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This act may be known and cited as the law enforcement body worn camera act.
The legislature finds that public trust in law enforcement is strengthened by transparency and accountability, and that body worn cameras provide an objective record of law enforcement interactions, protect both officers and the public, and aid in accurate investigations and judicial proceedings.
Therefore, the legislature intends to establish a uniform statewide standard requiring all law enforcement officers to activate their body worn cameras during all law enforcement encounters and responses to incidents, ensuring continuous and reliable recordings of public interactions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Body worn camera" means a video and sound recording device attached to the uniform or eyewear of a law enforcement officer that records the officer's interactions and activities while in the course of the officer's official duties.
"Incident" means any situation where a law enforcement officer is dispatched, responds, or becomes involved, including but not limited to enforcement actions, investigations, traffic stops, calls for service, detentions, and arrests.
"Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
"Law enforcement officer" means a general authority Washington peace officer as defined in RCW 10.93.020.
"Public interaction" means any contact between a law enforcement officer and a member of the public, whether initiated by the officer or the individual.
Beginning July 1, 2027, each law enforcement officer in the state must be equipped with and activate a body worn camera prior to arriving at the scene of an incident, or prior to initiating an interaction with a member of the public, whichever occurs first.
Except as provided in subsection (3) of this section, the body worn camera must remain activated until the incident or interaction has fully concluded, including by remaining activated throughout any transportation of detainees or suspects.
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Deactivating the body worn camera is authorized only under the following circumstances:
Interactions involving a confidential informant or undercover officer where recording the interaction may reveal the informant or officer's identity; or
During personal breaks, administrative discussions, or when the law enforcement officer is not engaged in law enforcement activity.
If the body worn camera is deactivated for any reason under (a) of this subsection, the law enforcement officer must verbally record the justification prior to deactivation, and reactivate the body worn camera immediately upon reengagement in any law enforcement activity.
Beginning July 1, 2027, each law enforcement agency in the state must store the body worn camera recordings of the agency's officers using secure digital evidence systems compliant with all applicable data security standards under state law.
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Except as provided in (b) of this subsection, each body worn camera recording must be retained for a minimum of 90 days from the date of the recording.
Body worn camera recordings must be retained for a minimum of three years from the date of the recording in cases involving any of the following:
Use of force by a law enforcement officer;
An arrest or detention; or
A complaint or investigation involving a law enforcement officer's conduct.
Unauthorized access, alteration, or deletion of body worn camera recordings is prohibited and subject to disciplinary action by the employing law enforcement agency, in addition to any other penalties provided under state law.
Nothing in this section shall be construed as prohibiting any law enforcement agency from retaining body worn camera recordings for a longer period than the minimum requirements described in subsection (2) of this section.
By July 1, 2027, each law enforcement agency in the state must establish or update its policies regarding the use of body worn cameras to ensure compliance with the provisions of this chapter. The policies must, at a minimum, address the following:
When a body worn camera must be activated and deactivated, and when a law enforcement officer has the discretion to activate and deactivate the body worn camera;
How a law enforcement 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;
How a law enforcement 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 duties;
How, and under what circumstances, a law enforcement 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;
What disciplinary actions, up to and including suspension of termination, a law enforcement officer will be subject to if the officer violates a provision of this chapter or agency policy;
How law enforcement officers are to be trained on body worn camera usage and how frequently the training is to be reviewed or renewed; and
Retention guidelines and security rules to protect data collected and stored from body worn cameras.
A person who is the subject of an incident or public interaction captured by a body worn camera may request a copy of the relevant recording at no cost, except as prohibited under RCW 42.56.240 or any other applicable state law.
The state of Washington fully occupies and preempts the entire field of requiring the use of body worn cameras by general authority Washington peace officers. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to the use of body worn cameras by general authority Washington peace officers that are consistent with this chapter. Local laws and ordinances that are inconsistent with the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality.
A limited authority Washington law enforcement agency or corrections agency that deploys body worn cameras must establish policies regarding the use of the cameras. The policies must, at a minimum, address:
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;
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;
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;
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;
How officers are to be trained on body worn camera usage and how frequently the training is to be reviewed or renewed; and
Security rules to protect data collected and stored from body worn cameras.
A limited authority Washington law enforcement agency or corrections agency that deploys body worn cameras before the effective date of this section, must establish the policies within 120 days of the effective date of this section. A limited authority Washington law enforcement agency or corrections agency that deploys body worn cameras on or after the effective date of this section, must establish the policies before deploying body worn cameras.
For a city or town that is not deploying body worn cameras on the effective date of this section, 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 a limited authority Washington law enforcement agency 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.
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, officers employed by a limited authority Washington law enforcement agency as defined in RCW 10.93.020, and personnel for jails as defined in RCW 70.48.020 and detention facilities as defined in RCW 13.40.020. The use of body worn cameras by officers employed by a general authority Washington law enforcement agency is subject to the requirements of sections 1 through 8 of this act.
Subject to the availability of amounts appropriated for this specific purpose, the commission shall distribute funding to local law enforcement agencies to purchase and maintain body worn camera equipment and safe and secure data storage systems.
Beginning July 1, 2027, and every year thereafter, the commission shall submit a report to the fiscal committees of the legislature detailing the name of each law enforcement agency that received funding, and the amount of funding distributed to each agency.
The commission shall monitor law enforcement agency compliance with the provisions of sections 4 through 6 of this act and, by December 1, 2027, submit a report to the appropriate committees of the legislature detailing whether each local law enforcement agency in the state has achieved compliance, including whether each agency has:
Fully equipped its law enforcement officers with body worn cameras;
Implemented a system to safely and securely store collected recording; and
Established or updated its body worn camera policies as described under section 6 of this act.
This section expires July 1, 2028.
Sections 4 through 6 and 8 through 11 of this act takes effect July 1, 2027.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.