Body-worn camera procedures suggested for law enforcement

Law enforcement agencies using body-worn cameras would have to document usage procedures under a bill heard by the Judiciary Committee Feb. 18.

LB1000, introduced by Omaha Sen. Heath Mello, would require all law enforcement agencies to document in writing the procedures to be followed by officers wearing cameras. Mello said the mere presence of worn cameras can change the nature of encounters between police officers and members of the public.

“Recent high-profile incidents involving police misconduct have created a general distrust of law enforcement,” he said. “Body-worn cameras have the potential to protect the public from further police officer misconduct, provide police officers with a defense against allegations of misconduct and help prosecutors secure convictions using visual evidence.”

Mello brought an amendment to the hearing, which would replace the original provisions of the bill. Under the amendment, individual agencies would have discretion in developing policies for officers, but all policies must require that:
• proper training be provided for officers using cameras or accessing video and audio captured by the cameras;
• supervisors be notified of any technical problems prohibiting recording by cameras;
• cameras be worn openly and in a prominent place on the officer’s body; and
• members of the public be notified as soon as is practicable that they are being recorded.

Discretion would be allowed for determining if and when an officer should begin and end recording an interaction with a member of the public.

Video and audio would be retained by the agency for at least 90 days. If video were determined to have evidentiary value in a criminal, civil or internal disciplinary proceeding, it would be retained until a final determination is reached. If an arrest or prosecution were not made, the video would be retained until the statute of limitations elapsed for the alleged offense.

Any police officer or employee of a law enforcement agency found to have released a recording without permission would be guilty of a Class V misdemeanor, which would result in a fine of up to $100. Unauthorized destruction of a recording also would be categorized as a Class V misdemeanor.

Owen Yardley, chief of police of the University of Nebraska-Lincoln Police Department, supported the bill. He said his department has been wearing cameras since 2005.

“Our original goal was to develop a process to document in an unbiased manner, to the best of our abilities, interactions between officers and members of the public,” Yardley said. “They have been effective but they may not be absolutely reliable in every situation. [LB1000] would help ensure agencies address critical issues surrounding the use of these cameras.”

Bruce Lang, Beatrice chief of police, represented the Police Chiefs Association of Nebraska in opposing the bill. He said a commission should promulgate policies for body camera usage, not the Legislature.

“What we know is that technology changes much faster than the Legislature changes laws,” he said. “We don’t even know what technology will be available just a year from now.”

Greg Gonzalez, Omaha Police Department deputy chief, testified in a neutral capacity. He said Omaha is actively using body-worn cameras but the department had concerns about storage requirements under the bill.

“The issue we have is not so much what would be codified in law, but we need to look at the cost of storing video,” Gonzalez said, noting the department recently spent almost $1 million on just 115 body-worn cameras. “After our initial five-year deal expires, it will cost millions of dollars to just pay for storage of the video.”

Jim Maguire, representing the Nebraska Fraternal Order of Police, also testified in a neutral capacity. He said provisions relating to the potential release of body-worn camera recordings should be the same for agencies throughout the state.

“I did not see something [in the bill] specifically identifying the issue of releasing body cam videos,” he said. “It should be uniform in state law. If you leave it up to individual departments, you’ll have piecemeal policies about what can and will be released.”

An agency wearing cameras would be required to develop and submit a written policy by Jan. 1, 2017, to the Nebraska Commission on Law Enforcement and Criminal Justice outlining the implementation and appropriate use of the cameras by its officers. Agencies that begin using cameras after Jan. 1, 2017, would have three months to submit plans to the commission.

The committee took no immediate action on the bill.