HOUSE OF REPRESENTATIVES

H.B. NO.

1380

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAW ENFORCEMENT RECORDS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1.  The legislature finds that an increasing number of states have reviewed the use of body-worn and vehicle cameras by law enforcement agencies to provide another means of protection for civilians and law enforcement officers.  A video camera worn by a law enforcement officer or mounted on a law enforcement vehicle's dashboard can act like a third-party, independent witness by recording events that occurred in the field.  The knowledge that a recording is in progress restrains an individual's behavior, because the individual is aware the recording may be used to hold the individual responsible for the recorded actions.  Recent incidents involving law enforcement officers and the alleged use of unnecessary force demonstrate that body-worn and vehicle camera recordings can be used to corroborate or refute statements that are made by law enforcement officers and civilians.

The legislature also finds that weighing the arguments of advocates and opponents on the disclosure of the recordings from body-worn and vehicle cameras is difficult and time-consuming.  There is a strong public interest to use the recordings of the body-worn and vehicle cameras, especially in situations where force is used or when recorded events conclude with a felony arrest.  On the other hand, the privacy interest of the individuals whose actions are recorded weigh against disclosure.  The final determination of this balance shall be done pursuant to part II of chapter 92F, Hawaii Revised Statutes.

Accordingly, the purpose of this Act is to promote transparency, accountability, and protection for law enforcement officers and civilians, while protecting individual privacy, by:

     (1)  Establishing standards for the public disclosure of recordings from body-worn and vehicle cameras; and

     (2)  Appropriating funds to the office of information practices for the equipment necessary to review recordings and for one full-time position to assist with requests relating to recordings from body-worn and vehicle cameras and to perform other related duties.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

LAW ENFORCEMENT BODY-WORN CAMERAS AND VEHICLE CAMERAS

     §   -A  Definitions.  As used in this chapter:

     "Body-worn camera" means a recording device that is: 

     (1)  Capable of recording video or audio, or transmitting video or audio to be recorded remotely; and 

     (2)  Worn on the person of a law enforcement officer, which shall include being attached to the law enforcement officer's clothing or worn as glasses.

     "Law enforcement" means an agency or its employees under chapters 28, 52D, 121, 199, or 353C.

     "Recording" means the images or audio, or both that have been captured by a body-worn or vehicle camera.

     "Subject of the recording" means any law enforcement officer, suspect, victim, detainee, conversant, injured party, or similarly situated person whose images or audio are captured on a body-worn or vehicle camera, but shall not include the incidental images or audio of individuals.

     "Vehicle camera" means a recording device that is:

     (1)  Capable of recording, or transmitting to be recorded remotely, video or audio, or both; and

     (2)  Mounted in or on a law enforcement vehicle.

     §   -B  Disclosure of recording.  (a)  Except as otherwise provided in this section, recordings captured on body-worn cameras and vehicle cameras may be withheld from disclosure under part II of chapter 92F.

     (b)  Recordings shall be disclosed upon request to the extent required under part II of chapter 92F when:

     (1)  The recording captures images or audio involving any use of force;

     (2)  The recording captures images or audio involving events leading up to and including an arrest for a felony-level offense, or events that constitute a felony-level offense;

     (3)  The recording captures images or audio involving an encounter about which a complaint has been registered by a subject of the recording, unless the subject of the recording objects in writing to the disclosure; or

     (4)  All subjects of the recording, except for law enforcement officers, have consented in writing to the disclosure; provided that:

         (A)  The parent or legal guardian of a minor who is a subject of the recording, or a deceased subject's next of kin or legally authorized designee, may provide consent on behalf of the subject of the recording; and

         (B)  The subject of the recording or the subject’s legal representative shall be permitted to review the relevant recording before consenting to its disclosure.

     §   -C  Personal privacy.  Consistent with sections 92F-13 and 92F-14, disclosure of the recording described in section    -B shall be deemed to constitute a clearly unwarranted invasion of personal privacy unless the public interest in disclosure outweighs the privacy interests of the subject of the recording.

     §   -D  Retention of recordings.  No recording that:

     (1)  Documents an incident involving the use of deadly force by law enforcement; or

     (2)  Is related to an administrative or criminal investigation of law enforcement,

shall be deleted or destroyed without court order."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019:

     (1)  For the purchase of equipment and software to review the recordings made by body-worn cameras and vehicle cameras; and

     (2)  To establish one full-time equivalent (1.00 FTE) permanent position to provide support for the office of information practices,

to carry out the purposes of this Act.

     The sums appropriated shall be expended by the office of information practices for the purposes of this Act.

     SECTION 4.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Law Enforcement; Body-worn and Vehicle Cameras; Uniform Information Practices Act; Appropriation

 

Description:

Provides that disclosure of recordings made by law enforcement with body-worn and vehicle cameras shall be made pursuant to the Uniform Information Practices Act.  Makes an appropriation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.