1. Learning Objective Rules and requirements for Senate Bill 158 on officer worn body cameras: Chapter 1701 Occupations Code Subchapter N

2. Learning Objective Advantages, limitations and concerns surrounding body worn camera systems : Hidden costs of storage and management

3. Learning Objective Policy considerations concerning SB158 and use of officers worn body camera systems in Texas:

4. Learning Objective Resources and training under Senate Bill 158 for Texas law enforcement agencies:

5. Learning Objective Development of Agency Policy: Current Policy Needed Additions to Policy

6. Groups Of Agencies 1.Have in-car and body worn systems 2.Have in-car only and no agency body worn 3.Have in-car and seeking grant body worn 4.Have in-car and allow personal body cams 5. Have neither in-car or body worn

7. CAMERAS EVERYWHERE!! Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

8. Body Cameras Not A Replacement For In-car Video System Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

9. Senate Bill 158 Good News And Maybe Not So Good

10. Effective Date Effective date of this Act: September 1, 2015

11. SB 158 Chapter 1701 Occupations Code Subchapter N

12. Definition Body Camera Capable of recording, or transmitting to be recorded remotely, video and audio... Worn attached to the officer’s clothing or worn as glasses

13. Grants for Body Cameras Police Department – City Council Sheriff – Commissioners Court With approval may apply to Office of the Governor for grant to defray cost of implementing and equip officers

14. Engage in traffic or otherwise detain or stop motor vehicles or Are primary responders directly to call for assistance from the public

15. Matching Funds Agency is required to match 25% of the grant money. Conditional award – must meet requirements of Sections 1701.655 and 1701.656 for funds

16. Reporting Condition receive grant agency annually report to the commission regarding cost of implementing the program, including equipment and storage costs. Report to Governor and legislature by December 1 of each year.

17. Contracts May enter into interagency or interlocal contract to receive body worn camera services and have operations performed through the Department of Information Resources.

18. Grant Policy Grant provides cameras to officer or Operates a body camera program Shall adopt a policy for body worn cameras

19. Grant Policy 1.Law enforcement purposes only 2.Activation and deactivation (privacy) 3.Provisions for data retention (90 days) 4.Date storage and data security 5.Guidelines public access (open records) 6.Officer access before statement 7.Supervisor & internal affairs review 8. Procedures for malfunction of equipment

20. Grant Policy 7.Supervisor & internal affairs review 8. Procedures for malfunction of equipment 9.Policy not require entire shift activation 10. Consistent with Federal and Texas Rules of Evidence

21. Public Interaction 1.Officer follow policy 2.“Non-confrontational” encounter 3.Report include why not activate 4.“Reasonable officer standard” a. unsafe b. unrealistic c. impracticable

22. Personal Equipment Agency with “GRANT FUNDED” will not allow privately owned cameras to be used If not a grant funded agency and policy allows privately owned cameras may be used Agency must “make provisions” for “security” and “compatibility”

23. Sec. 1701.659 Offense It is an officer if an officer or other employee of the agency releases a recording created without permission of the agency

24. Sec. 1701.659 Offense Class A misdemeanor

25. Evidence 1. Involves the use of deadly force OR 2. Administrative action 3. Criminal Investigation

26. Evidence May not be deleted, destroyed, or released to the public until all matters have been adjudicated and all related administrative investigations have concluded.

27. Evidence Agency may release to the public a deadly force recording “if the agency determines that the release furthers the law enforcement purpose

28. Evidence Not affect authority of agency to withhold information related to a closed criminal instigation that did not result in conviction or deferred adjudication

29. Open Records Reque st Section 552.021 Government Code Section 552.301 Government Code Turn it over to your City Attorney and Texas Attorney General

30. Open Records Request Agency may NOT release any portion made in private space OR misdemeanor punishable by fine only and not an arrest without prior written permission by the person that is subject of the recording

31. Open Records Request Recording is exempt if does not relate to law enforcement purpose or fall under Chapter 552 of the Government code.

32. Open Records Request Attorney General opinion must be made within 20 business day of the receipt of the written request

33. Open Records Request Provisions in SB 158 following the Government Code on “Voluminous Requests” of recordings

34. Training Develop or approve curriculum for training program by January 1, 2016 TCOLE DPS Blackwood LEMIT Caruth Jr. Police Institute TPA

35. Departmental Policy Agency may submit existing policy on effective date to TCOLE to determine if the policy complies with Section 1701.655 of the Occupations Code However

36. Departmental Policy An agency operating a body worn camera program on the effective date of this Act is NOT required to adopt or implement a policy that complies with Sections 1701.655 & 1701.656 or implement the training program required under 1701.656 before September 1, 2016

37. Departmental Policy If you currently have a departmental policy for in-car video recording then you have a policy on body cameras for your officers. With a few added sections all the laws related to in-car video recording apply to officer body worn systems with a few added policies.

