Alabama 2023 Regular Session

Alabama House Bill HB289 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB289ENROLLED~~
	1	+	HB289INTRODUCED
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3		-	OQ6QMM-3
	3	+	OQ6QMM-1
4	4		By Representatives Givan, Moore (M), Morris, Rogers, Bracy,
5	5		Jones, Jackson, Clarke, Ensler, Boyd, Travis, Gray, Hollis,
6	6		McCampbell, Lawrence, Chestnut, Warren, Tillman, Plump,
7	7		Hassell, McClammy
8	8		RFD: Public Safety and Homeland Security
9	9		First Read: 11-Apr-23
10		-	2023 Regular Session
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18		-	8 ~~HB289 EnrolledHB289 Enrolled~~
	17	+	8 OQ6QMM-1 02/02/2023 CNB (L)bm 2023-275
19	18		Page 1
20		-	Enrolled, An Act,
	19	+	SYNOPSIS:
	20	+	This bill would provide for the circumstances
	21	+	and procedures to disclose or release recordings made
	22	+	by body-worn cameras or dashboard cameras used by law
	23	+	enforcement agencies.
	24	+	This bill would specify who may request
	25	+	disclosure or release of recordings and would provide
	26	+	the procedure for requesting disclosure or release of
	27	+	recordings.
	28	+	A BILL
	29	+	TO BE ENTITLED
	30	+	AN ACT
21	31		Relating to law enforcement agency recordings; to
22	32		provide for circumstances and procedures to disclose or
23	33		release recordings made by body-worn cameras or dashboard
24	34		cameras used by law enforcement agencies; and to provide who
25	35		may request disclosure or release and the procedure for
26	36		requesting disclosure or release of recordings.
27	37		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28	38		Section 1. As used in this act, the following terms
29	39		have the following meanings:
30	40		(1) BODY-WORN CAMERA. An operational video or digital
31		-	camera or other electronic device, including a microphone or
32		-	other mechanism to capture audio, affixed to the uniform or
33		-	person of law enforcement agency personnel and positioned in a
34		-	way that allows the camera or device to capture interactions
35		-	between law enforcement agency personnel and others.
36		-	(2) CUSTODIAL LAW ENFORCEMENT AGENCY. The law
37		-	enforcement agency that owns or leases or whose personnel
38		-	operates the equipment that created the recording at the time
39		-	the recording was made. If another law enforcement agency
40		-	takes over the investigation of the recorded incident, that
41		-	agency becomes the custodial law enforcement agency for the
42		-	purposes of this act.
43		-	(3) DASHBOARD CAMERA. A device or system installed or
44		-	used in a law enforcement agency vehicle that electronically
45		-	records images or audio of interactions between law
46		-	enforcement agency personnel and others. This term does not
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74		-	28 HB289 ~~EnrolledHB289 Enrolled~~
	68	+	28 HB289 INTRODUCEDHB289 INTRODUCED
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	70	+	camera or other electronic device, including a microphone or
	71	+	other mechanism to capture audio, affixed to the uniform or
	72	+	person of law enforcement agency personnel and positioned in a
	73	+	way that allows the camera or device to capture interactions
	74	+	between law enforcement agency personnel and others.
	75	+	(2) CUSTODIAL LAW ENFORCEMENT AGENCY. The law
	76	+	enforcement agency that owns or leases or whose personnel
	77	+	operates the equipment that created the recording at the time
	78	+	the recording was made.
	79	+	(3) DASHBOARD CAMERA. A device or system installed or
	80	+	used in a law enforcement agency vehicle that electronically
	81	+	records images or audio of interactions between law
	82	+	enforcement agency personnel and others. This term does not
76	83		include a body-worn camera.
77	84		(4) DISCLOSE or DISCLOSURE. To make a recording
78	85		available for viewing or listening at a time and location
79	86		chosen by the custodial law enforcement agency. This term does
80	87		not include the release of a recording.
