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 | |
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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: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 160 |
4 | STATEWIDE BODY-WORN CAMERA PROGRAM |
5 | 42-160-1. Short title. |
6 | This chapter shall be known and may be cited as the "Statewide Body-Worn Camera |
7 | Program." |
8 | 42-160-2. Definitions. |
9 | As used in this chapter: |
10 | (1) "Attorney general" means the attorney general of the state of Rhode Island, or designee; |
11 | (2) "Body-worn camera" means a video and audio recording device that is carried by, or |
12 | worn on the body of, a law enforcement officer and that is capable of recording the actions and |
13 | interactions of the officer and the public; |
14 | (3) "Director of the department of public safety" means the director of public safety |
15 | appointed by the governor pursuant to §42-7.3-5, or designee. |
16 | (4) "Public safety grant administration office" means the public safety grant administration |
17 | office as defined in chapter 26 of title 42. |
18 | (5) "State-supported implementation period" means a period of five (5) years beginning on |
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1 | July 1, 2021 and ending on June 30, 2026. |
2 | 42-160-3. Powers of attorney general and department of public safety -- |
3 | Establishment of grant program. |
4 | (a) The director of the department of public safety is hereby authorized, within available |
5 | funds, to award grants and other forms of funding to facilitate the adoption of body-worn cameras |
6 | by Rhode Island police departments. The director of the department of public safety may also |
7 | coordinate state applications for federal funds available for body-worn camera adoption. |
8 | (b) The director of the department of public safety may, in coordination with the |
9 | department of administration, facilitate body-worn camera procurement by Rhode Island police |
10 | departments through state master price agreement contracts in accordance with § 37-2-56. |
11 | (c) The attorney general and the director of the department of public safety, in consultation |
12 | with the Rhode Island police chiefs' association, is responsible for developing statewide policies, |
13 | procedures, and guidelines for the use and operation of body-worn cameras. |
14 | (d) The attorney general and the director of the department of public safety, in consultation |
15 | with the Rhode Island police chiefs' association, may survey and assess police department body- |
16 | worn camera needs, evaluate body-worn camera solutions and budgetary costs, and facilitate the |
17 | provision of technical assistance for Rhode Island police departments adopting body-worn cameras. |
18 | (e) All appropriations in support of provisions of this chapter shall be housed within the |
19 | department of public safety. |
20 | (f) No money appropriated in the state budget shall be awarded for Rhode Island police |
21 | department body-worn camera expenses incurred before or after the state-supported |
22 | implementation period. |
23 | (g) No money appropriated in the state budget shall be distributed for Rhode Island police |
24 | department body-worn camera expenses before rules and regulations are promulgated pursuant to |
25 | § 42-160-4. |
26 | 42-160-4. Rules and regulations -- Statewide policies, procedures, and guidelines for |
27 | the use and operation of body-worn cameras. |
28 | (a) The director of the department of public safety in consultation with the attorney general |
29 | shall promulgate rules and regulations, pursuant to chapter 35 of title 42 of the general laws, to |
30 | develop the criteria and manner in which funds are awarded to Rhode Island police departments |
31 | under this chapter; and |
32 | (b) The attorney general and the director of the department of public safety, in consultation |
33 | with the Rhode Island police chiefs' association, shall promulgate rules and regulations, pursuant |
34 | 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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1 | use and operation of body-worn cameras. This policy shall address at a minimum, but not be limited |
2 | to: |
3 | (1) Proper use of equipment; |
4 | (2) Data and equipment security; |
5 | (3) Activation and deactivation of cameras; |
6 | (4) Notification to the public of recording; |
7 | (5) Records retention procedures and timelines; |
8 | (6) Access to data by law enforcement and the public; |
9 | (7) Privacy protections, including redaction procedures; and |
10 | (8) Compliance monitoring. |
11 | (c) The public safety grant administration office shall condition the award of money under |
12 | this chapter on the certification of a police chief, or highest ranking sworn member of a law |
13 | enforcement agency, that the certifying chief’s department has adopted the policy referenced in |
14 | §42-160-4(b). |
15 | 42-160-5. Reporting requirements. |
16 | The director of the department of public safety shall publish a report on the funding of the |
17 | statewide body-worn camera program within sixty (60) days following the end of each fiscal year. |
18 | The report shall contain information on the commitment, disbursement, and use of funds pursuant |
19 | to this chapter. The director of the department of public safety shall provide a copy of the report to |
20 | the governor, attorney general, speaker of the house and senate president. |
21 | 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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1 | This act would create a statewide body-worn camera program for police departments in the |
2 | state. |
3 | This act would take effect upon passage. |
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