HB 741 – SB 1174 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly February 23, 2025 Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564 HB 741 – SB 1174 SUMMARY OF BILL: Establishes that only law enforcement officers with the authority to conduct searches and make arrests are permitted to wear a body camera. Requires a law enforcement agency (LEA) that uses body cameras to adopt a written policy regarding the use of such cameras by its law enforcement officers. Requires each policy to include, at a minimum, guidelines on the use of body cameras by officers to ensure that cameras are worn in a location and manner that maximizes the footage captured, standards for when an officer must enable and disable recording functions, and requirements for officers to notify the subjects of the recording that they are being recorded as soon as reasonably possible. Establishes other requirements and exceptions for the use of body cameras under various circumstances. Requires all LEAs to also adopt a written policy for the retention of the data by the agency. Requires all recordings to be automatically retained for six months from the date of recording and then permanently deleted. Requires recordings to be automatically retained for three years if they involve any use of force, events leading up to or constituting a felony offense, or if voluntarily requested by certain parties for various reasons within six months following the recording. Requires LEAs to provide all officers with a copy of each written policy and training regarding the use of body cameras and access to recordings. Establishes a procedure for LEAs to take disciplinary action against employees who fail to adhere to the specified requirements, and requires each LEA to adopt a written policy regarding such disciplinary action and procedures. FISCAL IMPACT: LOCAL GOVERNMENT EXPENDITURES Mandatory FY25-26 $4,675,000 FY26-27 & Subsequent Years $9,350,000 Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. Assumptions: • The precise number of LEAs that currently utilize body cameras is not known. • There is estimated to be a total of 311 county and municipal LEAs within the state. Based on information provided by the Tennessee Sheriffs Association (TSA) and the Tennessee Association of Chiefs of Police (TACP), it is estimated that approximately 60 percent, or 187 agencies (311 x 60%), currently use body cameras. HB 741 – SB 1174 2 • The proposed legislation requires all body camera recordings to be retained for a minimum of six months, and in many cases, three years before being permanently deleted. • Based on information provided by the TSA and TACP, recordings are currently retained until a prosecutorial decision is made by the District Attorney General. If the LEA decides that the recording is unnecessary and no charges are brought pertaining to the actions captured in the recording, it is typically deleted. Otherwise, the recording is stored until the statute of limitations for civil lawsuits has passed, or for 13 months. • LEAs that elect to use body cameras enter contracts with vendors that supply the related materials and software. Based on information provided by the TSA and TACP, one relevant vendor estimated that the increased data storage and management would increase expenditures by $100,000 annually under the current contract provisions. • An exact cost estimate for each LEA cannot be reasonably determined due to differences in the vendors used and the nature of the contracts with such vendors. This analysis assumes that the average cost for an LEA to acquire the necessary data management capabilities required by the legislation will be approximately $100,000 per impacted agency. • It is assumed that some agencies may already be in substantive compliance with storage requirements of this legislation and would not incur significant increases in storage costs. The share of such LEAs is unknown but assumed to be 50 percent. • Therefore, it is assumed that the recurring mandatory increase in local expenditures related to data storage will exceed $9,350,000 (187 LEAs x 50% x $100,000 data storage and management) in FY25-26 and subsequent years. It is further assumed that the first-year (FY25-26) impact will be equal to 50 percent of the full-year impact, or $4,675,000 ($9,350,000 x 50%). • It is reasonably assumed that all LEAs that elect to use body cameras have established a written policy prior to the use of such cameras. • However, LEAs will be required to update their current written policies in order to comply with the minimum guidelines specified by the proposed legislation. LEAs will also be required to provide officers with training in accordance with the new policy requirements. In some cases, additional IT and legal staff or other personnel may be required to help manage the processing and storage of the footage, and respond to legal proceedings and records requests. • It is assumed such requirements will not result in a significant increase in local expenditures to most agencies that utilize body cameras. • Based on information provided by the Tennessee Bureau of Investigations and the Department of Safety, it is assumed that state agencies can comply with the legislation’s requirements within existing resources. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director