New Jersey § 40a:14-118

§ 40a:14-118.

a. For the purposes of this section: “ Body worn camera ” means a mobile audio and video recording system worn by a law enforcement officer,

but shall not include a recording device worn by a law enforcement officer while engaging

in an undercover assignment or a recording device used during a custodial interrogation

conducted in a place of detention in compliance with Rule 3:17 of the Rules Governing

the Courts of the State of New Jersey. “ Constructive authority ” means the use of the law enforcement officer's authority to exert control over a

person, directed against a person who is subject to an investigative detention or

arrest or against any person if the officer has un-holstered a firearm or a conducted

energy device. “ Force ” shall include physical, mechanical, enhanced mechanical, and deadly force. “ Law enforcement officer ” means a person whose public duties include the power to act as an officer for the

detection, apprehension, arrest, and conviction of offenders against the laws of this

State. This term shall not include a correctional police officer. “Mobile video recording system” shall have the same meaning as set forth in section

1 of P.L.2014, c. 54 ( C.40A:14-118.1 ). “ School ” means a public or nonpublic elementary or secondary school within this State offering

education in grades kindergarten through 12, or any combination of grades, at which

a child may legally fulfill compulsory school attendance requirements. “ Subject of the video footage ” means any law enforcement officer, suspect, victim, detainee, conversant, injured

party, or other similarly situated person who appears on the body worn camera recording,

and shall not include a person who only incidentally appears on the recording. “ Youth facility ” means a facility within this State used to house or provide services to children

under P.L.1951, c. 138 ( C.30:4C-1 et seq. ), including but not limited to group homes, residential facilities, day care centers,

and day treatment centers. b. A body worn camera used by a law enforcement officer shall be placed so that it

maximizes the camera's ability to capture video footage of the officer's activities. c. (1) Except as otherwise provided in this subsection or in subsection e. of this

section, the video and audio recording functions of a body worn camera shall be activated

whenever the officer is responding to a call for service or at the initiation of any

other law enforcement or investigative encounter between an officer and a member of

the public, in accordance with applicable guidelines or directives promulgated by

the Attorney General; provided however, if an immediate threat to the officer's life

or safety makes activating the body worn camera impossible or dangerous, the officer

shall activate the body worn camera at the first reasonable opportunity to do so. The body worn camera shall remain activated until the encounter has fully concluded

and the officer leaves the scene. (2) The video and audio recording functions of a body worn camera may be deactivated,

consistent with directives or guidelines promulgated by the Attorney General, under

the following circumstances: (a) when a civilian conversing with the officer requests that the device be deactivated

where it reasonably appears that the person will not provide information or otherwise

cooperate with the officer unless that request is respected; (b) when a person, other than an arrestee, is seeking emergency medical services for

themselves or another person and requests that the device be deactivated; (c) while the officer is participating in a discussion pertaining to criminal investigation

strategy and planning, provided that the discussion is not conducted in the immediate

presence of a civilian and further provided that the officer is not actively engaged

in the collection of physical evidence; or (d) when specifically authorized to do so by an assistant prosecutor or an assistant

or deputy attorney general for good and sufficient cause as determined by the assistant

prosecutor or assistant or deputy attorney general. (3) Unless the officer is actively engaged in investigating the commission of a criminal

offense, or is responding to an emergency or call for service, or reasonably believes

that he or she will be required to use constructive authority or force, the officer

shall not activate the video and audio recording functions of a body worn camera,

or shall deactivate a device that has been activated, while the officer: (a) is in a school or youth facility or on school or youth facility property under

circumstances where minor children would be in view of the device; (b) is in a patient care area of a healthcare facility, medical office, or substance use disorder treatment facility under circumstances where patients would be in view of the device;

or (c) is in a place of worship under circumstances where worshippers would be in view

of the device. (4) The officer shall not activate the video and audio recording functions of a body

worn camera, or shall deactivate a device that has been activated, if the officer

knows or reasonably believes that the recording would risk revealing the identity

of an individual as an undercover officer or confidential informant or otherwise would

pose a risk to the safety of an undercover officer or confidential informant, unless

such activation is expressly authorized by a supervisor, or unless the exigency of

the situation and danger posed to an officer require that the encounter or incident

be recorded, in which event the officer shall inform his or her supervisor that the

recording risks revealing the identity of an individual as an undercover officer or

confidential informant. (5) An officer shall not activate a body worn camera while in a courtroom during court

proceedings, unless the officer is responding to a call for service or is authorized

to use constructive force or authority. (6) If the body worn camera model selected by a law enforcement agency produces radio-frequency

interference while activated or while in standby mode, the device shall be deactivated

while in the area where an electronic alcohol breath testing device is being used,

or, as necessary, shall be removed from the area where such device is being used. Nothing herein shall be construed to preclude the use of a body worn camera to record

