Camera procedures suggested for law enforcement

Law enforcement agencies using body-worn cameras would have to document usage procedures under a bill advanced by lawmakers March 29.

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 19 states already have enacted legislation governing the use of cameras.

“The nature of law enforcement across the country is being changed by the use of body-worn cameras,” he said. “[LB1000] represents what will work for Nebraska moving forward with this important and critical technology.”

A Judiciary Committee amendment, adopted 26-0, replaced the bill. As amended, the Nebraska Commission on Law Enforcement and Criminal Justice would be required to develop a model policy for body-worn camera usage. An individual agency using body-worn cameras could either develop its own policy or adopt the commission’s model policy.

Agencies choosing to develop individualized policies must include the minimum standards set forth by the commission, including:
• proper training for officers using cameras or accessing video and audio captured by the cameras;
• retention of recordings captured for at least 90 days from the date of such recording; and
• procedures governing the destruction of such recordings after the retention requirement has been met.

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 a final determination is made or an investigation is officially closed or suspended.

An agency using body-worn cameras would be required to develop and submit a written policy by Jan. 1, 2017, to the commission 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 amendment also incorporated provisions of two additional bills.

LB846, originally introduced by Lincoln Sen. Patty Pansing Brooks, would require each law enforcement agency in Nebraska to adopt a written policy on eyewitness suspect identification and provide a copy of such policy to the commission. Each policy must include standards for administration of a lineup, instructions given to an eyewitness and documentation of an eyewitness’ level of certainty of identification.

LB1055, originally introduced by Omaha Sen. Ernie Chambers, requires that the transcript, report of the proceedings and statement of no indictment associated with grand jury proceedings be made available for public review in cases involving death of a person while in law enforcement custody or detention.

Chambers said the provisions of his bill would bring needed transparency to proceedings that currently are conducted behind closed doors.

Senators advanced the bill to select file on a 28-0 vote.