H.B. NO.














Relating to body-worn video cameras.





SECTION 1.  The legislature finds that an increasing number of states are using body-worn video cameras as a means to protect civilians and law enforcement officers.  A body-worn video camera worn by a law enforcement officer acts as a third-party, like an independent witness in disputes by clarifying testimony obtained in the field.

The legislature further finds that people who are aware that they are being videotaped are more inclined to alter their behavior, since they know that they will likely be held accountable for their actions.  The use of a body-worn video camera can provide law enforcement officers and civilians with the security of knowing that their statements can be corroborated by the video or audio recordings obtained through the body-worn video camera.

The use of body-worn video cameras may reduce complaints against law enforcement officers and allow complaints to be resolved more quickly, thus freeing up valuable resources and reducing financial losses.

The legislature also finds that the use of body-worn video cameras can assist law enforcement agencies with training, assessment, and disciplinary decisions.

The purpose of this Act is to promote transparency, accountability, and protection for both civilians and law enforcement officers by establishing requirements for the use of body-worn video cameras.

     SECTION 2.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:


     §52D-A  Definitions.  As used in this part:

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

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

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

     "Subject of the video footage" means any law enforcement officer or any suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on a body-worn video camera recording, and shall not include individuals who only incidentally appear on a recording.

     §52D-B  Use of body-worn video cameras for law enforcement officers.  While on duty, law enforcement officers shall wear and use body-worn video cameras only in accordance with departmental directives.  Body-worn video cameras shall be worn in a location and manner that maximizes the camera's ability to capture video footage of the officer's activities.

     §52D-C  Body-worn video cameras; police department policies.  A law enforcement agency that uses a body-worn video camera program shall establish policies and procedures for the use of the body-worn video cameras that shall specify:

     (1)  When a law enforcement officer may activate the body-worn video camera;

     (2)  When a recording that is currently in progress should be discontinued;

     (3)  The length of time that data should be retained;

     (4)  The procedures for supervisory or internal review of the body-worn video cameras to include that body-worn video camera footage shall not be viewed by any supervisor of a law enforcement officer for the sole purpose of searching for violations of department policy or law not related to a specific complaint or investigation; and

     (5)  The handling and documenting of equipment and malfunctions of equipment.

§52D-D  Protecting the privacy of persons.  (a)  Pursuant to the United States Constitution and the Hawaii state constitution, officers are not required to activate and record investigative or enforcement encounters with the public when:

     (1)  In a private space defined as any location in which a person has a reasonable expectation of privacy, including a person's home;

     (2)  In situations where the recording would risk the safety of confidential information, citizen informant, or undercover officer;

     (3)  In situations where it may be inappropriate because of the victim's or witnesses' emotional state, age, or other sensitive circumstance such as rape, incest, or other form of sexual assault;

     (4)  In patient care areas of a hospital, rape treatment center, or other health care facility unless an enforcement action is taking place in these areas; or

     (5)  In situations where tactical planning, peer-to-peer discussions, or non-law enforcement discussions are occurring.

     (b)  Body-worn video camera videos under subsection (a) shall be exempt from the public inspection requirements of chapter 92F.

§52D-E  Training.  (a)  No law enforcement officer shall use a body-worn video camera without being trained by the applicable law enforcement agency on the proper use of the body-worn video camera.

(b)  No law enforcement personnel shall come into contact with data obtained from the use of a body-worn video camera without first being trained by the applicable law enforcement agency on the proper handling of the data.

     §52D-F  Handling of recordings as evidence.  (a)  Except as provided by subsection (b), a recording created with a body-worn video camera and documenting an incident that involves the use of deadly force by a law enforcement officer or that is otherwise related to an administrative or criminal investigation of an officer may not be deleted, destroyed, or released to the public until all criminal matters have been finally adjudicated and all related administrative investigations have concluded.

     (b)  A law enforcement agency may release to the public a recording described by subsection (a) if the law enforcement agency determines that the release furthers a law enforcement purpose.

     (c)  This section does not affect the authority of a law enforcement agency to withhold information related to a closed criminal investigation that did not result in a conviction or a grant of deferred adjudication community supervision.

     §52D-G  Release of information recorded by a body-worn video camera.  (a)  A member of the public shall provide the following information when submitting a written request to a law enforcement agency for information recorded by a body-worn video camera:

     (1)  The date and approximate time of the recording;

     (2)  The specific location where the recording occurred; and

     (3)  The name of one or more persons known to be a subject of the video footage.

     (b)  A failure to provide all of the information required by subsection (a) as part of a request for recorded information does not preclude the requestor from making a future request for the same recorded information.

     (c)  A law enforcement agency may release information requested in accordance with subsection (a) after the agency redacts any information made confidential.

     (d)  The department shall set a proposed fee to be charged to members of the public who seek to obtain a copy of a recording under this section.  The fee shall be sufficient to cover the cost of reviewing and making the recording.  A law enforcement agency may provide a copy without charge or at a reduced charge if the agency determines that a waiver or reduction of the charge is in the public interest.

     (d)  A recording is confidential and exempt from the requirements, if the recording:

     (1)  Was not required to be made under this chapter, another law, or under a policy adopted by the appropriate law enforcement agency; and

     (2)  It does not relate to a law enforcement purpose.

     §52D-H  Production of body-worn video camera recording in response to voluminous public information requests.  (a)  An officer who is employed by a governmental body and who receives a voluminous request is considered to have promptly produced the information if the officer releases the recording before the twenty-first business day after the date of receipt of the written request.

     (b)  For purposes of this section, "voluminous request" includes:

     (1)  A request for body-worn video camera recordings from more than five separate incidents;

     (2)  More than five separate requests for body-worn video camera recordings from the same person in a twenty-four hour period, regardless of the number of incidents included in each request; or

     (3)  A request or multiple requests from the same person in a twenty-four hour period for body-worn video camera recordings that, taken together, constitute more than five total hours of video."

     SECTION 3.  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 4.  This Act shall take effect upon its approval.








Report Title:

Law Enforcement; Body-Worn Video Cameras



Regulates the use of body-worn video cameras by law enforcement officers and body-worn video camera footage.




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