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Legislative News and Views - Rep. Tony Cornish (R)

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BODY CAMERA BILL MOVES FORWARD IN MINNESOTA HOUSE

Friday, May 13, 2016

ST. PAUL – Legislation chief-authored by State Representative Tony Cornish (R-Vernon Center) that addresses personal privacy rights while protecting law enforcement from unwarranted accusations and potential lawsuits is moving forward in the Minnesota House.

 

Following a lengthy debate, Cornish’s Police Body Cam and Portable Recording Devices bill was approved by the Minnesota House Civil Law Committee, its first committee stop.

 

“Some have said there’s a lack of public access in this legislation and I would greatly dispute that,” Cornish said. “Unless it’s part of a criminal case, the officer, suspect, or person who requested police assistance has immediate access to video footage under this bill.”

 

Cornish’s bill would establish data practices and regulations on body cameras being worn by peace officers. City councils and county commissioners would ultimately decide whether or not they want their law enforcement officials to use them.

 

Cornish’s legislation would allow video footage to be available for 90 days to one year after an incident had occurred.

 

“Complaints against officers can often take up to a year, making that guideline necessary,” Cornish said. “Other times, citizens may be undecided about whether or not to file an immediate complaint, or are hesitating because they’re unsure if they want the footage being distributed, so this gives them three months to make a decision.”

 

One provision not included in Cornish’s bill is a consent requirement which gives the citizen or the officer the opportunity to turn off the camera.

 

“There’s no doubt consent would reduce the effectiveness of the program and eventually cause problems,” Cornish said. “If someone at the door tells the officer to turn off the camera and he complies, then someone later jumps out of closet with a gun and the officer shoots him, there would be no video evidence of what happened. This creates another he-said, she-said debate that is happening with law enforcement interactions all across this country.”

 

 

Other specifics include allowing the public to only see footage if it causes someone substantial bodily harm; giving police the power to redact portions of the video that offend “common sensibilities;” letting police review body camera video before officers file an incident report; and allowing anyone in a non-public video to release it to the public, but only after people who haven’t signed off on its release are blurred.

 

“The goal of this legislation is to increase accountability,” Cornish said. “If cops know the camera is running, they will monitor their conduct and their actions. If the public knows they are being videotaped by law enforcement, they are less likely to do something irrational or pick a fight with police.”

 

“I believe this bill strikes a good balance between privacy, access, and data retention, and I’m hopeful we will pass it into law this year,” Cornish concluded.