81	88		(5) PERSONAL REPRESENTATIVE. A parent, court-appointed
82	89		guardian, spouse, or attorney of an individual whose image or
83		-	voice is ~~the subject of~~ the recording. If an individual whose
84		-	~~image or~~ voice is ~~the subject of~~ the recording is deceased,
85		-	~~the term also means the~~ personal representative of the estate
86		-	~~of the deceased~~ individual; the deceased individual's
87		-	~~surviving spouse,~~ parent, or adult child; the deceased
88		-	~~individual's attorney; or~~ the parent or guardian of a
89		-	~~surviving minor child of the~~ deceased.
	90	+	voice is in the recording. If an individual whose image or
	91	+	voice is in the recording is deceased, the term also means the
	92	+	personal representative of the estate of the deceased
	93	+	individual; the deceased individual's surviving spouse,
	94	+	parent, or adult child; the deceased individual's attorney; or
	95	+	the parent or guardian of a surviving minor child of the
	96	+	deceased.
90	97		(6) RECORDING. A visual, audio, or visual and audio
91		-	recording captured by a body-worn camera, a dashboard camera,
92		-	or any other video or audio recording device operated by or on
93		-	behalf of a law enforcement agency or law enforcement agency
94		-	personnel when carrying out law enforcement responsibilities.
95		-	This term does not include any video or audio recordings of
96		-	interviews regarding agency internal investigations or
97		-	interviews or interrogations of suspects or witnesses.
98		-	(7) RELEASE. To provide a copy of a recording.
99		-	Section 2. Recordings are not personnel records of any
100		-	individual employed as a law enforcement officer by a
101		-	municipality, sheriff's department, or any agency of the
102		-	state.
103		-	Section 3. (a) Recordings in the custody of a law
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131		-	56 HB289 ~~EnrolledHB289 Enrolled~~
	125	+	56 HB289 INTRODUCEDHB289 INTRODUCED
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133		-	enforcement agency shall be disclosed to an individual or
134		-	personal representative only as provided by this act. This act
135		-	does not apply to the exchange of recordings between law
136		-	enforcement or prosecuting agencies. An individual requesting
137		-	disclosure of a recording must make a written request to the
138		-	head of the custodial law enforcement agency that states the
139		-	date and approximate time of the activity captured in the
140		-	recording or otherwise identifies the activity with reasonable
141		-	particularity sufficient to identify the recording to which
142		-	the request refers.
	127	+	recording captured by a body-worn camera, a dashboard camera,
	128	+	or any other video or audio recording device operated by or on
	129	+	behalf of a law enforcement agency or law enforcement agency
	130	+	personnel when carrying out law enforcement responsibilities.
	131	+	This term does not include any video or audio recordings of
	132	+	interviews regarding agency internal investigations or
	133	+	interviews or interrogations of suspects or witnesses.
	134	+	(7) RELEASE. To provide a copy of a recording.
	135	+	Section 2. Recordings are not personnel records of any
	136	+	individual employed as a law enforcement officer by a
	137	+	municipality, sheriff's department, or any agency of the
	138	+	state.
	139	+	Section 3. (a) Recordings in the custody of a law
	140	+	enforcement agency shall be disclosed only as provided by this
	141	+	act. An individual requesting disclosure of a recording must
	142	+	make a written request to the head of the custodial law
	143	+	enforcement agency that states the date and approximate time
	144	+	of the activity captured in the recording or otherwise
	145	+	identifies the activity with reasonable particularity
	146	+	sufficient to identify the recording to which the request
	147	+	refers.
143	148		(b) Nothing in this act shall limit or restrict the
144	149		application of the Alabama Rules of Civil Procedure as they
145	150		may be applied to the custodial law enforcement agency,
146	151		including, but not limited to Rule 45, nor Chapter 21 of Title
147	152		12, Code of Alabama 1975.