the behavior of a person arrested for driving while intoxicated other than while the

person is in the breath-testing area while the electronic breath testing device is

being operated. If this provision requires deactivation of a body worn camera, the officer shall

narrate the reasons for deactivation, and the device shall be re-activated when safe

and practicable to do so following the completion of the breath testing operation. d. A law enforcement officer who is wearing a body worn camera shall notify the subject

of the recording that the subject is being recorded by the body worn camera unless

it is unsafe or infeasible to provide such notification. Such notification shall be made as close to the inception of the encounter as is

reasonably possible. If the officer does not provide the required notification because it is unsafe or

infeasible to do so, the officer shall document the reasons for that decision in a

report or by narrating the reasons on the body worn camera recording, or both. The failure to verbally notify a person pursuant to this section shall not affect

the admissibility of any statement or evidence. e. Notwithstanding the requirements of subsection c. of this section: (1) prior to entering a private residence, a law enforcement officer shall notify

the occupant that the occupant is being recorded by the body worn camera and, if the

occupant requests the officer to discontinue use of the officer's body worn camera,

the officer shall immediately discontinue use of the body worn camera unless the officer

is actively engaged in investigating the commission of a criminal offense, or is responding

to an emergency, or reasonably believes that the officer will be required to use constructive

authority or force; (2) when interacting with an apparent crime victim, a law enforcement officer shall,

as soon as practicable, notify the apparent crime victim that he or she is being recorded

by the body worn camera and, if the apparent crime victim requests the officer to

discontinue use of the body worn camera, the officer shall immediately discontinue

use of the body worn camera; and (3) when interacting with a person seeking to anonymously report a crime or assist

in an ongoing law enforcement investigation, a law enforcement officer, if the person

requests that the officer discontinue use of the body worn camera, shall evaluate

the circumstances and, if appropriate, discontinue use of the body worn camera. f. A request to discontinue the use of a body worn camera made to a law enforcement

officer pursuant to subsection e. of this section and the response to the request

shall be recorded by the recording system prior to discontinuing use of the recording

system. g. A body worn camera shall not be used surreptitiously. h. A body worn camera shall not be used to gather intelligence information based on

First Amendment protected speech, associations, or religion, or to record activity

that is unrelated to a response to a call for service or a law enforcement or investigative

encounter between a law enforcement officer and a member of the public, provided that

nothing in this subsection shall be construed to prohibit activation of video and

audio recording functions of a body worn camera as authorized under this law and in

accordance with any applicable guidelines or directives promulgated by the Attorney

General. i. Every law enforcement agency shall promulgate and adhere to a policy, standing

operating procedure, directive, or order which meets the requirements of subsection

j. of this act and any applicable guideline or directive promulgated by the Attorney

General that specifies the period of time during which a body worn camera recording

shall be retained. j. A body worn camera recording shall be retained by the law enforcement agency that

employs the officer for a retention period consistent with the provisions of this

section, after which time the recording shall be permanently deleted. A body worn camera recording shall be retained for not less than 180 days from the

date it was recorded, which minimum time frame for retention shall be applicable to

all contracts for retention of body worn camera recordings executed by or on behalf

of a law enforcement agency on or after the effective date of this act, and shall

be subject to the following additional retention periods: (1) a body worn camera recording shall automatically be retained for not less than

three years if it captures images involving an encounter about which a complaint has

been registered by a subject of the body worn camera recording; (2) subject to any applicable retention periods established in paragraph (3) of this

subsection to the extent such retention period is longer, a body worn camera recording

shall be retained for not less than three years if voluntarily requested by: (a) the law enforcement officer whose body worn camera made the video recording, if

that officer reasonably asserts the recording has evidentiary or exculpatory value; (b) a law enforcement officer who is a subject of the body worn camera recording,

if that officer reasonably asserts the recording has evidentiary or exculpatory value; (c) any immediate supervisor of a law enforcement officer whose body worn camera made

the recording or who is a subject of the body worn camera recording, if that immediate

supervisor reasonably asserts the recording has evidentiary or exculpatory value; (d) any law enforcement officer, if the body worn camera recording is being retained

solely and exclusively for police training purposes; (e) any member of the public who is a subject of the body worn camera recording; (f) any parent or legal guardian of a minor who is a subject of the body worn camera

recording; or (g) a deceased subject's next of kin or legally authorized designee. (3) Notwithstanding the provisions of paragraph (1) or (2) of this subsection, a body

worn camera recording shall be subject to the following additional retention requirements: (a) when a body worn camera recording pertains to a criminal investigation or otherwise

records information that may be subject to discovery in a prosecution, the recording

shall be treated as evidence and shall be kept in accordance with the retention period

for evidence in a criminal prosecution; (b) when a body worn camera records an arrest that did not result in an ongoing prosecution,

or records the use of police force, the recording shall be kept until the expiration

of the statute of limitations for filing a civil complaint against the officer or

the employing law enforcement agency; (c) when a body worn camera records an incident that is the subject of an internal

affairs complaint, the recording shall be kept pending final resolution of the internal

affairs investigation and any resulting administrative action. k. To effectuate subparagraphs (e), (f), and (g) of paragraph (2) of subsection j.

