Bill Text: MI SB0325 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Law enforcement; other; use of body cameras by law enforcement officers; require. Creates new act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2015-05-12 - Referred To Committee On Judiciary [SB0325 Detail]
Download: Michigan-2015-SB0325-Introduced.html
SENATE BILL No. 325
May 12, 2015, Introduced by Senators YOUNG, SCHUITMAKER and JOHNSON and referred to the Committee on Judiciary.
A bill to create a pilot program for the use of body-worn
cameras by certain law enforcement officers; to provide funding for
law enforcement agencies to use body-worn cameras; and to require
retention and provide for the production by law enforcement
agencies of recordings made by the body-worn cameras.
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 act".
Sec. 2. As used in this act:
(a) "Law enforcement agency" means an entity of this state or
of a local unit of government of this state that employs law
enforcement officers.
(b) "Law enforcement officer" means that term as defined in
section 2 of the law enforcement commission on standards act, 1965
PA 203, MCL 28.602.
Sec. 3. (1) The department of treasury, in cooperation with
the department of state police, shall implement a pilot program to
fund the use of body-worn cameras by certain law enforcement
officers. The program will be initially implemented with a law
enforcement agency operating in a county having a population of
1,500,000 or more.
(2) The department of treasury shall administer the grants
under this act to fund the law enforcement body-worn camera pilot
program. Law enforcement agencies in a county having a population
of 1,500,000 or more may apply for a grant to fund the use of body-
worn cameras under this act by filing a written application with
the department of treasury. The funding of all grants under this
act is subject to appropriation.
Sec. 4. (1) The department of state police shall accept,
store, and maintain all data submitted to the department of state
police by a law enforcement agency that is utilizing body-worn
cameras under this act. The department of state police shall
develop a written policy for the storage and maintenance of audio
and video recorded by a body-worn camera under this act. A copy of
that policy shall be provided to a law enforcement agency
participating in the body-worn camera pilot program.
(2) The department of state police shall retain audio and
video recorded by a body-worn camera and submitted to the
department of state police under this act for 5 years.
(3) The department of state police shall develop a written
policy describing how an individual may request a copy of audio and
video recorded by a body-worn camera under this act. The policy
shall be published on the department of state police's website.
Sec. 5. (1) A law enforcement officer employed by a law
enforcement agency that applies for and receives a grant under this
act shall wear a body-worn camera while he or she is in uniform, on
duty, and conducting patrol work.
(2) Subject to subsection (3), a law enforcement officer
wearing a body-worn camera under this act shall activate the
recording function of the camera and make his or her best effort to
record interactions with other individuals whenever the officer is
on duty and effects a traffic stop upon an individual.
(3) A law enforcement officer wearing a body-worn camera under
this act may temporarily stop recording with a body-worn camera
when he or she is interviewing the alleged victim of a crime and
that individual states that he or she does not want to be recorded
by the body-worn camera, or when the officer is engaged in a
personal matter, such as a personal conversation or using the
bathroom.
(4) A law enforcement officer wearing a body-worn camera under
this act shall complete training on the proper use of a body-worn
camera.
(5) A law enforcement agency participating in the body-worn
camera pilot program shall develop a written policy for submitting
audio and video recorded by a body-worn camera to the department of
state police. A law enforcement agency participating in the body-
worn camera pilot program shall submit audio and video recorded by
a body-worn camera related to a fatal incident or excessive force
complaint within 24 hours of the incident or complaint to the
department of state police.
Sec. 6. The department of treasury, in cooperation with the
department of state police, shall review law enforcement body-worn
camera programs funded by grants under this act on an annual basis
for effectiveness and for compliance with the requirements of this
act. The department of treasury, in cooperation with the department
of state police, shall report its findings under this section in
writing to the secretary of the senate and to the clerk of the
house of representatives annually. The report shall also identify
each law enforcement agency that has applied for a grant under this
act, the amount requested, and the amount received.
