Bill > S1500

Introduced Session

This bill concerns body worn cameras for law enforcement officers. Under current law, subject to the limit of funds appropriated or otherwise made available, every uniformed State, county, and municipal patrol law enforcement officer, with certain exceptions, is required to wear a body worn camera that electronically records audio and video while acting in the performance of the officer's official duties. This bill requires every State, county, and municipal operational detective, while on patrol, to also wear a body worn camera, without being subject to the limit of any appropriation. This bill defines an "operational detective" as a non-uniformed law enforcement officer this is deployed outside of a law enforcement station, barracks, or other law enforcement facility to engage in the detection, apprehension, arrest, and conviction of offenders against the laws of this State. As set forth above, there are certain exceptions to the requirement to wear a body worn camera under current law. This bill removes the following exceptions to this requirement: 1) while engaging in union representation of a member of the collective bargaining group; and 2) when directed by the Chief or a superior officer for a lawful purpose. The bill also provides that certain exceptions only apply when the officer or detective is assigned to non-uniformed duties which are not included in the definition of an operational detective. In addition, the bill adds the following exceptions to the requirement to wear a body worn camera: 1) while assigned to conduct surveillance activities; 2) while installing electronic surveillance equipment; or 3) an officer or detective who is appointed as a liaison or member of a task force operation where the lead law enforcement agency is not subject to the provisions of this bill. The bill also provides that an operational detective that is required to wear a body worn camera may conceal the camera. Under current law, the video and audio recording functions of a body worn camera may be deactivated, consistent with directives or guidelines promulgated by the Attorney General, under certain circumstances. This bill provides that the video and audio recording functions of the body worn camera also may be deactivated, consistent with directives or guidelines promulgated by the Attorney General, when an operational detective is developing intelligence from a prospective confidential informant in order to protect the identity of the potential informant. Under current law, a body worn camera is not to be used to gather intelligence information based on First Amendment protected speech, associations, or religion, or to record activity that is unrelated to a response to a call for service or a law enforcement or investigative encounter between a law enforcement officer and a member of the public, provided this does not prohibit activation of video and audio recording functions of a body worn camera as authorized under law and in accordance with any applicable guidelines or directives promulgated by the Attorney General. This bill removes this provision. Finally, the bill clarifies that a law enforcement officer is not to be permitted to review or receive an accounting of a body worn camera recording from the officer's assigned body worn camera that is subject to a certain retention period prior to creating any required initial reports, statements, and interviews regarding the recorded event. Under current law, the officer is not to review or receive an accounting of a body worn camera recording.

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Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

Official Document