SB479: Bill Text

SB479,12 Section 12 . 165.87 (1) (d) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

SB479,5,8 165.87 (1) (d) Periodically review practices regarding the body cameras and dashboard-mounted cameras and data from body cameras and dashboard-mounted cameras to ensure compliance with the policy under par. (a) s. 165.85 (4) (em) 1. and the requirements under subs. (2) and (3).

SB479,13 Section 13. 165.87 (1) (dm) of the statutes is created to read:

SB479,5,13 165.87 (1) (dm) Periodically review footage from body cameras and dashboard-mounted cameras of encounters involving the use of force to determine whether law enforcement officers are acting in accordance with the law enforcement agency's use of force policy under s. 66.0511.

SB479,14 Section 14. 165.87 (1) (e) of the statutes is repealed.

SB479,15 Section 15. 165.87 (1m) of the statutes is created to read:

SB479,5,18 165.87 (1m) (a) A law enforcement officer who intentionally violates a written policy under sub. (1) (a) by failing to use a body camera is guilty of misconduct under s. 946.12 (1).

SB479,5,23 (b) If, during a periodic review of footage from a body camera or dashboard-mounted camera under sub. (1) (dm), a law enforcement agency determines that a law enforcement officer used excessive force in violation of the law enforcement agency's use of force policy, the law enforcement agency shall immediately terminate employment of that law enforcement officer.

SB479,16 Section 16 . 165.87 (1m) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB479,17 Section 17. 165.87 (2) (a) of the statutes is amended to read:

SB479,6,5 165.87 (2) (a) Except as provided in pars. (b), (c), and (d), all data from a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer shall be retained for a minimum of 120 days after the date of recording.

SB479,18 Section 18. 165.87 (2) (b) (intro.) of the statutes is amended to read:

SB479,6,11 165.87 (2) (b) (intro.) Data from a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer that record any of the following shall be retained until final disposition of any investigation, case, or complaint to which the data pertain, except as provided in pars. (c) and (d):

SB479,19 Section 19. 165.87 (2) (d) of the statutes is amended to read:

SB479,6,18 165.87 (2) (d) Data from a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer that are used in a criminal, civil, or administrative proceeding may not be destroyed except upon final disposition, including appeals, a determination from the court or hearing examiner that the data are no longer needed, or an order from the court or hearing examiner.

SB479,20 Section 20. 165.87 (2) (e) of the statutes is amended to read:

SB479,6,23 165.87 (2) (e) Notwithstanding pars. (a) to (d), data from a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer may not be destroyed during the period specified in s. 19.35 (5).

SB479,21 Section 21. 165.87 (3) (a) 2. (intro.) of the statutes is amended to read:

SB479,7,3 165.87 (3) (a) 2. (intro.) “Record subject” means an individual recorded by a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer to whom all of the following apply:

SB479,22 Section 22. 165.87 (3) (b) of the statutes is amended to read:

SB479,7,8 165.87 (3) (b) Data from a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer are subject to the right of inspection and copying under s. 19.35 (1), except as provided in par. (c).

SB479,23 Section 23. 165.87 (3) (c) 1. of the statutes is amended to read:

SB479,7,23 165.87 (3) (c) 1. It shall be the public policy of this state to maintain the privacy of a record subject who is a victim of a sensitive or violent crime or who is a minor and that access to data from a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer that record such a record subject shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject's face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision regarding the privacy of a record subject who is a victim of a sensitive or violent crime does 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 under this subdivision regarding the privacy of a record subject who is a minor does not apply if the parent or legal guardian of the record subject does not object to granting access to the data.

SB479,24 Section 24. 165.87 (3) (c) 2. of the statutes is amended to read:

SB479,8,10 165.87 (3) (c) 2. It shall be the public policy of this state to maintain the privacy of a record subject who is in a location where the record subject has a reasonable expectation of privacy and that access to data from a body camera used on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to a law enforcement officer that record a record subject in such a location shall be provided only if the public interest in allowing access is so great as to outweigh that public policy. In that case, the record subject's face and anything else that would allow the record subject to be identified may be redacted using pixelization or another method of redaction. The presumption under this subdivision does not apply if the record subject does not object to granting access to the data.

SB479,25 Section 25. 165.87 (3) (d) of the statutes is amended to read:

SB479,8,18 165.87 (3) (d) For purposes of requests under s. 19.35 (1) for access to data from a body camera or dashboard-mounted camera on a vehicle issued to a law enforcement officer used by a law enforcement agency, the law enforcement agency is the legal custodian of the record, and if any other authority has custody of any such data, that authority is not the legal custodian of that data. If any other authority receives a request under s. 19.35 (1) for that data, that authority shall deny any portion of the request that relates to that data.

SB479,26 Section 26. 165.87 (3) (e) of the statutes is amended to read:

SB479,8,22 165.87 (3) (e) Nothing in this subsection prohibits the release of data from a body camera or a dashboard-mounted camera on a vehicle issued to a law enforcement officer under s. 175.47 (5) (b).

SB479,27 Section 27. 165.87 (4) of the statutes is created to read:

SB479,9,3 165.87 (4) A law enforcement agency that uses a body camera on a law enforcement officer on the effective date of this subsection .... [LRB inserts date] may not discontinue use of a body camera on that law enforcement officer.

SB479,28 Section 28 . 165.87 (4) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed.

SB479,29 Section 29 . Initial applicability.

SB479,9,11 (1) The treatment of ss. 111.70 (4) (mc) 7. and 111.91 (2) (t) and the creation of s. 165.87 (1m) (b) first apply to an employee who is covered by a collective bargaining agreement under subch. IV or V of ch. 111 that contains provisions inconsistent with this act on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.

SB479,30 Section 30 . Effective dates. This act takes effect on the day after publication, except as follows:

SB479,9,16 (1) The treatment of ss. 165.85 (4) (em) and 165.87 (1) (a), (b) (by Section 8), (c) (by Section 10 ), (d) (by Section 12 ), and (e) and the repeal of s. 165.87 (1m) and (4) take effect on January 1, 2025.

SB479,9,17 (End)