February 28, 2020 - Introduced by Joint Legislative Council. Referred to
Committee on Rules.

AB964,1,2 1An Act to create 165.87 of the statutes; relating to: body cameras on law
2enforcement officers.

This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:

Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on the Use of Police Body Cameras. Key
provisions of the bill are summarized below.

Law Enforcement Agency Policies, Training, and Compliance Related to Body
Cameras

Under the bill, if a law enforcement agency uses a body camera on a law
enforcement officer, the law enforcement agency must administer a written policy
regarding all of the following:

1. The use, maintenance, and storage of body cameras and body camera data.

2. Any limitations the law enforcement agency imposes on which law enforcement
officers may wear a body camera.

3. Any limitations the law enforcement agency imposes on situations, persons, or
encounters that may be recorded by a body camera.

Also, under the bill, if a law enforcement agency uses a body camera on a law
enforcement officer, the law enforcement agency must do all of the following:

1. Train all law enforcement officers wearing a body camera on the policy described
above and on the body camera data retention requirements discussed below.

2. Train all employees that use, maintain, store, or release body camera data on
all of the following: (1) the law enforcement agency's policy on body cameras described
above; (2) the body camera data retention requirements discussed below; and (3) the
requirements regarding when the body camera data may be released as discussed below.

3. Periodically review practices regarding the body cameras and body camera data
to ensure compliance with: (1) the law enforcement agency's policy on body cameras
described above; (2) the body camera data retention requirements discussed below; and
(3) the requirements regarding when the body camera data may be released.

4. If the law enforcement agency maintains an Internet site or has an Internet site
maintained on its behalf, make its written policy available to the public at the Internet
site.

Retention of Body Camera Data

In general, the bill requires all body camera data to be retained for a minimum of
120 days after the date of recording. The bill provides the following exceptions for longer
retention:

1. Data must be retained until disposition of the investigation, case, or complaint
if the data record any of the following:

a. An encounter that resulted in the death of any individual or actual or alleged
physical injury to an individual.