38. Copyright: 2015 Law Enforcement Mobile Video Institute, Inc. 38 The right of a defendant to privacy while under valid arrest in a police car can be no greater than if they were confined in jail.

39. Body Camera With a body camera, officers may lay the system on the dashboard or front seat to capture statements made by the cars occupants Copyright: 2015 Law Enforcement Mobile Video Institute, Inc. 39

40. Beginning Recording Officers should begin recording and articulation as soon as they observe any erratic driving or suspicious activity Copyright: 2015 Law Enforcement Mobile Video Institute, Inc. 40

41. Copyright: 2015 Law Enforcement Mobile Video Institute, Inc. 41 Deactivation of Video Officers should deactivate an in- car or officer worn video system upon completion of transportation and contact with the suspect

42. Body Worn Systems Capturing SFST’s using a body worn system is going to be challenging and officer safety should not be sacrificed in an effort to obtain visual evidence of impairment Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

43. Storage of Media Network-based Storage Systems: – The recorded media is stored on a server class network-based system – Agencies can securely access evidence from any network-connected computer through a simple web browser – This type of network-based storage system is good for larger departments – Added benefits from a network-based system is the ability for the prosecutor to access recorded media when access to the network is authorized

44. Storage Media Some manufactures are using “cloud” storage for agencies that do not have sufficient IT support within their department Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

45. Force Science Institute Limitations of Body Cameras “10 Limitations of body cams you need to know for your protection”

46. The following article has been cited in February, 2015 IACP Police Chief Magazine and the Colorado Prosecutor evaluation of body-cameras Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

47. 1. Camera Does Not Follow Your Eyes “ A body camera is not an eye-tracker. A body camera photographs a large scene but cannot document what you are looking at that instant.” “It will not document high stress. There is a huge disconnect between your field of view and your visual perception.”

48. 2. Important Danger Cues Can’t Be Recorded “You can tell when you touch a suspect whether he or she is going to resist. Force may be applied as a preemptive measure, but on camera it may look like and unprovoked attack.” “The camera just captures the action, not your interpretation.”

49. 3. Camera Speed Differs From The Speed Of Life “Body cams record at much higher speeds than surveillance cameras. Reactionary curves can be half a second or more behind.. reactionary times must be understood, even when it appears the threat has ended.”

50. 4. A Camera May See Better Than You Do In Low Light “May be possible that cameras sees... events that are in sharper detail than you see when the camera is activated.” Cameras do not always deal well with lighting transitions... and may briefly blank out images altogether.”

51. 5. Your Body May Block The View “The camera of the scene may be blocked dependent on where it is positioned. Even the officer’s own body such as arms, hand or bladed stance may obscure the camera’s view.”

52. 6. Camera Only Records In 2-D “Camera does not record depth of field- the third dimension that’s perceived by the human eye... judging distance.”

53. 7. Absence Of Time Stamping “Time stamping is automatically imposed on camera footage...to explain an officer’s perceptions, reaction time, judgment and decision –making...” Time stamping may be found on officer body worn video systems. (some newer)

54. 8. One Camera May Not Be Enough “The more cameras there are... likely to be to clarify uncertainties... what looks like egregious action from one angle may seem perfectly justified from another.” Example: Football replay cameras

55. 9. Camera Encourage Second-guessing “United States Supreme Court, Graham v. Conner, ‘officer’s decisions... Are not to be judged with 20/20 vision hindsight.” Under calm conditions.. scrutinize it for hard-to-see detail, slow it down, freeze it.”

56. 10. Camera Not Replace Thorough Investigation “Officers... are concerned that camera recordings will be given undue, if not exclusive, weight in judging their actions.” “A camera’s recording should never be regarded sole as the TRUTH about a controversial incident.”

57. Forensic Science Institute: Note “This is in no way intended to belittle the merits of body cameras. Early testing has shown that they tend to reduce the frequency of force encounters as well as complaints against the officers.”

58. Field Of Vision Several manufactures are working on increasing field of vision from 130 to 180 degrees by using a wide angle lens, but this may alter depth perception. Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

59. Limited Field Of Vision Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

60. Picture Quality [Lighting] Copyright: 2015 Law Enforcement Mobile Video Institute, Inc.

61. Back-End Storage 1. Huge hidden cost of storage 2. Personnel to manage and retrieve video evidence 3. Storage time dependant on policy Categories 4. Open Records requests