Law Enforcement Body-worn Camera Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 JUL -3 P4:29 SENATE REC S. No. 86 Introduced by Senator Raffy T. Tulfo AN ACT MANDATING LAW ENFORCEMENT OFFICERS TO USE A BODY-WORN CAMERA DURING LAW ENFORCEMENT OPERATIONS, PROVIDING PENALTIES FOR VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE It is written in the 1987 Constitution in Article II. Section 10. "The State shall promote social justice in all phases of national development."; and in Article III.

Section 2 "The right of the people to be secure in their persons, houses, papers, and

effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized." Law enforcement agencies in the Philippines have similar objectives which are: law enforcement, control and prevention of crime, maintain peace and order, and ensure public safety and security. In order to have a community that has good relations with law enforcers, there needs to be public trust built on transparency and accountability. Body-worn cameras play an important role in the transparency and legitimacy of the operations conducted by law enforcement agencies. It can also be advantageous for the citizens as it addresses the fear of the public in alarming reports of abuses committed by some law enforcers. Furthermore, the use of body-worn

cameras can speed up the resolution of crimes in the country by providing evidence of the circumstances surrounding the operation conducted. It strengthens accountability and establishes presumption of regularity in the conduct of operations. Allegations of abuse of power, human rights violations, falsification of evidence to name a few have plagued law enforcement agencies. In August 2017, 17-year-old Kian Delos Santos was killed in a police raid. Police claimed the teenager shot at them which prompted them to shoot back. Recovered from Kian were two sachets of suspected shabu and a caliber .45 gun. Fast forward to November 2018, the three policemen involved were found guilty of murder. Between those dates were a series of investigations proving the inconsistencies in the statements of the involved policemen with CCTV footage. Witnesses also came forward, saying that they saw the teenager begging for his life before getting shot by the policemen'. In August 2023, a 17-year-old Jehrod "Jemboy" Baltazar was killed because the police officer mistook him for the suspect. The police officer, however, did not turn on his body-worn camera during the operation despite the fact that there was a memorandum way back 2021 ordering all cops to use body-worn cameras during a search?. In order to restore public trust, actions towards transparency must be taken. One approach to address this predicament is through the use of body-worn cameras during law enforcement operations. This would not only ensure the deterrence of misconduct or abuse of law enforcement officers, it would also protect said officers from false accusations. This bill seeks to provide comprehensive policy on body-worn cameras of all law enforcement agencies, particularly but not limited to the Philippine National Police (PNP), the National Bureau of Investigation (NBl), and the Philippine Drug Enforcement Agency (PDEA) granting that it will not be used in situations such as gathering Intelligence information based on protected speeches, associations, or religion, to record activity that is unrelated to a response to a call or service or a law enforcement or investigative encounter between a law enforcement officer and the 1https://www.gmanetwork.com/news/specials/content/24/the-kian-delos-santos-case-a-timeline/ 2 https://www.philstar.com/headlines/2023/08/15/2288834/lawmakers-bat-mandatory-use-body- cams-after-killing-navotas-teen

• .. member of the public, and if it would pose a serious threat to national security, among others. In view of the foregoing, the immediate enactment of this proposed legislation is earnestly sought. Gener: uto per

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) 25 JUL -3 P4:29 First Regular Session SENATE S. No. 86 Introduced by Senator Raffy T. Tulfo IN AC MANDATING LAW ENFORCEMENT OFFICERS TO USE A BODY-WORN CAMERA DURING LAW ENFORCEMENT OPERATIONS, PROVIDING PENALTIES FOR VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines, in Congress assembled:

Section 1. Short Title. - This Act shall be known as "Law Enforcement Body-

worn Camera Act.

Sec. 2. Declaration of Policy. - It is the declared duty of the State to maintain

peace and order, protect life, liberty and property and promote the general welfare. Towards this end, the State shall continuously develop mechanisms to help improve law enforcement transparency and accountability through: a) Proper documentation of interactions between law enforcement officers and the public during law enforcement operations; b) Utilization of modern technology as a tool to deter incidents of abuse or misconduct by law enforcement officers during legitimate law enforcement operations, as well as safeguard these law enforcement officers' rights against false accusations; c) Formulation of means to reduce the cost and impact of crime in the community; and

d) Improvement in community relations between law enforcement officers and the public by maintaining policies that balance the rights of the public for privacy and the promotion of accountability during law enforcement operations.

