JOHN RAY CLEMMONS ! ‘STATE REPRESENTATIVE, y istaicr #8 conarrnees EDUCATION Ef Comper uns ws State of Tennessee NAMING, DESIGNTING & PRIVATE ACTS {2s PTL AVENUE NORTH, SUITE 8 NASHVILLE Tues suse (els) aiasl0 House of Representatives nO ‘rep jobn.ray clemmons @capitol n. gov ‘MENTAL HEALTH & SUBSTANCE ABUSE FOR IMMEDIATE RELEASE Contact; John Ray Clemmons January 21, 2020 (615) 741-4410 CLEMMONS INTRODUCES BILL REQUIRING BODY CAMERAS FOR MNPD Lawmaker seeks to build community trust, protect officers and the public, promote transparency and accountability NASHVILLE~Today State Representative John Ray Clemmons was joined by colleagues and advocates to announce the introduction of his legislation to mandate the full implementation of body-worn cameras and patrol car cameras in Nashville by February 10, 2021 “The advocates and faith leaders joining me today have led this effort for years, and T am honored to stand with them to assist in this cause,” said Rep. John Ray Clemmons. “According to a Vanderbilt University poll, 93% of Nashville residents support the use of body cameras to record police interactions with the public. Fully implementing body-worn and dashboard cameras will help restore community trust, protect officers and the public, as well as promote transparency and accountability for officers and our community through objective evidence.” “gince the Driving While Black report was released on October 25, 2016, 1,183 days have passed and Nashville has had three mayors, three budgets, three RFP’s, two police-related shootings, over $25 million allocated to the MNPD, countless excuses, and very few body ‘cameras,” Clemmons added. “We respectfully understand the challenges, but our city’s patience has run out.” “With respect to the police officers’ dedication and service to the community, there has been a historical tension and distrust with the Aftican American Community, inner-city and the police department of Nashville,” says Rev. James Turner, II, President of the Interdenominational Ministers Fellowship and pastor of New Hope Baptist Church, “So with that, the body cameras are a step in the right direction to ensure full transparency and safety with several events that have occurred in Nashville and around the country with the African Americans and people of color. To have state support to ensure that every police officer has a body camera, we thank Rep. John Ray Clemmons for his insight and courage to use his office and support from the state level to what needs to happen in Nashville Tene: The legislation, as drafted, would: require full implementation of body-worn and patrol car cameras in Metro Nashville by February 10, 2021; require the chief law enforcement official to develop and implement policies and procedures with community input; require the storage ofvideo and audio recordings for minimum terms; create a criminal offense for the manipulation of, tampering with, or destroying audio and visual recordings; and, make the device's recordings public records with certain currently codified exceptions. ce State Representative John Ray Clemmons represents District 55 in the Tennessee House of Representatives. You can follow him on Twitter at @JRClemmons and Facebook at @johnrayfortn.sj 9 8 5 So SES" IIR NDO OF VHRR Moy UNOS UE OPN - ~ = - puri @8i6Op- 0) soo GAN SB\PUL wu VO erg sisonber 77 aboeren 900 ABIBLUROTARE sisonb HID W z1$ moge senda: vq (seiour wowrfneg go}E 0 WuNOWE s9see ‘aiisizt jab sufBag $8000. “Bas64 BOHN SEM UOBIEPUY JOKED oN TUBERS AUTLUED “De ie ive So Ye60NG GHB BIZ) “syseniboy ybpnG 10 PUROY PUZ ia BUIRBSIAA jo aE SANS ‘Saeed pare! ‘L0028 ‘iozivty seunpeooxd od pausiaeise WON : en. uoustord ‘paseo TOs AiBIEAIIN WEGOBUEAT ~~ “LORIE _-ueoujy 40 656 ‘SoU J0or6 “Hand a MUM SuongeeIY PIED cSE!DU “yar ve ‘asenbsal aba jo punow vel” L10eIGi ‘any 0 Bu08 Argegaid 91 “ayo sopuejap ayqnd pue eolso ful £q posnbai aq euuob ab Yun jeuU0si0d 4031 8 ae opeiy i ogeycund oy en puoNeq 809 WeedsUvOp oly o}PUBueBuryOO} APEaIE S| Sow SyOfEL oUt ‘oy e0ers cay ue os pue eBej00)eseluED metas oy saeKojdue SUN IRY NBU OY ANY GF YOM S'Z$ MOE sTSeNbE! HUN Luosropuy jaluo- ,"woneedo ryssazons 1 onoy oy Aresseoau juowdnbo olp oney ax jexy auns eyeU! o ‘spovOYS prone oy ueD ou BulyiaAe Op o} pasy Om TUN YU | “eBei00) oapin Moya! ot eOMOHS [puopppe pu sep eos siones sync Mou JeD\yo Yee 44 sesauN> ony soprou caphIeNuaUnledeP ogy VO SEIAUED sed now pus Sleayo 23}00 gpl 20) sosuedx9 poyerer#ewe2 Koa 30) ani . 7 - ‘kneg 36K), ejassod se ide joonbay) seiei65 Npoa Uo BUEN KunwNeD EUNICE dg ue 0} 90 08 oF ofa 09 mt at YOU 0 ‘anew ou inpoacid put Zed exp aney am taBpng O17 Ui }Se 24) 40} OF ax UoK JEU 08 SH sey woupiedep aoiod ou) you) sou yBaiB oy 0 0 Potopou dreip Kosnpy humuuog sfureg soken Jo Buge0ls yxy 04 0} o\neD sistANDE Ai ‘Soilor 20K tf dye oyjen @ Busno|o) Suounoio senboor souwpueth enue s,p1yON 18 o8pna gL0z Je0K 1easy s0ReN Ut Ses0UIED Apa puny fay 0 SosHuOAS KER LOLS a - EO eee aero on Hani siiyrTeaq Weuliedeq soled ajISEN GTeH 8 Jo spuEY au] TEsueBuEP — Peewoia Vedey eG HM OUNHC, OLVF ue ‘semiesainn “eye jo souae onbrun e seintyeuoo YpeIg OTL DUALP™-, "odo! oRia OLN BUNLC oul SSE KUL S.UOODISD Cn NOUV LV pojii si suownuieia sensor wy LOL ‘dsuldig Altea wEBAA| ONAN 9LOZIOEIOL‘AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7; Title 38, Chapter 1 and Title 39, Chapter 16, relative to law enforcement recording devices. