Michigan Laws 780.316 – Audio and video recording recorded by body-worn camera; retention by law enforcement agency; duration; presumption
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 780.316
- Body-worn camera: means a device that is worn by a law enforcement officer that electronically records audio and video of his or her activities. See Michigan Laws 780.312
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidentiary audio and video recording: means an audio and video recording of an incident or encounter recorded by a body-worn camera, including a crime, arrest, citation, search, use of force incident, or confrontational encounter with a citizen, that may be materially useful for investigative or prosecutorial purposes, including for a criminal and internal investigation. See Michigan Laws 780.312
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) Except as provided in subsections (2) and (3), a law enforcement agency shall retain an evidentiary audio and video recording recorded by a body-worn camera for not less than 30 days from the date the recording is made.
(2) A law enforcement agency shall retain audio and video recordings that are the subject of an ongoing criminal or internal investigation, or an ongoing criminal prosecution or civil action, until the completion of the ongoing investigation or legal proceeding.
(3) A law enforcement agency shall retain audio and video recorded by a body-worn camera for not less than 3 years after the date the recording is made if the recording is relevant to a formal complaint against a law enforcement officer or agency.
(4) If a complaint against a law enforcement officer or law enforcement agency is made after the expiration of the retention period described in subsection (1), (2), or (3) or a law enforcement agency is unable to produce an audio and video recording related to the complaint in any criminal prosecution or civil action as a result of a technical failure or human error, this act does not create a presumption that the audio and video recording would corroborate either the prosecution’s or the defendant‘s version of events in a criminal prosecution or the plaintiff‘s or the defendant’s version in a civil action.