HB10INTRODUCED
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HB10
QVRU155-1
By Representative Givan
RFD: Public Safety and Homeland Security
First Read: 04-Feb-25
PFD: 08-Jul-24
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6 QVRU155-1 05/22/2024 CNB (L)bm 2024-1867
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PFD: 08-Jul-24
SYNOPSIS:
Under existing law, a recording made by a
body-worn camera or dashboard camera used by law
enforcement agencies may only be disclosed to an
individual or personal representative of an individual
whose image or voice is the subject of the recording.
Under existing law, a law enforcement agency may
choose not to disclose a recording if the disclosure
would affect an ongoing active law enforcement
investigation or prosecution.
This bill would provide that during an ongoing
active law enforcement investigation or prosecution,
the disclosure of the recording may not be delayed
unless the disclosure would substantially interfere
with the investigation or prosecution.
This bill would require the agency to
periodically reassess the withholding and notify the
requestor of the status of the disclosure, including
the specific basis for the withholding.
Under no circumstances may a disclosure be
delayed more than six months from the date of the
request.
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A BILL
TO BE ENTITLED
AN ACT
Relating to law enforcement agency recordings; to amend
Section 36-21-213, Code of Alabama 1975; to provide that
during an ongoing active law enforcement investigation or
prosecution, a law enforcement agency may only delay the
disclosure of a body-worn or dashboard recording under certain
circumstances and for a limited period of time.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 36-21-213, Code of Alabama 1975, is
amended to read as follows:
"ยง36-21-213
(a) Upon receipt of the written request for disclosure,
as promptly as possible, the custodial law enforcement agency
shall do either of the following:
(1) Disclose the portion of the recording relevant to
the individual's request.
(2)a. Notify the requestor of the custodial law
enforcement agency's decision not to disclose the recording
pursuant to the conditions in this paragraph . A custodial law
enforcement agency may choose to not disclose the During an
active investigation or prosecution, a recording if the
disclosure may only be delayed if the disclosure would affect
ansubstantially interfere with the ongoing active law
enforcement investigation or prosecution. If a custodial law
enforcement agency delays disclosure pursuant to this
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enforcement agency delays disclosure pursuant to this
subdivision, the agency shall provide in writing to the
requestor the specific basis for the agency's determination
that disclosure would substantially interfere with an ongoing
active law enforcement investigation or prosecution and the
estimated date for disclosure.
b. If at the end of 30 days, the agency determines that
disclosure would continue to substantially interfere with the
ongoing investigation or prosecution, the agency may continue
to delay the disclosure of the recording for a period not to
exceed a total of six months from the date of the request.
However, the agency must reassess the necessity of the delay
every 30 days and notify the requestor the basis for the
continued delay.
c. Under no circumstances may a disclosure be delayed
more than six months from the date of the request.
d. A recording withheld by the agency shall be
disclosed promptly when the specific basis for withholding is
resolved.
(b) A custodial law enforcement agency may charge a
reasonable fee for redaction and editing of a recording.
Section 2. This act shall become effective on October
1, 2025.
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