Section 29-6d - Use of body-worn recording equipment and dashboard cameras. When recording prohibited. Retention of data(a) For purposes of this section and section 7-277b: (1) "Law enforcement unit" has the same meaning as provided in section 7-294a;(2) "Police officer" means a sworn member of a law enforcement unit or any member of a law enforcement unit who performs police duties;(3) "Body-worn recording equipment" means an electronic recording device that is capable of recording audio and video;(4) "Dashboard camera" means a dashboard camera with a remote recorder, as defined in section 7-277b;(5) "Digital data storage device or service" means a device or service that retains the data from the recordings made by body-worn recording equipment using computer data storage; and(6) "Police patrol vehicle" means any state or local police vehicle other than an administrative vehicle in which an occupant is wearing body-worn camera equipment, a bicycle, a motor scooter, an all-terrain vehicle, an electric personal assistive mobility device, as defined in subsection (a) of section 14-289h, or an animal control vehicle.(b) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly evaluate and approve the minimal technical specifications of body-worn recording equipment that shall be worn by police officers pursuant to this section, dashboard cameras that shall be used in each police patrol vehicle and digital data storage devices or services that shall be used by a law enforcement unit to retain the data from the recordings made by such equipment. The commissioner and council shall make such minimal technical specifications available to each law enforcement unit in a manner determined by the commissioner and council. The commissioner and council may revise the minimal technical specifications when the commissioner and council determine that revisions to such specifications are necessary.(c)(1) Each police officer shall use body-worn recording equipment while interacting with the public in such sworn member's law enforcement capacity, except as provided in subsection (g) of this section, or in the case of a municipal police department, in accordance with the department's policy adopted by the department and based on guidelines maintained pursuant to subsection (j) of this section, concerning the use of body-worn recording equipment.(2) Each police officer shall wear body-worn recording equipment on such officer's outer-most garment and shall position such equipment above the midline of such officer's torso when using such equipment.(3) Body-worn recording equipment used pursuant to this section shall conform to the minimal technical specifications approved pursuant to subsection (b) of this section, except that a police officer may use body-worn recording equipment that does not conform to the minimal technical specifications approved pursuant to subsection (b) of this section, if such equipment was purchased prior to January 1, 2016, by the law enforcement unit employing such officer.(4) Each law enforcement unit shall require usage of a dashboard camera in each police patrol vehicle used by any police officer employed by such unit in accordance with the unit's policy adopted by the unit and based on guidelines maintained pursuant to subsection (j) of this section, concerning dashboard cameras.(d) Except as required by state or federal law, no person employed by a law enforcement unit shall edit, erase, copy, share or otherwise alter or distribute in any manner any recording made by body-worn recording equipment or a dashboard camera or the data from such recording.(e) A police officer may review a recording from his or her body-worn recording equipment or a dashboard camera in order to assist such officer with the preparation of a report or otherwise in the performance of his or her duties.(f)(1) If a police officer is giving a formal statement about the use of force or if a police officer is the subject of a disciplinary investigation in which a recording from body-worn recording equipment or a dashboard camera is being considered as part of a review of an incident, the officer shall have the right to review (A) such recording in the presence of the officer's attorney or labor representative, and (B) recordings from other body-worn recording equipment capturing the officer's image or voice during the incident. Not later than forty-eight hours following an officer's review of a recording under subparagraph (A) of this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the initiation of such disciplinary investigation, whichever is earlier, such recording shall be disclosed, upon request, to the public, subject to the provisions of subsection (g) of this section. Public disclosure may be delayed if the officer, due to a medical or physical response or an acute psychological stress response to the incident, is not reasonably able to review a recording under this subdivision, but in no event shall disclosure be delayed more than one hundred forty-four hours following the recorded event.(2) If a request is made for public disclosure of a recording from body-worn recording equipment or a dashboard camera of an incident about which (A) a police officer has not been asked to give a formal statement about the alleged use of force, or (B) a disciplinary investigation has not been initiated, any police officer whose image or voice is captured on the recording shall have the right to review such recording in the presence of the officer's attorney or labor representative. Not later than forty-eight hours following an officer's review of a recording under this subdivision, or if the officer does not review the recording, not later than ninety-six hours following the request for disclosure, whichever is earlier, such recording shall be disclosed to the public, subject to the provisions of subsection (g) of this section. Public disclosure may be delayed if the officer, due to a medical or physical response or an acute psychological stress response to the incident, is not reasonably able to review a recording under this subdivision, but in no event shall disclosure be delayed more than one hundred forty-four hours following the recorded event.(g)(1) Except as otherwise provided by any agreement between a law enforcement unit and the federal government, no police officer shall use body-worn recording equipment or a dashboard camera, if applicable, to intentionally record (A) a communication with other law enforcement unit personnel, except that which may be recorded as the officer performs his or her duties, (B) an encounter with an undercover officer or informant or an officer performing detective work described in guidelines developed pursuant to subsection (j) of this section, (C) when an officer is on break or is otherwise engaged in a personal activity, (D) a person undergoing a medical or psychological evaluation, procedure or treatment, (E) any person other than a suspect to a crime if an officer is wearing such equipment in a hospital or other medical facility setting, or (F) in a mental health facility, unless responding to a call involving a suspect to a crime who is thought to be present in the facility.