2022 -- H 7937

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LC004584

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- BODY-WORN CAMERA

REGULATION ACT

     

     Introduced By: Representatives Batista, Alzate, Potter, and Giraldo

     Date Introduced: March 07, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 162

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BODY-WORN CAMERA REGULATION ACT

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     42-162-1. Short title.

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     This chapter shall be known and may be cited as the "Body-Worn Camera Regulation Act".

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     42-162-2. Definitions.

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     As used in this chapter, the following words, terms and phrases have the meanings

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indicated:

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     (1) "Contacts" means an interaction with an individual, whether or not the person is in a

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motor vehicle, initiated by a peace officer, whether consensual or nonconsensual, for the purpose

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of enforcing the law or investigating possible violations of the law. "Contacts" do not include

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routine interactions with the public at the point of entry or exit from a controlled area.

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     (2) "Demographic information" means race, ethnicity, sex, and approximate age.

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     (3) "Peace officer" has the same meaning as defined in ยง 12-7-21.

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     (4) "Physical force" means the application of physical techniques or tactics, chemical

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agents, or weapons to another person.

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     (5) "Serious bodily injury" means physical injury that creates a substantial risk of death or

 

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causes serious permanent disfigurement or protracted loss or impairment of the function of any

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bodily member or organ.

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     (6) "Tamper" means to intentionally damage, disable, dislodge, or obstruct the sight or

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sound or otherwise impair functionality of the body-worn camera or to intentionally damage, delete,

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or fail to upload some or all portions of the video and audio.

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     42-162-3. Camera use.

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     (a) Except as provided in subsections (b) through (d) of this section, a peace officer shall

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wear and activate a body-worn camera or dash camera, if the peace officer's vehicle is equipped

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with a dash camera, when responding to a call for service or during any interaction with the public

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initiated by the peace officer, whether consensual or nonconsensual, for the purpose of enforcing

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the law or investigating possible violations of the law.

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     (b) A peace officer may turn off a body-worn camera to avoid recording personal

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information that is not case related; when working on an unrelated assignment; when there is a long

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break in the incident or contact that is not related to the initial incident; and in administrative,

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tactical, and management discussions.

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     (c) A peace officer does not need to wear or activate a body-worn camera if the peace

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officer is working undercover.

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     (d) The provisions of this section shall not apply to jail peace officers or staff of a local law

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enforcement agency if the jail has video cameras; however, the provisions of subsection (a) of this

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section, shall apply to jail peace officers when performing a task that requires an anticipated use of

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force, including cell extractions and restraint chairs. The provisions of this section shall also not

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apply to the civilian or administrative staff of the Rhode Island state police or a local law

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enforcement agency, the executive detail of the Rhode Island state police, and peace officers

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working in a courtroom.

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     (e) If a peace officer fails to activate a body-worn camera or dash camera as required by

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this section or tampers with body-worn or dash-camera footage or operation when required to

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activate the camera, there exists a permissive inference in any investigation or legal proceeding,

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excluding criminal proceedings against the peace officer, that the missing footage would have

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reflected misconduct by the peace officer. If a peace officer fails to activate or reactivate his or her

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body-worn camera as required by this section or tampers with body-worn or dash-camera footage

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or operation when required to activate the camera, any statements sought to be introduced in a

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prosecution through the peace officer related to the incident that were not recorded due to the peace

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officer's failure to activate or reactivate the body-worn camera as required by this section or if the

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statement was not recorded by other means, creates a rebuttable presumption of inadmissibility.

 

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Notwithstanding any other provision of law, this subsection does not apply if the body-worn camera

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was not activated due to a malfunction of the body-worn camera and the peace officer was not

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aware of the malfunction, or was unable to rectify it, prior to the incident; provided, that the law

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enforcement agency's documentation shows the peace officer checked the functionality of the body-

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worn camera at the beginning of his or her shift.

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     42-162-4. Discipline for violation.

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     In addition to any criminal liability and penalty under the law, if a court, administrative

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law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer

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intentionally failed to activate a body-worn camera or dash-camera or tampered with any body-

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worn or dash-camera, except as permitted in this section, the peace officer's employer shall impose

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discipline up to and including termination, to the extent permitted by the provisions of chapter 28.6

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of title 42.

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     42-162-5. Retention of recordings.

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     A local law enforcement agency and the Rhode Island state police shall establish and

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follow a retention schedule for body-worn camera recordings.

