Bill Summary for H 537 (2015-2016)

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Summary date: 

Apr 2 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 537 (Public) Filed Wednesday, April 1, 2015
AN ACT TO REQUIRE MOST LAW ENFORCEMENT OFFICERS TO WEAR AND ACTIVATE BODY-WORN CAMERAS DURING CERTAIN INTERACTIONS WITH THE PUBLIC.
Intro. by Hanes, Alexander, Jeter, Saine.

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Bill summary

Adds new Article 7, Body-Worn Cameras, in GS Chapter 15A. Requires a law enforcement officer to wear and activate a body‑worn camera during any recordable interaction. Specifies three exceptions to the requirement to activate a body‑worn camera. Allows a recording captured by a body‑worn camera to be used as evidence in any relevant administrative, civil, or criminal proceeding. Requires a law enforcement agency to keep an original, unredacted recording captured by a body‑worn camera for a reasonable period of time. Provides that a law enforcement officer or law enforcement agency is not considered to have failed to comply if the body-worn camera did not activate or record due to a malfunction and within 24 hours of learning that the camera did not activate or record due to a malfunction, the law enforcement officer, or a supervisor of the law enforcement officer, completes a written report detailing the nature of the malfunction. Provides that failure to comply is admissible as evidence to support claims made by a defendant in a criminal action or a party opposing the law enforcement officer or law enforcement agency in a civil action. Requires a law enforcement agency to train a law enforcement officer how to operate a body-worn camera before the officer wears and activate the camera. Effective January 1, 2016, for members and officers of the State Highway Patrol and county law enforcement officers and effective January 1, 2017, for the remaining law enforcement officers subject to this act.

Appropriates from the General Fund to the Governor's Crime Commission within the Department of Public Safety $5,000,000 in nonrecurring funds for the 2015‑16 fiscal year and $5,000,000 in nonrecurring funds for the 2016‑17 fiscal year to provide grants to the specified categories of law enforcement agencies for expenses related to the act. Requires grants to be matched on the basis of $1 in grant funds for every $5 in nongrant funds. Limits individual grant amounts to $100,000. Requires the Governor's Crime Commission to develop guidelines and procedures for the administration and distribution of grants. Effective July 1, 2015.