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 38, Chapter 1, is amended by adding the following language as a new part: 38-1-801. (@) A law enforcement agency in any county having a metropolitan form of government and a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, shall, by February 10, 2021: (1) Issue a law enforcement body camera to each law enforcement officer employed by the agency while the officer is on duty; and (2) Equip each patrol car used by the law enforcement agency with an audio and video recording device. (b) A law enforcement officer issued a law enforcement recording device pursuant to this section shall operate the law enforcement recording device while on duty in accordance with policies and procedures established by the chief law enforcement officer of the agency that issued the device, 38-1-802, For purposes of this part: (1) “Evidentiary data” means data of an incident or encounter that could prove useful for investigative purposes, including a crime, an arrest or citation, a | (WM 069271490; I ll WM 012550"search, a use of force incident, or a confrontational encounter with a member of the public; (2) "Law enforcement body camera’ or "body camera” means a device wom on a law enforcement officer's body that records both audio and video data; (3) "Law enforcement officer” means any person employed by @ municipality or political subdivision of this state whose primary responsibility is the prevention and detection of crime, the apprehension of offenders, and who routinely interacts with the public while on duty; (4) "Law enforcement recording device" means a law enforcement body camera or an audio or video recording device installed on a patrol car; (6) "Nonevidentiary data" means data that does not have value to aid in an investigation or prosecution, such as data of an incident or encounter that does not lead to an arrest or citation, or data of general activities the law enforcement officer performs while on duty; and (6) “Patrol car" means a ground vehicle used by a law enforcement officer while on duty. 38-1-803. (a) The chief law enforcement officer of a local law enforcement agency issuing a law enforcement recording device pursuant to § 38-1-801 shall develop and implement policies and procedures regarding the use of the law enforcement recording device. The chief law enforcement officer shall solicit community input on the policies and procedures adopted pursuant to this section. (b) When establishing policies and procedures for the implementation and operation of a law enforcement recording device pursuant to subsection (a) the chief law enforcement officer shall: -2- 012550"(1) Designate a person responsible for downloading data created by a law enforcement recording device; (2) Establish when data created by a law enforcement recording device must be downloaded, and procedures for proper storage of the data; (@) Establish procedures to ensure law enforcement recording devices are properly maintained; (4) Establish policies to prevent tampering, deleting, and copying, including prohibiting the unauthorized use, duplication, or distribution of data created by the law enforcement recording device; (©) Establish a policy regarding the chain of custody for data created by a law enforcement recording device; and (6) Establish a policy regarding the length of time that recorded data is to be stored. (©) Alaw enforcement agency shall maintain nonevidentiary audio and video data recorded by a law enforcement recording device for a minimum of sixty (80) days, after which time the recording may be erased, destroyed, or recycled. (@ Alaw enforcement agency shall maintain evidentiary audio and video data recorded by a law enforcement recording device for a minimum of two (2) years under any of the following circumstances: (1) The recording is of an incident involving the use of force by a law enforcement officer or an officer-involved shooting; (2) The recording is of an incident that leads to the detention or arrest of an individual; or (3) The recording is relevant to a formal or informal complaint against a law enforcement officer or a law enforcement agency. 012550"(e) Ifevidence that may be relevant to criminal prosecution is obtained from a recording made by a law enforcement recording device, the law enforcement agency must retain the recording for any time in addition to that specified in subsections (b) and (©), and in the same manner as is required by law for other evidence that may be relevant to a criminal prosecution. 38-1-804. (a) It is an offense for a person, with the intent to prevent the creation of evidence, to tum off, disable, fail to turn on, or operate a law enforcement recording device in any manner that violates the policies and procedures established by the law enforcement agency that issued the device. (b) A violation of this section is a Class C felony. SECTION 2, Tennessee Code Annotated, Section 39-16-503(a), is amended by adding the following language as a new subdivision (3) (3) Alter, destroy, or conceal any audio or video recording from a law enforcement recording device, as defined in § 38-1-802, with the intent to impair the recording's availabilty as evidence in an investigation or offcial proceeding. SECTION 3. Tennessee Code Annotated, Section 10-7-504(u)(1), is amended by deleting the language "Video taken by a law enforcement body camera that depicts the following shall be treated as confidential and not subject to public inspection.” and substituting instead the language "Video taken by a law enforcement body camera is at all times during business hours open for personal inspection by any citizen of this state, unless the video depicts the following, and then it shall be held as confidential”. SECTION 4, Tennessee Code Annotated, Section 10-7-504(u), is amended by deleting subdivision (5). SECTION 5. This act shall take effect July 1, 2020, the public’ welfare requiring it. -4- 012550"