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     42-162-6. Release of recordings.

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     (a) For all incidents in which there is a complaint of peace officer misconduct by another

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peace officer, a civilian, or nonprofit organization, through notice to the law enforcement agency

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involved in the alleged misconduct, the local law enforcement agency or the Rhode Island state

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police shall release all unedited video and audio recordings of the incident, including those from

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body-worn cameras, dash-cameras, or otherwise collected through investigation, to the public

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within twenty-one (21) days after the local law enforcement agency or the Rhode Island state police

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received the complaint of misconduct, except as provided in subsections (b) through (g) of this

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section.

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     (b) All video and audio recordings depicting a death shall be provided upon request to the

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victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or

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other lawful representative, and such person shall be notified of his or her right, to receive and

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review the recording at least seventy-two (72) hours prior to any public disclosure. This subsection

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shall not apply to a person seventeen (17) years of age and under, unless legally emancipated.

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     (c) Notwithstanding any other provision of this section, any video that raises substantial

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privacy concerns for criminal defendants, victims, witnesses, juveniles, or informants, including

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video depicting nudity; a sexual assault; a medical emergency; private medical information; a

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mental health crisis; a victim interview; a minor, including any images or information that might

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undermine the requirement to keep certain juvenile records confidential; any personal information

 

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other than the name of any person not arrested, cited, charged, or issued a written warning,

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including a government-issued identification number, date of birth, address, or financial

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information; significantly explicit and gruesome bodily injury, unless the injury was caused by a

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peace officer; or the interior of a home or treatment facility, shall be redacted or blurred to protect

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the substantial privacy interest while still allowing public release. Unredacted footage shall not be

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released without the written authorization of the victim or, if the victim is deceased or incapacitated,

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the written authorization of the victim's next of kin. Unredacted footage shall not be released to a

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person seventeen (17) years of age and under, unless legally emancipated.

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     (d) If redaction or blurring is insufficient to protect the substantial privacy interest, the local

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law enforcement agency or the Rhode Island state police shall, upon request, release the video to

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the victim or, if the victim is deceased or incapacitated, to the victim's spouse, parent, legal

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guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative

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within twenty (20) days after receipt of the complaint of misconduct. In cases in which the

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recording is not released to the public pursuant to this section, the local law enforcement agency

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shall notify the person whose privacy interest is implicated, if contact information is known, within

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twenty (20) days after receipt of the complaint of misconduct, and inform the person of his or her

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right to waive the privacy interest.

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     (e) A witness, victim, or criminal defendant may waive in writing the individual privacy

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interest that may be implicated by public release. Upon receipt of a written waiver of the applicable

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privacy interest, accompanied by a request for release, the law enforcement agency may not redact

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or withhold release to protect that privacy interest.

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     (f) Any video that would substantially interfere with or jeopardize an active or ongoing

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investigation may be withheld from the public; except that the video shall be released no later than

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forty-five (45) days from the date of the allegation of misconduct. In all cases when release of a

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video is delayed in reliance on this subsection, the attorney general shall prepare a written

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explanation of the interference or jeopardy that justifies the delayed release, contemporaneous with

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the refusal to release the video. Upon release of the video, the attorney general shall release the

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written explanation to the public.

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     (g) If criminal charges have been filed against any party to the incident, that party shall file

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any constitutional objection to the release of the recording in the pending criminal case before the

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twenty-one (21) day period expires. In cases in which there is a pending criminal investigation or

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prosecution of a party to the incident, the twenty-one (21) day period shall begin from the earliest

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of:

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     (1) The date of appointment of counsel;

 

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     (2) The filing of an entry of appearance by counsel; or

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     (3) The election to proceed pro se by the defendant in the criminal prosecution made on

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the record before a judge. If the defendant elects to proceed pro se in the criminal case, the court

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shall advise the defendant of the twenty-one (21) day deadline provided in subsection (a) of this

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section, for the defendant to file any constitutional objection to tge release of the recording in the

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pending criminal case as part of the court's advisement. The court shall hold a hearing on any

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objection no later than seven (7) days after it is filed and issue a ruling no later than three (3) days

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after the hearing.

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     42-162-7. Annual reports.

