This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Under the bill, body camera data are, in general, open to inspection and copying
under the Open Records Law.
The bill contains an exception to the general rule that body camera data are open
to inspection and copying relating to the treatment of minors and victims of a sensitive
or violent crime, and a record subject who is in a location where the record subject has
a reasonable expectation of privacy who is captured by body camera data. Specifically, the
bill provides that the privacy of a record subject who is a minor, is a victim of a sensitive
or violent crime, or has a reasonable expectation of privacy must be maintained and that
access to such data must be provided only if the public interest in allowing access is so
great as to outweigh that public policy. In these cases, the protected record subject's face
and anything else that would allow the protected record subject to be identified may be
redacted using pixelization or another method of redaction. A decision to redact body
camera footage pursuant to these provisions is subject to be challenged in a mandamus

action in the same manner as are any other decisions to deny access to part or all of a
record under the Open Records Law.
The provisions of the bill regarding the privacy of a victim of a sensitive or violent
crime do not apply if the record subject, or his or her next of kin if the record subject is
deceased, does not object to granting access to the data. The presumption regarding the
privacy of a minor does not apply if the parent or legal guardian of the minor does not
object to granting access to the data. The presumption regarding the privacy of an
individual with a reasonable expectation of privacy does not apply if the individual does
not object to granting access to the data.
The bill defines “record subject” as an individual recorded by a body camera to
whom all of the following apply: (1) the individual is depicted in the recording, or the
individual's voice is audible in the recording; (2) the individual's identity is known to the
law enforcement agency; (3) the individual is not suspected of committing a crime or other
violation of law in connection with the law enforcement officer's presence in the location
that was recorded; and (4) the individual is not a law enforcement officer who was acting
in an official capacity, unless a crime or other violation of law has been committed or is
alleged to have been committed against the law enforcement officer while the law
enforcement officer was present at the location that was recorded.
The bill also provides that for purposes of an open records request for access to body
camera data used by a law enforcement agency, the law enforcement agency is the legal
custodian of the record. If any other authority has custody of such data, that authority
is not the legal custodian of that data and must deny any portion of an open records
request that relates to that body camera data.
Additionally, the bill provides that all of the provisions related to the release of body
camera data do not prohibit investigators investigating an officer-involved death from
releasing body camera data when required to do so under current law.
AB964,1 1Section 1. 165.87 of the statutes is created to read:
AB964,3,4 2165.87 Body cameras and law enforcement. (1) If a law enforcement
3agency uses a body camera on a law enforcement officer, the law enforcement agency
4shall do all of the following:
AB964,3,55 (a) Administer a written policy regarding all of the following:
AB964,3,76 1. The use, maintenance, and storage of body cameras and data recorded by the
7body cameras.
AB964,3,98 2. Any limitations the law enforcement agency imposes on which law
9enforcement officers may wear a body camera.
AB964,3,1110 3. Any limitations the law enforcement agency imposes on situations, persons,
11or encounters that may be recorded by a body camera.
AB964,3,1312 (b) Train all law enforcement officers wearing a body camera on the policy
13under par. (a) and on the requirements under sub. (2).
AB964,4,2
1(c) Train all employees that use, maintain, store, or release data from a body
2camera on the policy under par. (a) and on the requirements under subs. (2) and (3).
AB964,4,53 (d) Periodically review practices regarding the body cameras and data from
4body cameras to ensure compliance with the policy under par. (a) and the
5requirements under subs. (2) and (3).
AB964,4,86 (e) If the law enforcement agency maintains an Internet site or has an Internet
7site maintained on its behalf, make the policy under par. (a) available to the public
8at the Internet site.
AB964,4,11 9(2) (a) Except as provided in pars. (b), (c), and (d), all data from a body camera
10used on a law enforcement officer shall be retained for a minimum of 120 days after
11the date of recording.
AB964,4,1412 (b) Data from a body camera used on a law enforcement officer that record any
13of the following shall be retained until final disposition of any investigation, case, or
14complaint to which the data pertain, except as provided in pars. (c) and (d):
AB964,4,1615 1. An encounter that resulted in the death of any individual or actual or alleged
16physical injury to an individual.
AB964,4,1717 2. An encounter that resulted in a custodial arrest.
