DOVER – Delaware would become the latest state to implement a statewide body-worn camera mandate and uniform policy for the use of those devices under a measure lawmakers, advocates and law enforcement officers jointly announced Thursday.
Sponsored by Rep. Sherry Dorsey Walker, House Bill 195 would require law enforcement officers and certain employees of both the Department of Correction and Department of Services for Children, Youth & Their Families to wear a body-worn camera and to use it to record their interactions with members of the public. The bill also would instruct the Council on Police Training to create regulations and standards for the use of body-worn cameras by all law enforcement officers in Delaware.
“Body-worn cameras have the ability to be a game-changer in police-community relations. They greatly improve transparency and accountability while providing increased protection for both the police and the community. This is why in speaking with various police agencies, it is evident officers want body cameras as much as the public,” said Rep. Dorsey Walker, D-Wilmington. “This legislation is the result of a collaborative effort between the community, police, Department of Justice and lawmakers. I’m grateful to all of the entities for working together so that we can realize one of the Delaware Legislative Black Caucus’ Justice for All Agenda priorities and implement universal body camera usage throughout our state.”
Body-worn cameras provide increased accountability, transparency and community trust by preserving an accurate recording of a person’s interactions with law enforcement. Americans overwhelmingly support the use of body-worn cameras. A 2020 poll found that 88% of respondents said they supported body cameras.
“The Delaware Legislative Black Caucus made a commitment last summer to advance legislation that will help address the systemic racial injustice and police brutality that has impacted people of color in the First State for far too long,” said Senator Darius Brown, founding chair of the DLBC and Senate prime sponsor of HB 195. “Not only are we keeping that promise, we also have brought community advocates and police officers together to push for reforms that make Delaware safer for us all. As Dr. King once told us, the arc of the moral universe may be long, but it always bends toward justice. This bill is another step on that path and I look forward to seeing it passed in both chambers of the General Assembly.”
HB 195 instructs the Council on Police Training to create regulations and standards for body-worn camera use and present to the Attorney General by January 15, 2022. The bill would add the chairs of the House and Senate Public Safety Committees and two members of the public – appointed by the governor and not law enforcement officers or affiliated with law enforcement – to the council, and would require the council to hold at least two public meetings to solicit public input into the development of the regulations.
“Everyone agrees that body cameras improve transparency, trust, and accountability. That’s why one of my top priorities has been equipping every police officer in our state with a body-worn camera. And it’s why we spent the last year working with police and advocates to make this a reality,” said Attorney General Kathy Jennings. “It’s been no small task, but thanks to the work of people across our state — including advocates, police chiefs, prosecutors, and legislators who have championed this cause — Delaware is on track to implement statewide, universal body cameras. This is smart policy. It’s time to get it done.”
Under HB 195, state agencies would be required to implement the statewide body-worn camera program once through the procurement of cameras, development of a central data storage program, and hiring necessary personnel are completed, as funding is available. Governor John Carney’s proposed fiscal 2022 budget includes $3.6 million for development and deployment of body cameras: $1.6 million for additional police body cameras and an additional $2 million for data storage and personnel costs.
“This legislation is an important step to get body cameras for every police officer in the state,” said Governor Carney. “It’s been our goal to move forward productively – in good faith – to improve relationships between law enforcement and communities of color. There is much more work to be done, but this is progress. Thank you to Representative Dorsey Walker for introducing and working with law enforcement and community members on this important piece of legislation.”
Nearly half of Delaware’s 46 police agencies, including New Castle County, Newark and Milford police departments, use body cameras, with Wilmington and Dover police departments joining them soon. However, there is no universal, mandatory policy governing the use of body-worn cameras.
On behalf of the Delaware Police Chiefs Council, I want to thank Rep. Dorsey Walker, along with the other bill sponsors for their leadership and collaboration in drafting this critically important legislation. A statewide body-worn camera program and video evidence repository will make an immediate impact on enhancing accountability, increasing transparency and building community trust,” said University of Delaware Police Chief Patrick Ogden, chair of the Delaware Police Chiefs Council, which represents the various police departments throughout the state.
“In addition, they are an invaluable evidentiary tool in prosecuting criminal cases, as well as resolving internal affairs investigations and improving police performance, when utilized for supervisory review and training purposes. Every police chief in our state is committed to developing a uniform policy that is consistent with national standards and the best practices in our profession.”
Implementing body-worn cameras statewide is a tenet of the Delaware Legislative Black Caucus’ Justice for All Agenda, a multi-step plan unveiled in June 2020 in the wake of the murder of George Floyd and other prominent deaths involving Black Americans. The Law Enforcement Accountability Task Force, also a component of the Justice for All Agenda, last week unanimously recommended that the General Assembly pass such legislation regarding body cameras.
“Last summer, we heard the calls from our communities for change, and we listened. The Delaware Legislative Black Caucus promised we would take action, and while it might have taken some time, we have been able to put forth a plan that has taken input from law enforcement, advocates and legislators,” said Rep. Nnamdi Chukwuocha, D-Wilmington North, vice-chair of the Black Caucus. “By mandating body-worn cameras for police officers and requiring a universal policy governing their use, we will be taking an important step forward in keeping that promise. We have more work to do, but I am confident we will keep moving forward toward our goal of: Justice For All.”
The push to outfit law enforcement officers with body-worn cameras grew tremendously after George Floyd’s killing, with both police and advocates noting that generally, the devices are invaluable in showing what happened during an officer’s encounter with a member of the public.
According to the National Conference of State Legislatures, only seven states currently mandate the statewide use of body-worn cameras by law enforcement officers. Six of those states have enacted those policies since May 2020.
“Body-worn cameras are an important police accountability tool — but only when paired with laws and policies that make them effective. That must include parameters for when cameras are activated, privacy protections for victims and members of the public, and consequences for officers who fail to abide by the rules,” said ACLU Delaware’s Campaign for Smart Justice Manager Haneef Salaam. “I am glad to see that HB 195 will expand the Council on Police Training to include two members of the public that are not connected to law enforcement, and hold at least two public meetings to solicit public input into the development of the regulations. This is progress in bringing transparency and accountability to policing while ensuring that the community is a part of the process.”
HB 195 has been assigned to the House Public Safety & Homeland Security Committee, which will hold a hearing on the bill at 1 p.m. on Wednesday, May 12.
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