(a) Policies.--A municipal law enforcement agency or sheriff that makes audio recordings or video recordings of communications under circumstances within paragraph (2) of the definition of "oral communication" in 18 Pa.C.S. § 5702 (relating to definitions) shall comply with the guidelines established under 18 Pa.C.S. § 5706(b)(4), (5) and (6) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices) and shall establish written policies, which shall be public, for the following:
(1) The training of law enforcement officers authorized to make audio recordings or video recordings.
(2) The time periods when an electronic, mechanical or other device shall be in operation to make audio recordings or video recordings.
(3) The proper use, maintenance and storage of the electronic, mechanical or other device to make audio recordings or video recordings, including equipment inspections and audits and procedures to address malfunctioning equipment.
(4) The information collected from audio recordings or video recordings, including the information's storage, accessibility and retrieval.
(5) Electronic records retention.
(6) The use of facial recognition software or programs.
(7) A statement that a violation of the agency's policy subjects the violator to the agency's disciplinary policy.
(8) Supervisory responsibilities.
(b) Pennsylvania Commission on Crime and Delinquency.--The Pennsylvania Commission on Crime and Delinquency is authorized to condition funding or a grant related to the implementation, use, maintenance or storage of body-worn cameras or recordings from body-worn cameras on the following:
(1) Requiring the grantee to have protocols, guidelines or written policies related to the implementation, use, maintenance or storage of body-worn cameras.
(2) Requiring that such protocols, guidelines or written policies are publicly accessible, including being retrievable on a municipal website.
(3) Ensuring that the protocols, guidelines or written policies substantially comply with applicable recommendations by the commission.
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