S 589

Abstract

A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-242, TO PROHIBIT THE DELETION OR DESTRUCTION OF DATA FROM A BODY-WORN CAMERA WITH THE INTENT TO ALTER OR INFLUENCE A CRIMINAL ACTION, CRIMINAL INVESTIGATION, INTERNAL POLICE INVESTIGATION, CIVIL ACTION, OR POTENTIAL CIVIL ACTION IF NOTICE IS PROVIDED BY THE ADVERSE PARTY, OR IF LITIGATION IS REASONABLY ANTICIPATED, TO PROVIDE PENALTIES, AND TO PROVIDE EXEMPTIONS; AND TO AMEND SECTION 23-1-240(D) AND (G), RELATING TO POLICIES AND PROCEDURES FOR THE USE OF BODY-WORN CAMERAS, TO PROVIDE FOR THE CIRCUMSTANCES IN WHICH THE POLICIES AND PROCEDURES ESTABLISHED BY THE AGENCIES MUST INCLUDE FOR THE ACTIVATION OF THE RECORDINGS, AND TO PROVIDE THAT A TRIAL JUDGE MAY INSTRUCT A JURY THAT IT MAY INFER NEGLIGENCE IF AN OFFICER WEARING A BODY-WORN CAMERA FAILED TO PRODUCE VIDEO.