-worn camera is not recorded; a law enforcement officer who is wearing a body-worn camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness; the collection of recorded data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable; the system used to store recorded data collected by body-worn cameras to log all viewing, modification, or deletion of stored recorded data and to prevent, to the greatest extent practicable, the unauthorized access or disclosure of stored recorded data; any law enforcement officer be prohibited from accessing the stored data without an authorized purpose; and the law enforcement agency to collect and report statistical data on— incidences of use of force, disaggregated by race, ethnicity, gender, and age of the victim; the number of complaints filed against law enforcement officers; the disposition of complaints filed against law enforcement officers; the number of times camera footage is used for evidence collection in investigations of crimes; and any other additional statistical data that the Director determines should be collected and reported; allows an individual to file a complaint with a law enforcement agency relating to the improper use of body-worn cameras; and complies with any other requirements established by the Director. Statistical data required to be collected under subsection (d)(1)(D) shall be reported to the Director, who shall— establish a standardized reporting system for statistical data collected under this program; and establish a national database of statistical data recorded under this program. Recorded data collected by an entity receiving a grant under a grant under subpart 1 of part E of this title from a body-worn camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. The Director shall establish rules to ensure that the recorded data is used only for the purposes described in this paragraph. Except as provided in paragraph (3), an entity receiving a grant under subpart 1 of part E of this title may not transfer any recorded data collected by the entity from a body-worn camera to another law enforcement or intelligence agency. An entity receiving a grant under subpart 1 of part E of this title may transfer recorded data collected by the entity from a body-worn 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 investigated. An entity receiving a grant under subpart 1 of part E of this title may transfer recorded data collected by the law enforcement agency from a body-worn camera to another law enforcement agency for use in an investigation of the violation of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States. Not later than 2 years after the date of enactment of this part, the Director of the Office of Audit, Assessment, and Management shall perform an assessment of the use of funds under this section and the policies and protocols of the grantees. Not later than September 1 of each year, beginning 2 years after the date of enactment of this part, each recipient of a grant under subpart 1 of part E of this title shall submit to the Director of the Office of Audit, Assessment, and Management a report that— describes the progress of the body-worn camera program; and contains recommendations on ways in which the Federal Government, States, and units of local government can further support the implementation of the program. The Director of the Office of Audit, Assessment, and Management shall evaluate the policies and protocols of the grantees and take such steps as the Director of the Office of Audit, Assessment, and Management determines necessary to ensure compliance with the program. The Director shall establish and maintain a body-worn camera training toolkit for law enforcement agencies, academia, and other relevant entities to provide training and technical assistance, including best practices for implementation, model policies and procedures, and research materials. In establishing the toolkit required to under subsection (a), the Director may consolidate research, practices, templates, and tools that been developed by expert and law enforcement agencies across the country. Not later than 2 years after the date of enactment of the Police CAMERA Act of 2020, the Director shall conduct a study on— the efficacy of body-worn cameras in deterring excessive force by law enforcement officers; the impact of body-worn cameras on the accountability and transparency of the use of force by law enforcement officers; the impact of body-worn cameras on responses to and adjudications of complaints of excessive force; the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol; the effect of the use of body-worn cameras on public safety; the impact of body-worn cameras on evidence collection for criminal investigations; issues relating to the secure storage and handling of recorded data from the body-worn cameras; issues relating to the privacy of individuals and officers recorded on body-worn cameras; issues relating to the constitutional rights of individuals on whom facial recognition technology is used; issues relating to limitations on the use of facial recognition technology; issues relating to the public’s access to body-worn camera footage; the need for proper training of law enforcement officers that use body-worn cameras; best practices in the development of protocols for the safe and effective use of body-worn cameras; a review of law enforcement agencies that found body-worn cameras to be unhelpful in the operations of the agencies; and any other factors that the Director determines are relevant in evaluating the efficacy of body-worn cameras. Not later than 180 days after the date on which the study required under subsection
(a)is completed, the Director shall submit to Congress a report on the study, which shall include any policy recommendations that the Director considers appropriate. .
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