Bill > HB2436

This bill mandates that any law enforcement agency in Tennessee that uses body cameras must establish a written policy for their use by officers, and officers must receive a copy of this policy and training before using the cameras. The policy must outline when officers should activate and deactivate their cameras, requiring activation when responding to calls for service or initiating an encounter with the public, unless doing so is impossible or dangerous, in which case it must be done at the first reasonable opportunity. Officers must also notify individuals they are recording as soon as reasonably possible and keep the camera on until they leave the scene. The policy must include exceptions, such as asking occupants to discontinue recording before entering a private residence without a warrant, and asking victims of domestic abuse or rape, or individuals reporting crimes anonymously, if they wish for recording to stop. Body camera recordings are generally kept for six months, but are automatically retained for at least thirteen months if they involve use of force, felony offenses, or if a complaint is filed. Recordings can also be retained longer if requested for evidentiary or training purposes, or by the subject of the recording or their next of kin. These recordings are considered public records, with specific exceptions, and cannot be used for commercial or non-law enforcement purposes. Violations of these provisions can lead to disciplinary action, and may create a presumption in favor of defendants or civil plaintiffs if evidence is destroyed or not captured.