(2) No record created using body-worn recording equipment or a dashboard camera of (A) an occurrence or situation described in subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, (B) a scene of an incident that involves (i) a victim of domestic or sexual abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an accident, if disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy in the case of any such victim described in this subparagraph, or (C) a minor, shall be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and any such record shall be confidential, except that a record of a minor shall be disclosed if (i) the minor and the parent or guardian of such minor consent to the disclosure of such record, (ii) a police officer is the subject of an allegation of misconduct made by such minor or the parent or guardian of such minor, and the person representing such officer in an investigation of such alleged misconduct requests disclosure of such record for the sole purpose of preparing a defense to such allegation, or (iii) a person is charged with a crime and defense counsel for such person requests disclosure of such record for the sole purpose of assisting in such person's defense and the discovery of such record as evidence is otherwise discoverable.(h) No police officer shall use body-worn recording equipment prior to being trained in accordance with section 7-294s in the use of such equipment and in the retention of data created by such equipment. A law enforcement unit shall ensure that each police officer such unit employs receives such training at least annually and is trained on the proper care and maintenance of such equipment.(i) If a police officer is aware that any body-worn recording equipment or dashboard camera is lost, damaged or malfunctioning, such officer shall inform such officer's supervisor in writing as soon as is practicable. Upon receiving such information, the supervisor shall ensure that the body-worn recording equipment or dashboard camera is inspected and repaired or replaced, as necessary. Each police officer shall inspect and test body-worn recording equipment prior to each shift to verify proper functioning, and shall notify such officer's supervisor of any problems with such equipment.(j) The Commissioner of Emergency Services and Public Protection and the Police Officer Standards and Training Council shall jointly maintain guidelines pertaining to the use of body-worn recording equipment and dashboard cameras, including the type of detective work an officer might engage in that should not be recorded, retention of data created by such equipment and dashboard cameras and methods for safe and secure storage of such data. The guidelines shall not require a law enforcement unit to store such data for a period longer than one year, except in the case where the unit knows the data is pertinent to any ongoing civil, criminal or administrative matter. Each law enforcement unit and any police officer and any other employee of such unit who may have access to such data shall adhere to such guidelines. The commissioner and council may update and reissue such guidelines, as the commissioner and council determine necessary. The commissioner and council shall, upon issuance of such guidelines or any update to such guidelines, submit such guidelines in accordance with the provisions of section 11-4a to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety.(k)(1) Not later than October 1, 2023, the Police Officer Standards and Training Council, in consultation with the Institute for Municipal and Regional Policy at The University of Connecticut, shall prescribe a form to be used by law enforcement units to report each unit's compliance with the provisions of subsection (c) of this section. Such form shall require the compilation of information including, but not limited to, (A) the number of body-worn recording devices in operation in a law enforcement unit, (B) the number of dashboard cameras in operation in a law enforcement unit, (C) the number of police patrol vehicles not equipped with a dashboard camera in a law enforcement unit and the reasons such vehicles are not so equipped, (D) information regarding any incidents in which a police officer of a law enforcement unit was found in an internal investigation conducted by such unit to have violated such unit's policy regarding the use of body-worn recording equipment or dashboard cameras, and (E) any other information deemed necessary.(2) Not later than January 1, 2024, and annually thereafter, each law enforcement unit shall submit a report on the form prescribed pursuant to subdivision (1) of this subsection concerning the unit's compliance with the provisions of subsection (c) of this section to the Institute for Municipal and Regional Policy at The University of Connecticut. The institute shall post such reports on the institute's Internet web site.(3) Not later than July 1, 2024, and annually thereafter, the Institute for Municipal and Regional Policy at The University of Connecticut shall, within available appropriations, review the reports submitted pursuant to subdivision (2) of this subsection, and report the results of such review and any recommendations as a result of such review to the Governor, the Police Officer Standards and Training Council, the Criminal Justice Policy and Planning Division within the Office of Policy and Management and, in accordance with the provisions of section 11-4a, the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety and security.( June Sp. Sess. P.A. 15-4 , S. 7 ; P.A. 16-33 , S. 1 ; P.A. 17-225 , S. 3 , 4 .)
Amended by P.A. 23-0047,S. 8 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.Amended by P.A. 23-0204, S. 58 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.Amended by P.A. 22-0095, S. 1 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.Vetoed June 1, 2022..Amended by P.A. 21-0040, S. 26 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2022.Amended by P.A. 21-0033, S. 2 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021and S. 3 of the Connecticut Acts of the 2021 Regular Session eff. 7/1/2022.Amended by P.A. 20-0001, S. 19 of the 2020 July Special Session, eff. 7/1/2022.Amended by P.A. 19-0090, S. 2 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 19-0011, S. 2 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.Amended by P.A. 17-0225, S. 4 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.Amended by P.A. 17-0225, S. 3 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.Amended by P.A. 16-0033, S. 1 of the Connecticut Acts of the 2016 Regular Session, eff. 5/26/2016.Added by P.A. 15-0004, S. 7 of the Connecticut Acts of the 2015 Special Session, eff. 7/6/2015.