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Title II — Body-worn cameras

S. 3985 · 116th Congress · Jun 17, 2020 · Lineage

II Body-worn cameras

201. Body-Worn Camera Partnership Grant Program

Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding at the end the following:

“509. Body-Worn Camera Partnership Grant Program

“(a) Definitions—In this section—

“(1) the term covered government means a State, unit of local government, or Indian Tribe;

“(2) the term Director means the Director of the Bureau of Justice Assistance; and

“(3) the term unit of local government, notwithstanding section 901, does not include an Indian Tribe.

“(b) Authorization of grants—The Director may make grants to eligible covered governments for use by the covered government for—

“(1) the purchase of body-worn cameras;

“(2) necessary initial supportive technological infrastructure for body-worn cameras for law enforcement officers in the jurisdiction of the grantee;

“(3) the development of policies and procedures relating to the use of body-worn cameras;

“(4) training on the use of body-worn cameras;

“(5) the storage, retention, viewing, auditing, and release of footage from body-worn cameras; and

“(6) personnel, including law enforcement, prosecution, and criminal defense personnel, to support the administration of the body-worn camera program of the covered government.

“(c) Eligibility

“(1) Application—For a covered government to be eligible to receive a grant under this section, the chief executive officer of the covered government shall submit to the Director an application in such form and containing such information as the Director may require.

“(2) Policies and procedures assurances—The application under paragraph (1) shall, as required by the Director, provide assurances that the covered government will establish policies and procedures in accordance with subsection (d).

“(d) Required policies and procedures

“(1) In general—A covered government receiving a grant under this section shall develop policies and procedures related to the use of body-worn cameras that—

“(A) are developed with community input, including from prosecutors and organizations representing crime victims, in accordance with recognized best practices;

“(B) require that a body-worn camera be activated when a law enforcement officer arrests or detains any person in the course of the official duties of the officer, with consideration to sensitive cases;

“(C) apply discipline to any law enforcement officer who intentionally fails to ensure that a body-worn camera is engaged, functional, and properly secured at all times during which the camera is required to be worn;

“(D) require training for—

“(i) the proper use of body-worn cameras; and

“(ii) the handling and use of the obtained video and audio recordings;

“(E) provide clear standards for privacy, data retention, and use for evidentiary purposes in a criminal proceeding, including in the case of an assault on a law enforcement officer; and

“(F) make footage available to the public in response to a valid request under an applicable freedom of information law if the footage can be made available—

“(i) without compromising an ongoing investigation or revealing the identity of third parties, including victims, informants, or witnesses; and

“(ii) with consideration given to the rights of victims and surviving family members.

“(2) Publication—A covered government receiving a grant under this section shall make all policies and procedures regarding body-worn cameras available on a public website.

“(3) Guidance—The Director shall issue guidance to covered governments related to the requirements under paragraph (1).

“(e) Grant amounts

“(1) Minimum amount

“(A) In general—Each fiscal year, unless the Director has awarded a fully funded grant for each eligible application submitted by a State and any units of local government within the State under this section for the fiscal year, the Director shall allocate to the State and units of local government within the State for grants under this section an aggregate amount that is not less than 0.5 percent of the total amount appropriated for the fiscal year for grants under this section.

“(B) Certain territories—For purposes of the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, subparagraph (A) shall be applied by substituting “0.25 percent” for “0.5 percent”.

“(2) Maximum amount

“(A) Amount per covered government—A covered government may not receive a grant under this section for a fiscal year in an amount that is greater than 5 percent of the total amount appropriated for grants under this section for the fiscal year.

“(B) Aggregate amount per State—A State and each covered government within the State may not receive grants under this section for a fiscal year in an aggregate amount that is more than 20 percent of the total amount appropriated for grants under this section for the fiscal year.

“(f) Matching funds—The portion of the costs of a body-worn camera program provided by a grant under this section—

“(1) may not exceed 50 percent; and

“(2) subject to subsection (e)(2), shall equal 50 percent if the grant is to a unit of local government with fewer than 100,000 residents.