of this section, the member of the public, parent or legal guardian, or next of kin

or designee shall be permitted to review the body worn camera recording in accordance

with the provisions of P.L.1963, c. 73 ( C.47:1A-1 et seq. ) to determine whether to request a three-year retention period. l . Notwithstanding that a criminal investigatory record does not constitute a government

record under section 1 of P.L.1995, c. 23 ( C.47:1A-1.1 ), only the following body worn camera recordings shall be exempt from public inspection: (1) body worn camera recordings not subject to a minimum three-year retention period

or additional retention requirements pursuant to subsection j. of this section; (2) body worn camera recordings subject to a minimum three-year retention period solely

and exclusively pursuant to paragraph (1) of subsection j. of this section if the

subject of the body worn camera recording making the complaint requests the body worn

camera recording not be made available to the public; (3) body worn camera recordings subject to a minimum three-year retention period solely

and exclusively pursuant to subparagraph (a), (b), (c), or (d) of paragraph (2) of

subsection j. of this section; and (4) body worn camera recordings subject to a minimum three-year retention period solely

and exclusively pursuant to subparagraph (e), (f), or (g) of paragraph (2) of subsection

j. of this section if a member, parent or legal guardian, or next of kin or designee

requests the body worn camera recording not be made available to the public. m. Any body worn camera recording retained beyond 180 days solely and exclusively

pursuant to subparagraph (d) of paragraph (2) of subsection j. of this section shall

not be admissible as evidence in any criminal or civil legal or administrative proceeding. n. (1) A law enforcement officer shall be permitted to review or receive an accounting

of a body worn camera recording prior to that officer creating any required substantive

initial report, providing a statement, or submitting to an interview regarding the

recorded event, except under the following circumstances: (a) the use of force by the officer where the officer knows or should know that the

use of force resulted in significant or serious bodily injury or death; (b) the discharge of a firearm or any other use of deadly force by the law enforcement

officer; (c) the death of a person while in law enforcement custody; (d) the death of a person during an encounter with a law enforcement officer; (e) an incident that that officer knows or has been advised is or will be the subject

of an internal affairs complaint relating to the officer's use of force, bias, or

dishonesty; or (f) an incident the officer knows or has been advised is or will be the subject of

a citizen complaint related to the officer's use of force, bias, or dishonesty. (2) In the event a law enforcement officer reviews or receives an accounting of a

body worn camera recording prior to the creation of any report, statement, or interview,

the law enforcement officer shall be required to acknowledge that prior review or

receipt either verbally or in writing within each such report, statement, or interview. (3) Nothing in this subsection shall be construed to require a law enforcement officer

to review a body worn camera recording prior to creating any required initial reports,

statements, and interviews regarding the recorded event, nor to prevent a law enforcement

officer from reviewing or receiving an accounting of such a body worn camera recording

subsequent to the creation of any required initial report, statement, or interview

regarding the recorded event. o . Body worn camera recordings shall not be divulged or used by any law enforcement

agency for any commercial or other non-law enforcement purpose. p. If a law enforcement agency authorizes a third party to act as its agent in maintaining

recordings from a body worn camera, the agent shall be prohibited from independently

accessing, viewing, or altering any recordings, except to delete recordings as required

by law or agency retention policies. q. If a law enforcement officer, employee, or agent fails to adhere to the recording

or retention requirements contained in this act, or intentionally interferes with

a body worn camera's ability to accurately capture audio or video recordings: (1) the officer, employee, or agent shall be subject to appropriate disciplinary action; (2) there shall be a rebuttable presumption that exculpatory evidence was destroyed

or not captured in favor of a criminal defendant who reasonably asserts that exculpatory

evidence was destroyed or not captured; and (3) there shall be a rebuttable presumption that evidence supporting the plaintiff's

claim was destroyed or not captured in favor of a civil plaintiff suing the government,

a law enforcement agency, or a law enforcement officer for damages based on police

misconduct if the plaintiff reasonably asserts that evidence supporting the plaintiff's

claim was destroyed or not captured. r. Any recordings from a body worn camera recorded in contravention of this or any

other applicable law shall be immediately destroyed and shall not be admissible as

evidence in any criminal, civil, or administrative proceeding. s. Nothing in this act shall be deemed to contravene any laws governing the maintenance

and destruction of evidence in a criminal investigation or prosecution.