148	153		(c) A custodial law enforcement agency may only
149	154		disclose a recording to the following:
150		-	(1) An individual whose image or voice is the subject
151		-	of the recording.
152		-	(2) A personal representative of an adult individual
153		-	whose image or voice is the subject of the recording if the
154		-	adult individual has consented to the disclosure.
155		-	(3) A personal representative of a minor whose image or
156		-	voice is the subject of the recording.
157		-	(4) A personal representative of an adult individual
158		-	under lawful guardianship whose image or voice is the subject
159		-	of the recording.
160		-	(5) A personal representative of an adult individual
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188		-	84 HB289 ~~EnrolledHB289 Enrolled~~
	182	+	84 HB289 INTRODUCEDHB289 INTRODUCED
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	184	+	(1) An individual whose image or voice is in the
	185	+	recording.
	186	+	(2) A personal representative of an adult individual
	187	+	whose image or voice is in the recording if the adult
	188	+	individual has consented to the disclosure.
	189	+	(3) A personal representative of a minor whose image or
	190	+	voice is in the recording.
	191	+	(4) A personal representative of an adult individual
	192	+	under lawful guardianship whose image or voice is in the
	193	+	recording.
	194	+	(5) A personal representative of an adult individual
190	195		who is incapacitated and unable to provide consent to
191		-	disclosure whose image or voice is the subject of the
192		-	recording.
	196	+	disclosure whose image or voice is in the recording.
193	197		(6) A personal representative of a deceased individual
194		-	whose image or voice is ~~the subject of~~ the recording.
	198	+	whose image or voice is in the recording.
195	199		(d) When disclosing a recording, the custodial law
196	200		enforcement agency shall disclose only those portions of the
197	201		recording that are relevant to the individual's request.
198	202		(e) An individual who receives disclosure pursuant to
199	203		this section shall not record or copy the recording.
200		-	Section 4. ~~(a)~~ Upon receipt of the written request for
	204	+	Section 4. Upon receipt of the written request for
201	205		disclosure, as promptly as possible, the custodial law
202	206		enforcement agency must do either of the following:
203	207		(1) Disclose the portion of the recording relevant to
204	208		the individual's request.
205	209		(2) Notify the requestor of the custodial law
206	210		enforcement agency's decision not to disclose the recording. A
207	211		custodial law enforcement agency may choose to not disclose
208		-	the recording if the disclosure would affect an ongoing active
209		-	law enforcement investigation or prosecution.
210		-	(b) A custodial law enforcement agency may charge a
211		-	reasonable fee for redaction and editing of a recording.
212		-	Section 5. Any recording subject to this act shall be
213		-	retained for at least the period of time required by the
214		-	applicable records retention and disposition schedule.
215		-	Section 6. This act shall become effective on the first
216		-	day of the third month following its passage and approval by
217		-	the Governor, or its otherwise becoming law.
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245		-	112 HB289 ~~EnrolledHB289 Enrolled~~
	239	+	112 HB289 INTRODUCEDHB289 INTRODUCED
246	240		Page 5
247		-	________________________________________________
248		-	Speaker of the House of Representatives
249		-	________________________________________________
250		-	President and Presiding Officer of the Senate
251		-	House of Representatives
252		-	I hereby certify that the within Act originated in and
253		-	was passed by the House 24-May-23,as amended.
254		-	John Treadwell
255		-	Clerk
256		-	Senate 01-Jun-23 Passed
	241	+	the recording if the disclosure would negatively affect an
	242	+	ongoing active law enforcement investigation.
	243	+	Section 5. Any recording subject to this act shall be
	244	+	retained for at least the period of time required by the
	245	+	applicable records retention and disposition schedule
	246	+	developed by the Alabama State Law Enforcement Agency.
	247	+	Section 6. This act shall become effective on the first
	248	+	day of the third month following its passage and approval by
	249	+	the Governor, or its otherwise becoming law.
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