2021 -- S 0954

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LC003037

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

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

CAMERA PROGRAM

     

     Introduced By: Senators Acosta, Ruggerio, McCaffrey, Goodwin, and Coyne

     Date Introduced: June 16, 2021

     Referred To: Senate Judiciary

     (Attorney General)

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 160

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STATEWIDE BODY-WORN CAMERA PROGRAM

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     42-160-1. Short title.

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     This chapter shall be known and may be cited as the "Statewide Body-Worn Camera

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Program."

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     42-160-2. Definitions.

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     As used in this chapter:

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     (1) "Attorney general" means the attorney general of the state of Rhode Island, or designee;

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     (2) "Body-worn camera" means a video and audio recording device that is carried by, or

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worn on the body of, a law enforcement officer and that is capable of recording the actions and

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interactions of the officer and the public;

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     (3) "Director of the department of public safety" means the director of public safety

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appointed by the governor pursuant to §42-7.3-5, or designee.

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     (4) "Public safety grant administration office" means the public safety grant administration

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office as defined in chapter 26 of title 42.

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     (5) "State-supported implementation period" means a period of five (5) years beginning on

 

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July 1, 2021 and ending on June 30, 2026.

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     42-160-3. Powers of attorney general and department of public safety --

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Establishment of grant program.

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     (a) The director of the department of public safety is hereby authorized, within available

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funds, to award grants and other forms of funding to facilitate the adoption of body-worn cameras

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by Rhode Island police departments. The director of the department of public safety may also

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coordinate state applications for federal funds available for body-worn camera adoption.

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     (b) The director of the department of public safety may, in coordination with the

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department of administration, facilitate body-worn camera procurement by Rhode Island police

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departments through state master price agreement contracts in accordance with § 37-2-56.

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     (c) The attorney general and the director of the department of public safety, in consultation

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with the Rhode Island police chiefs' association, is responsible for developing statewide policies,

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procedures, and guidelines for the use and operation of body-worn cameras.

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     (d) The attorney general and the director of the department of public safety, in consultation

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with the Rhode Island police chiefs' association, may survey and assess police department body-

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worn camera needs, evaluate body-worn camera solutions and budgetary costs, and facilitate the

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provision of technical assistance for Rhode Island police departments adopting body-worn cameras.

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     (e) All appropriations in support of provisions of this chapter shall be housed within the

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department of public safety.

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     (f) No money appropriated in the state budget shall be awarded for Rhode Island police

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department body-worn camera expenses incurred before or after the state-supported

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implementation period.

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     (g) No money appropriated in the state budget shall be distributed for Rhode Island police

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department body-worn camera expenses before rules and regulations are promulgated pursuant to

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§ 42-160-4.

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     42-160-4. Rules and regulations -- Statewide policies, procedures, and guidelines for

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the use and operation of body-worn cameras.

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     (a) The director of the department of public safety in consultation with the attorney general

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shall promulgate rules and regulations, pursuant to chapter 35 of title 42 of the general laws, to

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develop the criteria and manner in which funds are awarded to Rhode Island police departments

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under this chapter; and

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     (b) The attorney general and the director of the department of public safety, in consultation

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with the Rhode Island police chiefs' association, shall promulgate rules and regulations, pursuant

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to chapter 35 of title 42 of the general laws, after holding a public hearing, to create a policy for the

 

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use and operation of body-worn cameras. This policy shall address at a minimum, but not be limited

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to:

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     (1) Proper use of equipment;

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     (2) Data and equipment security;

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     (3) Activation and deactivation of cameras;

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     (4) Notification to the public of recording;

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     (5) Records retention procedures and timelines;

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     (6) Access to data by law enforcement and the public;

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     (7) Privacy protections, including redaction procedures; and

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     (8) Compliance monitoring.

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     (c) The public safety grant administration office shall condition the award of money under

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this chapter on the certification of a police chief, or highest ranking sworn member of a law

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enforcement agency, that the certifying chief’s department has adopted the policy referenced in

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§42-160-4(b).

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     42-160-5. Reporting requirements.

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     The director of the department of public safety shall publish a report on the funding of the

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statewide body-worn camera program within sixty (60) days following the end of each fiscal year.

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The report shall contain information on the commitment, disbursement, and use of funds pursuant

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to this chapter. The director of the department of public safety shall provide a copy of the report to

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the governor, attorney general, speaker of the house and senate president.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

CAMERA PROGRAM

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     This act would create a statewide body-worn camera program for police departments in the

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state.

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     This act would take effect upon passage.

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