Chapter 10.109 RCW

USE OF BODY WORN CAMERAS

Sections

10.109.010Policies.
10.109.020Ordinance or resolutionCommunity involvement process.
10.109.030Limitations on use.
10.109.900Task force2016 c 163.


Policies.

(1) A law enforcement or corrections agency that deploys body worn cameras must establish policies regarding the use of the cameras. The policies must, at a minimum, address:
(a) When a body worn camera must be activated and deactivated, and when a law enforcement or corrections officer has the discretion to activate and deactivate the body worn camera;
(b) How a law enforcement or corrections officer is to respond to circumstances when it would be reasonably anticipated that a person may be unwilling or less willing to communicate with an officer who is recording the communication with a body worn camera;
(c) How a law enforcement or corrections officer will document when and why a body worn camera was deactivated prior to the conclusion of an interaction with a member of the public while conducting official law enforcement or corrections business;
(d) How, and under what circumstances, a law enforcement or corrections officer is to inform a member of the public that he or she is being recorded, including in situations where the person is a non-English speaker or has limited English proficiency, or where the person is deaf or hard of hearing;
(e) How officers are to be trained on body worn camera usage and how frequently the training is to be reviewed or renewed; and
(f) Security rules to protect data collected and stored from body worn cameras.
(2) A law enforcement or corrections agency that deploys body worn cameras before June 9, 2016, must establish the policies within one hundred twenty days of June 9, 2016. A law enforcement or corrections agency that deploys body worn cameras on or after June 9, 2016, must establish the policies before deploying body worn cameras.

NOTES:

FindingIntent2016 c 163: See note following RCW 42.56.240.



Ordinance or resolutionCommunity involvement process.

For a city or town that is not deploying body worn cameras on June 9, 2016, a legislative authority of a city or town is strongly encouraged to adopt an ordinance or resolution authorizing the use of body worn cameras prior to their use by law enforcement or a corrections agency. Any ordinance or resolution authorizing the use of body worn cameras should identify a community involvement process for providing input into the development of operational policies governing the use of body worn cameras.

NOTES:

FindingIntent2016 c 163: See note following RCW 42.56.240.



Limitations on use.

For state and local agencies, a body worn camera may only be used by officers employed by a general authority Washington law enforcement agency as defined in RCW 10.93.020, any officer employed by the department of corrections, and personnel for jails as defined in RCW 70.48.020 and detention facilities as defined in RCW 13.40.020.

NOTES:

FindingIntent2016 c 163: See note following RCW 42.56.240.



Task force2016 c 163. (Expires June 1, 2019.)

(1) The legislature shall convene a task force with the following voting members to examine the use of body worn cameras by law enforcement and corrections agencies:
(a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(b) One member from each of the two largest caucuses in the house of representatives, appointed by the speaker of the house of representatives;
(c) A representative from the governor's office;
(d) Two representatives from the Washington association of prosecuting attorneys;
(e) A representative from the Washington defender association;
(f) A representative of the Washington association of criminal defense lawyers;
(g) A representative from the American civil liberties union of Washington;
(h) A representative from the Washington association of sheriffs and police chiefs;
(i) Four chief local law enforcement officers, at least two of whom must be from local law enforcement agencies that have deployed body worn cameras, appointed jointly by the president of the senate and the speaker of the house of representatives;
(j) Three law enforcement officers, one representing the council of metropolitan police and sheriffs and two representing the Washington council of police and sheriffs;
(k) Two representatives of local governments responsible for oversight of law enforcement, appointed jointly by the president of the senate and the speaker of the house of representatives;
(l) A representative from the Washington coalition for open government;
(m) A representative of the news media, appointed jointly by the president of the senate and the speaker of the house of representatives;
(n) A representative of victims advocacy groups, appointed jointly by the president of the senate and the speaker of the house of representatives;
(o) Two representatives with experience in interactions between law enforcement and the public, appointed by the Washington state commission on African-American affairs;
(p) Two representatives with experience in interactions between law enforcement and the public, appointed by the Washington state commission on Asian Pacific American affairs;
(q) Two representatives with experience in interactions between law enforcement and the public, appointed by the Washington state commission on Hispanic affairs;
(r) One representative of immigrant or refugee communities, appointed jointly by the president of the senate and the speaker of the house of representatives;
(s) One person with expertise in the technology of retaining and redacting body worn camera recordings, appointed jointly by the president of the senate and the speaker of the house of representatives;
(t) Two representatives of the tribal communities with experience in interactions between law enforcement and the public, appointed jointly by the president of the senate and the speaker of the house of representatives;
(u) A public member, appointed jointly by the president of the senate and the speaker of the house of representatives; and
(v) A representative of the Washington state fraternal order of police.
(2) The task force shall choose two cochairs from among its legislative members.
(3) The task force may request such information, recordings, and other records from agencies as the task force deems appropriate for it to effectuate this section. A participating agency must provide such information, recordings, or records upon request subject to exemptions under chapter 42.56 RCW or any applicable law.
(4) Staff support for the task force shall be provided by the senate committee services and the house of representatives office of program research.
(5) Legislative members of the task force may be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer, governmental entity, or other organization, are entitled to be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(6) The expenses of the task force shall be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house executive rules committee, or their successor committees.
(7) The task force shall hold public meetings in locations that include rural and urban communities and communities in the eastern and western parts of the state.
(8) The task force shall specifically consider and report on the use of body worn cameras in health care facilities subject to the health insurance portability and accountability act of 1996, P.L. 104-191, and the uniform health care information act, chapter 70.02 RCW. The task force shall consult with subject matter experts , including, but not limited to, the Washington state hospital association and the Washington state medical association, and any findings or recommendations must be consistent with the obligations of health care facilities under both federal and state law.
(9) The task force shall report its findings and recommendations to the governor and the appropriate committees of the legislature by December 1, 2017. The report must include, but is not limited to, findings and recommendations regarding costs assessed to requesters, policies adopted by agencies, retention and retrieval of data, model policies regarding body worn cameras that at a minimum address the issues identified in RCW 10.109.010, and the use of body worn cameras for gathering evidence, surveillance, and police accountability. The task force must allow a minority report to be included with the task force report if requested by a member of the task force.
(10) This section expires June 1, 2019.

NOTES:

FindingIntent2016 c 163: See note following RCW 42.56.240.