An Act To Require Law Enforcement Officers To Wear Body Cameras
Maine Legislature, Session 129, LD 0636
Committee: Criminal Justice and Public Safety
Sponsors: DESCHAMBAULT, PICKETT, CHIPMAN, CLAXTON, MOORE, DOORE, RISEMAN

Legislative Document
No. 636
S.P. 198
In Senate, February 7, 2019
An Act To Require Law Enforcement Officers To Wear Body 
Cameras
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Cosponsored by Representative PICKETT of Dixfield and
Senators: CHIPMAN of Cumberland, CLAXTON of Androscoggin, MOORE of Washington, 
Representatives: DOORE of Augusta, RISEMAN of Harrison.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA c. 411 is enacted to read:
CHAPTER 411
BODY-WORN CAMERAS
§3841.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Body-worn camera.  "Body-worn camera" means an electronic camera system 
for creating, generating, sending, receiving, storing, displaying and processing 
audiovisual recordings that may be worn about the person of a law enforcement officer.
2.  Community caretaking function.  "Community caretaking function" means a 
task undertaken by a law enforcement officer in which the officer is performing an 
articulable act unrelated to the investigation of a crime.  "Community caretaking 
function" includes, but is not limited to, participating in town halls or other community 
outreach, helping a child find the child's parents, providing death notifications, dealing 
with individuals asking for directions or other assistance and performing in-home or 
hospital well-being checks on persons who are sick, elderly or presumed missing.
3.  In uniform.  "In uniform," with respect to a law enforcement officer, means 
wearing any officially authorized uniform designated by a law enforcement agency or 
visibly wearing articles of clothing or other items indicating that the officer is an officer 
acting in the course of the officer's duties, including, but not limited to, a badge, tactical 
gear, a gun belt, a patch or other insignia.
4.  Law enforcement agency.  "Law enforcement agency" or "agency" has the same 
meaning as in section 3701, subsection 1.
5.  Law enforcement officer.  "Law enforcement officer" or "officer" has the same 
meaning as in section 3701, subsection 3.
6.  Law enforcement-related encounters or activities.  "Law enforcement-related 
encounters or activities" includes, but is not limited to, traffic stops, pedestrian stops, 
arrests, searches, interrogations, investigations, pursuits, crowd control, traffic control, 
interactions with individuals while on patrol that are not community caretaking functions 
or any other instance in which the officer is enforcing the laws of the municipality, 
county or state.  "Law enforcement-related encounters or activities" does not include:
A.  Activities occurring while the officer is completing paperwork alone or in the 
presence of another officer; or
B.  Community caretaking functions.
7.  Recording.  "Recording" means the process of capturing data or information 
stored on a recording medium for the retention and playback of recorded audio and video 
including, but not limited to, hard drive, cloud storage, solid state, digital or flash 
memory technology or any other electronic medium.
§3842.  Use of body-worn cameras required
Beginning January 1, 2021, a law enforcement agency shall ensure that each law 
enforcement officer in its employ is equipped with a body-worn camera and that such 
body-worn camera is in operation and creating a recording at all times the officer is in 
uniform and engaged in law enforcement-related encounters or activities.  No later than 
January 1, 2021, a law enforcement agency shall adopt policies and procedures relating to 
the use of body-worn cameras by officers in its employ and the maintenance and retention 
of data and recordings that are consistent with the policies and procedures developed by 
the Board of Trustees of the Maine Criminal Justice Academy pursuant to section 3843.
§3843.  Model policies and procedures on the use of body-worn cameras by law 
enforcement officers
No later than January 1, 2020, the Board of Trustees of the Maine Criminal Justice 
Academy in accordance with the requirements of this section shall develop and make 
available to law enforcement agencies model policies and procedures regarding the use of 
body-worn cameras by law enforcement officers as required under section 3842 and the 
maintenance and retention of data and recordings by law enforcement agencies.  The 
Board of Trustees of the Maine Criminal Justice Academy shall annually review and, if 
necessary, amend the model policies and procedures developed under this section.
SUMMARY
This bill requires that, beginning January 1, 2021, a law enforcement agency shall 
ensure that each law enforcement officer in its employ is equipped with a body-worn 
camera and that such body-worn camera is in operation and creating a recording at all 
times the officer is in uniform and engaged in law enforcement-related encounters or 
activities.  Use of body-worn cameras by law enforcement officers and the maintenance 
and retention of data and recordings must be consistent with model policies and 
procedures developed by the Board of Trustees of the Maine Criminal Justice Academy.