Sec. 3. - Definition of Terms. - As used in this Act:

(a) Alternative Recording Device (ARD) refers to an electronic camera system which is not a body-worn camera, that is capable of creating, generating, sending, receiving, storing, displaying, and processing audio-visual recordings, and may be worn during law enforcement activities. To be used as a functional equivalent of body-worn camera as defined herein, it shall comply with the minimum requirements set forth by the law enforcement agencies in accordance with this Act: Provided, That the alternative recording device shall be capable of capturing with reasonable clarity the events that transpire during the law enforcement operation; (b) Body-worn Camera (BWC) refers to an electronic camera system designated to law enforcement units for creating, generating, sending, receiving, storing, displaying, and processing audio-visual recordings that shall be worn during law enforcement operation; (c) Data Custodian refers to a designated officer who has the responsibility of storing and safekeeping data recorded from body-worn cameras and other alternative recording device; (d) Law Enforcement Agency refers to the Philippine National Police, the National Bureau of Investigation, and the Philippine Drug Enforcement Agency; (e) Law Enforcement Officer means any person authorized by law to conduct law enforcement, special police operations, including but not limited to preventing, investigating apprehending, or detaining individuals suspected or convicted of offenses punishable under Philippine laws, and other similar police, and law enforcement operations; (t) Law Enforcement Operation refers to any legitimate operations to enforce laws, statues, executive orders, and ordinances including but not limited to the service of warrant of arrest, hot pursuit operations, enforcement of visitorial powers, anti-illegal drug operations, anti-cybercrime operations, anti-human trafficking operations, checkpoint operations; and

(g) Recording refers to digital material generated as a result of using body-worn cameras or alternative recording devices, which contains images and audio- video footages. It shall include the copies of the material created by way of copying to portable media storage and other data repositories.

Sec. 4. Mandatory Use of Body-worn Camera. - Law enforcement officers are

6 hereby mandated to wear and activate body-worn cameras to capture and record the 7 conduct of law enforcement operations: Provided, That in case of unavailability of 8 body-worn cameras, he law enforcement officers shall use alternative recording 9 devices subject to the requirements under this Act.

Sec. 5. Minimum Standards for Body-worn Camera. - Body-worn camera shall

meet the following minimum standard requirements: (a) Video resolution 720p (b) Frame rate : 30 frames per second (c) Audio Built-in (d) Date and Time stamping Built-in (e) GPS : Built-in : eight (8) hours continuous (f) Battery life (g) Storage capable of storing eight (8) hours continuous audio video footage (h) Low-light recording with a night mode built in, a low lux rating, and/or and infrared (IR) illuminator

Sec. 6. Guidelines for the Use of Body-worn Camera. - Law enforcement

officers mandated to wear body-worn camera under this Act shall ensure that: (a) Both video and audio recording functions of the BWs/ARDs shall be activated and shall commence recording: i. For Warrant of Arrest and Search Warrant Execution, when officers approach the target location or upon receiving instructions to proceed with the operation;

ii. For Warrantless Arrest or Search, at the time when officers have reasonable suspicion or probable cause to conduct such actions; ili. For Entrapment, Buy-Bust Operations, and other planned law enforcement operations, immediately upon arriving at the place of operations; iv. For Hot Pursuit Operations, as soon as officers are engaged in pursuit of suspects or vehicles involved in criminal activities, ensuring that recording captures the entire pursuit; and V. For Response to Calls or Services, upon dispatch of a law enforcement officer in response to a call or service request. (b) The Recording shall only be terminated: i. For Warrant of Arrest and Search Warrant Execution, when the law enforcement officers have completed the execution of the warrant, left the premises or area specified in the warrant, and endorsement of custody of the person arrested and the items seized to the authorized unit or agency; ii. For Warrantless Arrest or Search, upon conclusion of the warrantless arrest or search, including the transportation of suspects or evidence for custody to the authorized unit or agency; ili. For Entrapment Operation, Buy-Bust Operation, and other planned law enforcement operations, upon the conclusion of the buy-bust operation, encompassing the arrest of suspects, seizure of contraband, departure of law enforcement officers from the operation location, and the taking of the arrested persons and seized items for custody to the appropriate unit or agency; iv. For Hot Pursuit Operations, upon the conclusion of pursuit, either upon the apprehension and taking for custody of suspects or upon officers discontinuing the pursuit and the return of law enforcement officers to their respective units; and V. For Response to Calls or Services: Recording shall persist until the officers have resolved the situation or incident at the scene and have

left the premises, ensuring comprehensive documentation of the response. (c) Body-worn cameras shall be worn in a location and manner that maximizes the camera's ability to capture a video footage of the law enforcement officer's activities during the conduct of law enforcement operation; and (d) Body-worn camera shall record in full all the activities incidental to the conduct of the operation.

Sec. 7. Prohibition on the Use of Body-worn Cameras. - The use of body

camera shall not be allowed in the following instances: (a) It shall not be used to gather intelligence information based on protected speeches, associations, or religion, or to record activity that is unrelated to a response to a call or service or a law enforcement or investigative encounter between a law enforcement officer and the member of the public; (b) In locations where individuals have a reasonable expectation of privacy, unless the recording is being made pursuant to a valid arrest or search warrant of the individuals or location, or pursuant to a vaiid warrantless arrest and search in accordance with established rules; (c) During privileged communications between the subject of recordings and other individuals, such as attorneys, members of the clergy, peer support counselors, and medical professionals; (d) The recording would pose a serious threat to national security; and (e) To obtain data or information surreptitiously that is unrelated to the purpose of the law enforcement operation being conducted.