AB964,4,1918 3. A search during an authorized temporary questioning as provided in s.
19968.25.
AB964,4,2220 4. An encounter that included the use of force by a law enforcement officer,
21except if the only use of force was the use of a firearm to dispatch an injured wild
22animal.
AB964,5,323 (c) Retention beyond the period determined under par. (a) or (b) may be directed
24by a law enforcement officer or law enforcement agency, a board of police and fire
25commissioners, a prosecutor, a defendant, or a court that determines that the data

1have evidentiary value in a prosecution. A person making a preservation directive
2under this paragraph shall submit the directive to the law enforcement agency
3having custody of the record within 120 days after the date of recording.
AB964,5,84 (d) Data from a body camera used on a law enforcement officer that are used
5in a criminal, civil, or administrative proceeding may not be destroyed except upon
6final disposition, including appeals, a determination from the court or hearing
7examiner that the data are no longer needed, or an order from the court or hearing
8examiner.
AB964,5,109 (e) Notwithstanding pars. (a) to (d), data from a body camera used on a law
10enforcement officer may not be destroyed during the period specified in s. 19.35 (5).
AB964,5,11 11(3) (a) In this subsection:
AB964,5,1212 1. “Authority” has the meaning given in s. 19.32 (1).
AB964,5,1413 2. “Record subject” means an individual recorded by a body camera used on a
14law enforcement officer to whom all of the following apply:
AB964,5,1615 a. The individual is depicted in the recording, or the individual's voice is audible
16in the recording.
AB964,5,1717 b. The individual's identity is known to the law enforcement agency.
AB964,5,2018 c. The individual is not suspected of committing a crime or other violation of
19law in connection with the law enforcement officer's presence in the location that was
20recorded.
AB964,5,2421 d. The individual is not a law enforcement officer who was acting in an official
22capacity, unless a crime or other violation of law has been committed or is alleged to
23have been committed against the law enforcement officer while the law enforcement
24officer was present at the location that was recorded.
AB964,5,2525 3. “Requester” has the meaning given in s. 19.32 (3).
AB964,6,2
1(b) Data from a body camera used on a law enforcement officer are subject to
2the right of inspection and copying under s. 19.35 (1), except as provided in par. (c).
AB964,6,153 (c) 1. It shall be the public policy of this state to maintain the privacy of a record
4subject who is a victim of a sensitive or violent crime or who is a minor and that access
5to data from a body camera used on a law enforcement officer that record such a
6record subject shall be provided only if the public interest in allowing access is so
7great as to outweigh that public policy. In that case, the record subject's face and
8anything else that would allow the record subject to be identified may be redacted
9using pixelization or another method of redaction. The presumption under this
10subdivision regarding the privacy of a record subject who is a victim of a sensitive or
11violent crime does not apply if the record subject, or his or her next of kin if the record
12subject is deceased, does not object to granting access to the data. The presumption
13under this subdivision regarding the privacy of a record subject who is a minor does
14not apply if the parent or legal guardian of the record subject does not object to
15granting access to the data.
AB964,6,2416 2. It shall be the public policy of this state to maintain the privacy of a record
17subject who is in a location where the record subject has a reasonable expectation of
18privacy and that access to data from a body camera used on a law enforcement officer
19that record a record subject in such a location shall be provided only if the public
20interest in allowing access is so great as to outweigh that public policy. In that case,
21the record subject's face and anything else that would allow the record subject to be
22identified may be redacted using pixelization or another method of redaction. The
23presumption under this subdivision does not apply if the record subject does not
24object to granting access to the data.
AB964,7,3
13. If a requester believes that an authority has improperly made a decision to
2redact or deny access to data under subd. 1. or 2., the requester may pursue the
3remedies under s. 19.37 (1).
AB964,7,94 (d) For purposes of requests under s. 19.35 (1) for access to data from a body
5camera used by a law enforcement agency, the law enforcement agency is the legal
6custodian of the record, and if any other authority has custody of any such data, that
7authority is not the legal custodian of that data. If any other authority receives a
8request under s. 19.35 (1) for that data, that authority shall deny any portion of the
9request that relates to that data.
AB964,7,1110 (e) Nothing in this subsection prohibits the release of data from a body camera
11under s. 175.47 (5) (b).
AB964,7,1212 (End)
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