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S. 3699IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 3699

Body camera usage

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Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended— (1) by striking Service each place such term appears and inserting Department of Homeland Security; (2) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; (3) in subsection (h)— (A) by striking of the Immigration and Nationality Act; and (B) by striking of such Act; and (4) by adding at the end the following: (i) Body camera usage (1) Definitions In this subsection: (A) Body worn camera The term body worn camera means a mobile audio and video recording system worn by a law enforcement officer. (B) Federal law enforcement officer The term Federal law enforcement officer — (i) means any officer, agent, or employee of the United States Government that is authorized by law or by a Government agency to engage in or supervise the prevention, detection, or investigation of any violation of Federal civil or criminal law; and (ii) includes individuals employed by private contractors who are so authorized to carry out the functions described in clause (i). (2) In general Each Federal law enforcement officer shall wear and operate a body worn camera while engaged in or supporting immigration enforcement or related enforcement activities. (3) Use of footage Except as provided in paragraph (4), video footage from a body worn camera operated pursuant to paragraph (2)— (A) shall be retained for 1 year after the date on which such footage was recorded by the agency that employed the Federal law enforcement officer that was wearing the body worn camera; and (B) may be permanently deleted after the period described in subparagraph (A) unless such footage captured— (i) images involving any use of force; (ii) events preceding and including an arrest or detention for a crime or attempted crime; or (iii) an encounter about which a complaint has been registered by a subject of the video footage. (4) Extended retention period Video footage from a body worn camera operated pursuant to paragraph (2) shall be retained for not less than 3 years after the date on which such footage was recorded if a longer retention period is voluntarily requested by— (A) the Federal law enforcement officer whose body worn camera recorded the video footage, if such officer reasonably asserts the video footage has evidentiary or exculpatory value; (B) a Federal law enforcement officer who is a subject of the video footage, if such officer reasonably asserts the video footage has evidentiary or exculpatory value; (C) any supervisor of an officer whose body worn camera recorded the video footage or who is a subject of the video footage, if such supervisor reasonably asserts the video footage has evidentiary or exculpatory value; (D) a Federal law enforcement officer, if the video footage is being retained solely and exclusively for training purposes; (E) a member of the public who is a subject of the video footage, or such individual's legal representative; (F) a parent or legal guardian of a minor who is a subject of the video footage; or (G) a deceased subject's next of kin or legally authorized designee. (5) Access to footage All video footage of any interaction or event captured by a body camera that is requested by a person or entity and identified with reasonable specificity shall be provided to such person or entity in accordance with the procedures for requesting and providing government records set forth in section 552 of title 5, United States Code. (6) Body worn camera accountability requirements All body worn cameras shall be equipped with— (A) automatic camera activation; (B) audit trail logging; (C) GPS-based location services; and (D) LTE wireless evidence upload..

Sec. 2: Body camera usage · Public Law Tracker