Sec. 8. Submission of Recording. - Any law enforcement officer tasked

to wear and activate BWs or ARDs shall submit to the data custodian of their law enforcement agency the recordings of their BWs or ARDs used in the law enforcement operation within forty-eight (48) hours from the termination of such law enforcement operation. Failure to submit the recordings within the period of time specified herein may subject the concerned law enforcement officer to administrative penalty.

Sec. 9. Custody and Period of Retention of the Recordings. - All

recordings from the body-worn camera or alternative recording devices used during the operation shall be stored in an external media storage device and shall be under the custody of the law enforcement agency that employs the officer whose camera captured the footage, or an authorized agent thereof, for thirty (30) days after the date it was endorsed to the data custodian of such law enforcement agency. In case there is an order from a judicial, administrative, or quasi-judicial body requesting for a copy of the footage, said footage shall be retained by the data custodian and will be permanently deleted only after the termination of the case.

Sec. 10. Use of Redaction Technology. - Whenever doing so is necessary

to protect an individual's personal data, the identity of a confidential source or crime victim, or the life or physical safety of any person appearing in video footage, redaction technology may be used to obscure the face and other personally identifying characteristics of that person, including the tone of the person's voice: Provided, That the redaction does not interfere with a viewer's ability to fully, completely, and accurately comprehend the events captured on the video footage: Provided, further, That when redaction is performed on video footage pursuant to this Section, an unedited, original version of the video footage shall be retained by the law enforcement agency: Provided, finally. That no other editing or alteration of video footage, including a reduction of the video footage's resolution, shall be permitted under this Act.

Sec. 11. Access and Disclosure of Recordings. - Subject to the provisions

of Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012", only persons duly authorized by the head of the concerned law enforcement agency may be allowed to access recordings under their custody. The head of law enforcement agency may, in its discretion, grant the use, viewing, copying, or disclosure of recording to upon request of the following individuals:

(a) Law enforcement officers, in connection with the subject of the operation or incidentai to the occurrence of their operation; (b) Any person who is a subject of the recording or his or her counsel: Provided, That in case of a minor, his or her parent, guardian or counsel may be authorized; (c) The spouse, next of kin, or legally authorized designee of a deceased subject of the recording, or his or her counsel; (d) Any parties in interest in connection with a pending criminal or civil proceeding to prevent a serious threat to the fair administration of justice; and (e) Any person duly authorized to determine administrative or criminal violation of a law enforcement officer during the course of law enforcement operation.

Sec. 12. Prohibited Acts. It shall be unlawful for any of the identified

persons to perform the following acts: (a) Failure to Observe the Requirements for Body-Worn Cameras. - Any law enforcement officer who fails to adhere with the requirements on the mandatory use of body-worn cameras, or as prescribed in Sections 4, 6, 7, 8, and 9 of this Act shall be subject to the following penalties: (1) first offense - punishable by suspension of one (1) month and one (1) day to six (6) months; (2) second offense - punishable by suspension of six (6) months and one (1) day to one (1) year plus demotion to the next lower position: Provided, That in case there is no such next lower position available, he or she shall suffer diminution in salary corresponding to the next lower salary grade; and (3) third offense - dismissal from the service; (b) Accessing Recording Due to Negligence. - Any person who, due to negligence, provides access to recordings without being authorized under this Act or any existing law shall be penalized by imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five Hundred Thousand Pesos (Php500,000.00) but not more than Two Million Pesos (Php2,000,000.00);

(c) Spoliation of recording. - Any person who will tamper with, alter, conceal, manipulate, falsify, or destroy a recording with the intent to interfere with an investigation shall be penalized by imprisonment ranging from six (6) months to two (2) years and a fine of not less than One Hundred Thousand Pesos (Php100,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00); and (d) Unauthorized Use of Recordings - Any use of the recording that are not in accordance with the objective of this Act shall be punishable with an imprisonment of not less than six (6) months but not exceeding six 6) years, or a fine not less than One Hundred Thousand Pesos (Php 100,000.00) but not more than One Million Pesos (Php 1,000,000.00) or both such fine and imprisonment at the discretion of the court.

Sec. 13. Appropriations. - The initial amount necessary for the implementation

of this Act shall be charged against the current fiscal year's appropriations of the law enforcement agency involved. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

Sec. 14. Implementing Rules and Regulations. - The Department of the Interior

and Local Government and the Department of Justice, in consultation with the PNP, NBI, PDEA, and other concerned government agency, shall within sixty (60) days from the effectivity of this Act, promulgate the rules and regulations to effectively implement the provisions of this Act.

Sec. 15. Separability Clause. - If any provision of this Act is held invalid or

unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.

Sec. 16. Repealing Clause. - All other laws, decrees, executive orders and rules

and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,