HB289ENROLLED
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OQ6QMM-3
By Representatives Givan, Moore (M), Morris, Rogers, Bracy,
Jones, Jackson, Clarke, Ensler, Boyd, Travis, Gray, Hollis,
McCampbell, Lawrence, Chestnut, Warren, Tillman, Plump,
Hassell, McClammy
RFD: Public Safety and Homeland Security
First Read: 11-Apr-23
2023 Regular Session
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Enrolled, An Act,
Relating to law enforcement agency recordings; to
provide for circumstances and procedures to disclose or
release recordings made by body-worn cameras or dashboard
cameras used by law enforcement agencies; and to provide who
may request disclosure or release and the procedure for
requesting disclosure or release of recordings.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. As used in this act, the following terms
have the following meanings:
(1) BODY-WORN CAMERA. An operational video or digital
camera or other electronic device, including a microphone or
other mechanism to capture audio, affixed to the uniform or
person of law enforcement agency personnel and positioned in a
way that allows the camera or device to capture interactions
between law enforcement agency personnel and others.
(2) CUSTODIAL LAW ENFORCEMENT AGENCY. The law
enforcement agency that owns or leases or whose personnel
operates the equipment that created the recording at the time
the recording was made. If another law enforcement agency
takes over the investigation of the recorded incident, that
agency becomes the custodial law enforcement agency for the
purposes of this act.
(3) DASHBOARD CAMERA. A device or system installed or
used in a law enforcement agency vehicle that electronically
records images or audio of interactions between law
enforcement agency personnel and others. This term does not
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include a body-worn camera.
(4) DISCLOSE or DISCLOSURE. To make a recording
available for viewing or listening at a time and location
chosen by the custodial law enforcement agency. This term does
not include the release of a recording.
(5) PERSONAL REPRESENTATIVE. A parent, court-appointed
guardian, spouse, or attorney of an individual whose image or
voice is the subject of the recording. If an individual whose
image or voice is the subject of the recording is deceased,
the term also means the personal representative of the estate
of the deceased individual; the deceased individual's
surviving spouse, parent, or adult child; the deceased
individual's attorney; or the parent or guardian of a
surviving minor child of the deceased.
(6) RECORDING. A visual, audio, or visual and audio
recording captured by a body-worn camera, a dashboard camera,
or any other video or audio recording device operated by or on
behalf of a law enforcement agency or law enforcement agency
personnel when carrying out law enforcement responsibilities.
This term does not include any video or audio recordings of
interviews regarding agency internal investigations or
interviews or interrogations of suspects or witnesses.
(7) RELEASE. To provide a copy of a recording.
Section 2. Recordings are not personnel records of any
individual employed as a law enforcement officer by a
municipality, sheriff's department, or any agency of the
state.
Section 3. (a) Recordings in the custody of a law
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enforcement agency shall be disclosed to an individual or
personal representative only as provided by this act. This act
does not apply to the exchange of recordings between law
enforcement or prosecuting agencies. An individual requesting
disclosure of a recording must make a written request to the
head of the custodial law enforcement agency that states the
date and approximate time of the activity captured in the
recording or otherwise identifies the activity with reasonable
particularity sufficient to identify the recording to which
the request refers.
(b) Nothing in this act shall limit or restrict the
application of the Alabama Rules of Civil Procedure as they
may be applied to the custodial law enforcement agency,
including, but not limited to Rule 45, nor Chapter 21 of Title
12, Code of Alabama 1975.
(c) A custodial law enforcement agency may only
disclose a recording to the following:
(1) An individual whose image or voice is the subject
of the recording.
(2) A personal representative of an adult individual
whose image or voice is the subject of the recording if the
adult individual has consented to the disclosure.
(3) A personal representative of a minor whose image or
voice is the subject of the recording.
(4) A personal representative of an adult individual
under lawful guardianship whose image or voice is the subject
of the recording.
(5) A personal representative of an adult individual
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who is incapacitated and unable to provide consent to
disclosure whose image or voice is the subject of the
recording.
(6) A personal representative of a deceased individual
whose image or voice is the subject of the recording.
(d) When disclosing a recording, the custodial law
enforcement agency shall disclose only those portions of the
recording that are relevant to the individual's request.
(e) An individual who receives disclosure pursuant to
this section shall not record or copy the recording.
Section 4. (a) Upon receipt of the written request for
disclosure, as promptly as possible, the custodial law
enforcement agency must do either of the following:
(1) Disclose the portion of the recording relevant to
the individual's request.
(2) Notify the requestor of the custodial law
enforcement agency's decision not to disclose the recording. A
custodial law enforcement agency may choose to not disclose
the recording if the disclosure would affect an ongoing active
law enforcement investigation or prosecution.
(b) A custodial law enforcement agency may charge a
reasonable fee for redaction and editing of a recording.
Section 5. Any recording subject to this act shall be
retained for at least the period of time required by the
applicable records retention and disposition schedule.
Section 6. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 24-May-23,as amended.
John Treadwell
Clerk
Senate 01-Jun-23 Passed
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