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     (a) Beginning July 1, 2024, and on or before every July 1 thereafter, the attorney general

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shall create an annual report including all of the information that is reported to the attorney general

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pursuant to subsection (b) of this section, aggregated and broken down by the law enforcement

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agency that employs peace officers, along with the underlying data.

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     (b) Beginning January 1, 2024, and on or before every January 1 thereafter, the Rhode

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Island state police and each local law enforcement agency that employs peace officers shall provide

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an annual report to the attorney general containing the following information:

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     (1) All use of force by its peace officers that results in death or serious bodily injury,

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including:

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     (i) The date, time, and location of the use of force;

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     (ii) The perceived demographic information of the person contacted; provided, that the

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identification of these characteristics is based on the observation and perception of the peace officer

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making the contact and other available data;

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     (iii) The names of all peace officers who were at the scene, identified by whether the peace

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officer was involved in the use of force or not; except that the identity of other peace officers at the

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scene not directly involved in the use of force shall be identified by the officer's identification

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number unless the peace officer is charged criminally or is a defendant to a civil suit arising from

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the use of force;

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     (iv) The type of force used, the severity and nature of the injury, whether the peace officer

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suffered physical injury, and the severity of the peace officer's injury;

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     (v) Whether the peace officer was on duty at the time of the use of force;

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     (vi) Whether a peace officer unholstered a weapon during the incident;

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     (vii) Whether a peace officer discharged a firearm during the incident;

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     (viii) Whether the use of force resulted in a law enforcement agency investigation and the

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result of the investigation; and

 

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     (ix) Whether the use of force resulted in a citizen complaint and the resolution of that

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complaint;

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     (2) All instances when a peace officer resigned while under investigation for violating

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department policy;

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     (3) All data relating to contacts conducted by its peace officers, including:

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     (i) The perceived demographic information of the person contacted; provided, that the

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identification of these characteristics is based on the observation and perception of the peace officer

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making the contact and other available data;

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     (ii) Whether the contact was a traffic stop;

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     (iii) The time, date, and location of the contact;

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     (iv) The duration of the contact;

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     (v) The reason for the contact;

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     (vi) The suspected crime;

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     (vii) The result of the contact, such as:

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     (A) No action, warning, citation, property seizure, or arrest;

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     (B) If a warning or citation was issued, the warning provided or violation cited;

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     (C) If an arrest was made, the offense charged; and

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     (D) If the contact was a traffic stop, the information collected, which is limited to the driver;

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     (viii) The actions taken by the peace officer during the contact, including, but not limited

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to, whether:

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     (A) The peace officer asked for consent to search the person, and, if so, whether consent

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was provided;

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     (B) The peace officer searched the person or any property, and, if so, the basis for the

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search and the type of contraband or evidence discovered, if any;

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     (C) The peace officer seized any property and, if so, the type of property that was seized

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and the basis for seizing the property;

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     (D) A peace officer unholstered a weapon during the contact; and

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     (E) A peace officer discharged a firearm during the contact;

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     (4) All instances of unannounced entry into a residence, with or without a warrant,

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including:

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     (i) The date, time, and location of the use of unannounced entry;

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     (ii) The perceived demographic information of the subject of the unannounced entry;

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provided, that the identification of these characteristics is based on the observation and perception

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of the peace officer making the entry and other available data;

 

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     (iii) Whether a peace officer unholstered a weapon during the unannounced entry; and

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     (iv) Whether a peace officer discharged a firearm during the unannounced entry.

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     (c) The Rhode Island state police and local law enforcement agencies shall not report the

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name, address, social security number, or other unique personal identifying information of the

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subject of the use of force, victim of the official misconduct, or persons contacted, searched, or

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subjected to a property seizure. Notwithstanding any provision of law to the contrary, the data

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reported pursuant to this section shall be available to the public.

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     (d) The attorney general shall maintain a statewide database with data collected pursuant

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to this section, in a searchable format, and publish the database on its website.

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     (e) The Rhode Island state police and any local law enforcement agency that fails to meet

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its reporting requirements pursuant to this section is subject to the suspension of its funding by its

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appropriating authority.

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     SECTION 2. This act shall take effect upon passage.

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LC004584

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- BODY-WORN CAMERA

REGULATION ACT

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     This act would require that all peace officers use body cameras with certain specified

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limited exceptions. Wrongful failure to use the camera would subject the peace officer to discipline.

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The act would also specify circumstances when camera recordings shall be released.

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     This act would take effect upon passage.

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