§ 5–116.33. Body-Worn Camera Program; reporting requirements; access.

(a) By October 1, 2015, and every 6 months thereafter, the Mayor shall collect, and make available in a publicly accessible format, data on the Metropolitan Police Department’s Body-Worn Camera Program, including:

(1) How many hours of body-worn camera recordings were collected;

(2) How many times body-worn cameras failed while officers were on shift and the reasons for the failures;

(3) How many times internal investigations were opened for a failure to turn on body-worn cameras during interactions, and the results of those internal investigations, including any discipline imposed;

(4) How many times body-worn camera recordings were used by the Metropolitan Police Department in internal affairs investigations;

(5) How many times body-worn camera recordings were used by the Metropolitan Police Department to investigate complaints made by an individual or group;

(6) How many body-worn cameras are assigned to each police district and police unit for the reporting period;

(7) How many Freedom of Information Act requests the Metropolitan Police Department ("Department") received for body-worn camera recordings during the reporting period, the outcome of each request, including any reasons for denial, any costs invoiced to the requestor, the cost to the Department for complying with each request, including redaction, and the length of time between the initial request and the Department's final response; and

(8) How many recordings were assigned to each body-worn camera recording category.

(b) The Metropolitan Police Department shall provide the Office of Police Complaints with direct access to body-worn camera recordings.

(1) Within 5 business days after a request from the Chairperson of the Council Committee with jurisdiction over the Metropolitan Police Department ("Chairperson"), the Metropolitan Police Department shall provide unredacted copies of the requested body-worn camera recordings to the Chairperson and the Councilmember elected by the Ward in which the incident occurred. Such body-worn camera recordings shall not be publicly disclosed by the Chairperson or the Council; and

(2) The Mayor:

(A) Shall, except as provided in paragraph (3) of this subsection:

(i) Within 5 business days after an officer-involved death or the serious use of force, publicly release:

(I) The names and body-worn camera recordings of all officers directly involved in the officer-involved death or serious use of force; and

(II) A description of the incident; and

(ii) Maintain, on the website of the Metropolitan Police Department in a format readily accessible and searchable by the public, the names and body-worn camera recordings of all officers who were directly involved in an officer-involved death since the Body-Worn Camera Program was launched on October 1, 2014; and

(B) May, on a case-by-case basis in matters of significant public interest and after consultation with the Chief of Police, the Office of the Attorney General, and the United States Attorney's Office for the District of Columbia, publicly release any other body-worn camera recordings that may not otherwise be releasable pursuant to a FOIA request or subparagraph (A) of this paragraph.

(3)(A) The Mayor shall not release a body-worn camera recording pursuant to paragraph (1)(A) of this subsection if the following persons inform the Mayor, orally or in writing, that they do not consent to its release:

(i) For a body-worn camera recording of an officer-involved death, the decedent's next of kin; and

(ii) For a body-worn camera recording of a serious use of force, the individual against whom the serious use of force was used, or if the individual is a minor or unable to consent, the individual's next of kin.

(B)(i) In the event of a disagreement between the persons who must consent to the release of a body-worn camera recording pursuant to subparagraph (A) of this paragraph, the Mayor shall seek a resolution in the Superior Court of the District of Columbia.

(ii) The Superior Court of the District of Columbia shall order the release of the body-worn camera recording if it finds that the release is in the interest of justice.

(d) Before publicly releasing a body-worn camera recording of an officer-involved death, the Metropolitan Police Department shall:

(1) Consult with an organization with expertise in trauma and grief on best practices for providing the decedent's next of kin with a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting prior to its release; and

(2) In a manner that is informed by the consultation described in paragraph (1) of this subsection:

(A) Provide actual notice to the decedent's next of kin at least 24 hours before the release, including the date on and the manner in which it will be released;

(B) Offer the decedent's next of kin a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting; and

(C) If the next of kin accepts the offer in subparagraph (B) of this paragraph, provide the decedent's next of kin a reasonable opportunity to view the body-worn camera recording privately in a non-law enforcement setting.

(e)(1) For any incident involving an officer-involved death or serious use of force, officers shall not review any body-worn camera recordings to assist in initial report writing.

(2) For an incident other than those described in paragraph (1) of this subsection, officers shall indicate, when writing any initial or subsequent reports, whether the officer viewed body-worn camera footage prior to writing the report and specify what body-worn camera footage the officer viewed.

(f) When releasing body-worn camera recordings, the likenesses of any local, county, state, or federal government law enforcement officers acting in their professional capacities, other than those acting undercover, shall not be redacted or otherwise obscured.

(g) For the purposes of this section, the term:

(1) "FOIA" means subchapter II of Chapter 5 of Title 2.

(2) "Next of kin" means the priority for next of kin as provided in Metropolitan Police Department General Order 401.08, or its successor directives.

(2A) "Serious bodily injury" means extreme physical pain, illness, or impairment of physical condition including physical injury that involves a substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member or organ, or protracted loss of consciousness.

(3) "Serious use of force" means any:

(A) Firearm discharges by a Metropolitan Police Department officer, with the exception of a negligent discharge that does not otherwise put members of the public at risk of injury or death, or a range or training incident;

(B) Head strikes by a Metropolitan Police Department officer with an impact weapon;

(i) Resulting in serious bodily injury;

(ii) Resulting in a protracted loss of consciousness, or that create a substantial risk of death, serious disfigurement, disability or impairment of the functioning of any body part or organ;

(iii) Involving the use of a prohibited technique, as that term is defined in § 5-125.02(6); and

(iv) Resulting in a death; and

(D) Incidents in which a Metropolitan Police Department canine bites a person.