100A 95th Legislative Session 555
AMENDMENT 100A FOR THE INTRODUCED BILL
Introduced by: Senator Nesiba
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
An Act to establish a legislative study to study regulation of portable recording devices and related policies.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. There is hereby established a legislative study comprised of a total of sixteen members, with any vacancy on the study to be filled in the same manner as the original appointment, and including:
(1) Three members of the Senate, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;
(2) Three members of the House of Representatives, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;
(3) The attorney general;
(4) One member from the South Dakota Sheriff's Association;
(5) One member from the South Dakota Police Chiefs' Association;
(6) One member of tribal law enforcement;
(7) One member from the Unified Judicial System;
(8) One member of the American Civil Liberties Union of South Dakota;
(9) One member who is a representative of the South Dakota Broadcasters Association;
(10) One member who is a representative of the South Dakota Newspapers Association;
(11) One member who is a public defender; and
(12) One member who is an expert in data storage and retention.
Section 2. The legislative study established under section 1 of this Act shall study and evaluate:
(1) Use of portable recording systems;
(2) Storage and retention of data generated by portable recording systems, whether by an entity or third-party;
(3) Inspection and release of data generated by portable recording systems, whether by an entity or third-party;
(4) Use of portable recording systems in conjunction with other technologies, including facial recognition technology and redaction technology;
(5) Procedures for the preservation, use, inspection, and release of portable recording system data that:
(a) Documents the use of force by a law enforcement officer;
(b) Documents potential civil and criminal actions against a law enforcement officer;
(c) May result in disciplinary actions against a law enforcement officer; or
(d) May be used as evidence against a member of the public in a criminal or civil action; and
(6) Any cost or fee associated with the:
(a) Purchase, upkeep, and maintenance of portable recording systems;
(b) Storage of data; or
(c) Inspection or disclosure of data; and
(7) Any policy associated with the:
(a) Use of data for internal training purposes;
(b) Sharing of data with an entity who did not generate the data;
(c) Use of data by law enforcement officers for assistance in completing any reports, statements, or interviews;
(d) Upkeep, maintenance, and replacement of equipment to ensure continuity of use in the field and secure storage;
(e) Use of data for evidentiary purposes;
(f) Violations of any policies or laws regarding portable recording systems;
(8) Any technical specifications for:
(a) Portable recording systems; or
(b) Data retention, security, and storage;
(9) Any decision-making process or appeals process for the inspection, review, disclosure, or release of data; and
(10) State and local funding options for portable recording systems or data storage.
Section 3. The legislative study established under section 1 of this Act shall report to the Legislature and the Governor before the beginning of the Ninety-Sixth Legislative Session, including any draft legislation or policy recommendations.
Section 4. The legislative study established under section 1 of this Act shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.