100A

On the Introduced bill, delete everything after the enacting clause and insert:

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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.

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