3902.1 The Department shall make unredacted BWC recordings available to the United States Attorney's Office for the District of Columbia, the Office of the Attorney General, and the Office of Police Complaints.

3902.2 The Department shall make BWC recordings available to law enforcement or investigatory agencies, such as the Office of the Inspector General and the Office of the District of Columbia Auditor, pursuant to the officers' or agencies' official duties. Nothing in this subsection shall be construed to limit those entities' authority under existing law. The cost of any required redactions shall be borne by the Department.

3902.3 A FOIA request for a BWC recording shall only be submitted to the Department.

3902.4 Notwithstanding any other law, within 5 business days after a request from the Chairperson of the Council Committee with jurisdiction over the Department ("Chairperson"), the Department shall provide unredacted copies of the requested BWC recordings to the Chairperson. Such BWC recordings shall not be publicly disclosed by the Chairperson or the Council; except, that the Councilmember representing the Ward in which the incident occurred may jointly view the recordings.

3902.5 (a) Pursuant to policy directives adopted under the authority of § 3900.3, the Department shall schedule a time for the following individuals to view a BWC recording:

(1) Any subject of the BWC recording;

(2) The subject's legal representative;

(3) If the subject is a minor, the subject's parent or legal guardian; and

(4) If the subject is deceased, the subject's parent, legal guardian, next of kin, and their respective legal representatives.

(b) Notwithstanding paragraph (a) of this subsection:

(1) None of the individuals listed in paragraph (a) of this subsection may make a copy of the BWC recording; and

(2) The Department may not schedule a time to view the BWC recording if access to the unredacted BWC recording would violate a recognized privacy right of another subject.

3902.6 An individual seeking to obtain a copy of a BWC recording not covered by § 3902.5 may submit a FOIA request to the Department for a copy of the BWC recording.

3902.7 The Department shall engage academic institutions and organizations to analyze the BWC Program; provided, that any such relationships shall require the protection of any information or unredacted BWC recordings.

3902.8 The Department shall, through a policy directive, develop procedures to implement this section and District law.

3902.9 When releasing body-worn camera recordings, the likenesses of any local, county, state, or federal government employees acting in their professional capacities, other than those acting undercover, shall not be redacted or otherwise obscured.

SOURCE: Body-Worn Camera Program Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0083; 63 DCR 774 (January 22, 2016)); as amended by the Comprehensive Policing and Justice Reform Amendment Act of 2021, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 000953 (January 27, 2023)).