H.R. 5070: Federal Police Camera and Accountability Act

This bill, known as the Federal Police Camera and Accountability Act, proposes the following key requirements for federal law enforcement officers:

Body Camera Requirements

• All federal law enforcement officers must wear body cameras while on duty.
• The cameras must have a field of view that is at least as broad as the officer’s vision and must be positioned to maximize video capture of the officer's activities.

Recording Protocols

• Officers are required to activate the body camera's video and audio functions whenever responding to a call for service or initiating a law enforcement stop.
• The camera cannot be turned off until the interaction has fully concluded and the officer has left the scene.
• Officers must notify individuals that they are being recorded as soon as possible during the interaction.

Interactions with the Public

• Officers must seek consent from individuals before entering a private residence or turning off the camera during interactions with crime victims or individuals wishing to remain anonymous.
• All offers made to discontinue the use of the camera must be recorded along with the responses received.

Limitations on Use

• Body cameras cannot be used to gather intelligence based on protected First Amendment activities, nor can they use facial recognition or biometric surveillance technologies.
• Officers are exempt from using body cameras in situations where recording could risk the safety of informants or national security, or in specific law enforcement roles such as military policing.

Retention and Access to Footage

• Video footage must be retained for at least six months after recording, with the possibility of extending this retention period in certain circumstances, such as incidents involving use of force or when a complaint is filed.
• During the retention period, specific individuals, including subjects of the footage and their legal representatives, have the right to inspect the recordings.
• Footage that captures significant incidents, such as use of force, may be retained for a minimum of three years.

Disclosure of Footage

• Members of the public may request access to footage, with some limitations based on the presence of non-law enforcement individuals in the recordings.
• Requests for footage related to serious incidents, such as injuries or fatalities, will be prioritized and must be responded to within five days.

Accountability and Compliance

• Failure to adhere to recording and retention requirements could lead to disciplinary action against the offending officers, and could create a presumption of exculpatory evidence in legal contexts if evidence is destroyed or not captured.
• Any recordings exceeding the six-month retention period solely for training purposes will not be admissible as evidence in legal proceedings.

Reporting and Oversight

• The General Accountability Office (GAO) is mandated to conduct a study on issues related to federal law enforcement training and practices and report back within 18 months after enactment.
• The Attorney General will need to issue regulations to enforce this act within six months of its enactment.

Prohibition on Certain Technologies

No cameras required under this Act are permitted to utilize facial recognition or other biometric surveillance methods.

Regulatory Framework

The Act establishes a structure for maintaining records of interactions involving federal law enforcement and sets forth strict guidelines for the use and disclosure of body camera footage.

Relevant Companies