Bill Text: MI HB4234 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Law enforcement; other; release of recording taken by law enforcement officers with a body-worn camera; prohibit. Creates new act.
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: (Introduced - Dead) 2015-02-25 - Printed Bill Filed 02/25/2015 [HB4234 Detail]
Download: Michigan-2015-HB4234-Introduced.html
HOUSE BILL No. 4234
February 24, 2015, Introduced by Reps. Runestad, Lauwers, Hooker, Lucido, Glenn, Franz, Hughes, Rendon, Irwin, Chirkun and Chang and referred to the Committee on Judiciary.
A bill to exempt certain audio and video recordings taken by
law enforcement officers with a body-worn camera or similar device
from disclosure; to describe certain places; to describe certain
individuals who may request disclosure of those audio or video
recordings; and to prescribe the powers and duties of certain local
and state law enforcement agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "law
enforcement body-worn camera privacy act".
Sec. 2. As used in this act, "private place" means a place
where an individual may reasonably expect to be safe from casual or
hostile intrusion or surveillance but does not include a place to
which the public or a substantial group of the public has access.
Sec. 3. Subject to section 4, a recording taken by a law
enforcement officer with a body-worn camera or similar device that
is taken in a private place is exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 4. The following individuals may, under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, request a copy
of an audio or video recording taken by a law enforcement officer
with a body-worn camera or similar device that was taken in a
private place if the audio or video recording is relevant to the
criminal prosecution of the individual or a civil action brought by
the individual:
(a) An individual who is the subject of the audio or video
recording.
(b) An individual whose property has been seized or damaged in
relation to, or is otherwise involved with, a crime to which the
audio or video recording is related.
(c) A parent of an individual described in subdivision (a) or
(b).
(d) A legal guardian of an individual described in subdivision
(a) or (b).
(e) An attorney for an individual described in subdivision (a)
or (b).
Sec. 5. An audio or video recording from a body-worn camera
that is retained by a law enforcement agency in connection with an
ongoing criminal investigation or an ongoing internal investigation
is not a public record and is exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 6. (1) Except as provided in subsection (2), a law
enforcement agency shall retain audio and video recorded by a body-
worn camera for no longer than 30 days.
(2) A law enforcement agency shall retain audio and video
recorded by a body-worn camera for 3 years if either of the
following applies:
(a) The recording is relevant to a complaint against a law
enforcement officer or agency.
(b) A request regarding the recording has been made under
section 4.
(3) If a complaint against a law enforcement officer or law
enforcement agency is made after the expiration of the 30-day
period in subsection (1) and a law enforcement agency is unable to
produce a recording in any subsequent criminal prosecution or civil
action, there shall be no presumption that the recording would
corroborate the defendant's version of events in a criminal
prosecution or the plaintiff's version in a civil action.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