“(g) Supplement, not supplant—Funds made available under this section shall not be used to supplant covered government funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from covered government sources for the purposes of this section.

“(h) Reports to the Director—A covered government that receives a grant under this section shall submit to the Director, for each year in which funds from a grant received under this section are expended, a report at such time and in such manner as the Director may reasonably require, that contains—

“(1) a summary of the activities carried out under the grant and an assessment of whether the activities are meeting the needs identified in the grant application; and

“(2) such other information as the Director may require.

“(i) Reports to Congress—Not later than 90 days after the end of a fiscal year for which grants are made under this section, the Director shall submit to Congress a report that includes—

“(1) the aggregate amount of grants made under this section to each covered government for the fiscal year;

“(2) a summary of the information provided by covered governments receiving grants under this section; and

“(3) a description of the priorities and plan for awarding grants among eligible covered governments, and how the plan will ensure the effective use of body-worn cameras to protect public safety.

“(j) Direct appropriations—For the purpose of making grants under this section, there is appropriated, to remain available until expended, out of any money in the Treasury not otherwise appropriated—

“(1) for fiscal year 2021, $100,000,000;

“(2) for fiscal year 2022, $100,000,000;

“(3) for fiscal year 2023, $100,000,000;

“(4) for fiscal year 2024, $100,000,000; and

“(5) for fiscal year 2025, $100,000,000.”

202. Penalties for failure to use body-worn cameras

(a)
Definition— In this section, the term covered provision means—
(1)
section 509 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 201; and
(2)
any other provision of law that makes funds available for the purchase of body-worn cameras.
(b)
Requirement—
(1)
States— A State that receives funds under a covered provision shall—
(A)
have a policy in place to apply discipline to any law enforcement officer who intentionally fails to ensure that a body-worn camera purchased using those funds is engaged, functional, and properly secured at all times during which the camera is required to be worn; and
(B)
ensure that any entity to which the State awards a subgrant under the covered provision has a policy in place to apply discipline to any law enforcement officer who intentionally fails to ensure that a body-worn camera purchased using those funds is engaged, functional, and properly secured at all times during which the camera is required to be worn.
(2)
Other entities— An entity other than a State that receives funds under a covered provision shall have a policy in place to apply discipline to any law enforcement officer who intentionally fails to ensure that a body-worn camera purchased using those funds is engaged, functional, and properly secured at all times during which the camera is required to be worn.
(c)
Compliance—
(1)
Ineligibility for funds—
(A)
First fiscal year—
(i)
States— For the first fiscal year beginning after the date of enactment of this Act in which a State fails to comply with subsection (b)(1), the State shall be subject to a 20-percent reduction of the funds that would otherwise be provided to the State under the applicable covered provision for that fiscal year.
(ii)
Other entities— For the first fiscal year beginning after the date of enactment of this Act in which an entity other than a State fails to comply with subsection (b)(2), the entity shall be subject to a 20-percent reduction of the funds that would otherwise be allocated to the entity under the applicable covered provision for that fiscal year.
(B)
Subsequent fiscal years—
(i)
States— Beginning in the first fiscal year beginning after the first fiscal year described in subparagraph (A)(i) in which a State fails to comply with subsection (b), the percentage by which the funds described in subparagraph (A)(i) are reduced shall be increased by 5 percent each fiscal year the State fails to comply with subsection (b), except that such reduction shall not exceed 25 percent in any fiscal year.
(ii)
Other entities— Beginning in the first fiscal year beginning after the first fiscal year described in subparagraph (A)(i) in which a an entity other than a State fails to comply with subsection (b), the percentage by which the funds described in subparagraph (A)(ii) are reduced shall be increased by 5 percent each fiscal year the entity fails to comply with subsection (b), except that such reduction shall not exceed 25 percent in any fiscal year.
(2)
Reallocation— Amounts not allocated under covered provision to a State or other entity for failure to comply with subsection (b) shall be reallocated under the covered provision to States or other entities that have complied with subsection (b).