Photo by Photo by Chris Wieland

Photo by Photo by Chris Wieland

In a hearing today, the D.C. Council passed a bill allowing District residents to view most footage recorded by MPD officers’ body-worn cameras in public spaces, including assaults.

The “Body-Worn Camera Program Amendment Act of 2015” allows anyone who is the subject of a video, and those alleging officer misconduct, to view footage pertaining to their cases. In addition, the mayor can release “otherwise undisclosed” footage of officer-involved shootings, use of force by an officer, and assaults that put officers in the hospital.

The bill also restricts access to video taken in a private residence or anything involving domestic violence, sexual assault, or stalking. Plus, it includes measures to properly train officers to use body-worn cameras, and safeguards footage against police tampering.

The bill was passed despite a debate over police officers’ rights to view body-worn camera footage before writing their initial reports.

Councilmembers Jack Evans and Mary Cheh put forth an amendment to allow MPD officers to view all relevant body-worn camera recordings before writing initial reports unless incidents involve police shootings.

At the time, Councilmembers Evans and Cheh said that D.C. Police Chief Cathy Lanier was on board with the language.

Councilmember Kenyan McDuffie, who authored the original bill, argued that since its goal is to enhance police and community relations and ensure police accountability and transparency, therefore, officers should write reports relying on their initial perspectives of what occurred and “not use the camera to augment what happened.”

In agreement, Councilmember Elissa Silverman said the police report is designed to tell what an officer saw based on their recollection, and although “recollections and memories are imperfect,” that is what the report should capture.

Councilmembers Charles Allen, David Grosso, and Brianne Nadeau also opposed the amendment.

The remaining six councilmembers agreed with Councilmembers Evans and Cheh.

Councilmember Alexander argued that allowing officers to view footage first “guarantees even more accuracy,” and it’s not about catching officers in “a got ya’ moment.”

After further discussion, the amendment passed 8-5.

In the last minutes of the hearing though, Councilmember McDuffie made a plea that the Council reconsider the amendment. He proposed that officers could review body-worn camera footage for initial reports except in the case of deadly force, serious physical injury, or defined in MPD general order as use of force.

Councilmember Evans retorted, saying that Police Chief Cathy Lanier did not agree with this language, although McDuffie said he confirmed with her via phone three minutes earlier and Councilmember Orange also sent her the language via text.

As to not complicate the issue, McDuffie said he withdrew, and the bill was passed.

Earlier this year, McDuffie’s biggest opponent to the bill was Mayor Muriel Bowser who didn’t want the public to see any video taken by police body-worn cameras. She later had a change of heart, announcing a plan that would release more police footage than any other jurisdiction in the country.

Today’s vote was the last of two for the bill. The first was made earlier this month.

In a statement released after the bill was passed, Councilmember McDuffie said that after nine months of “extensive public and stakeholder engagement,” he is pleased with the end result “that would make D.C.’s body-worn camera program one of the most expansive in the country.”

Currently, MPD has 400 body cameras in two police districts. As part of Bowser’s Safer, Stronger D.C. legislation, the city would purchase and employ 2,800 body cameras this coming year. The cameras are about a $5 million investment.

Filed Under: body cameras, d.c. police, mcduffie, police, police body worn cameras,