AL
Alabama Senate Bill SB24

Alabama 2025 Regular Session

Alabama Senate Bill SB24 Compare Versions

Only one version of the bill is available at this time.
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11 SB24INTRODUCED
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33 SB24
44 QTSP545-1
55 By Senator Coleman
66 RFD: Judiciary
77 First Read: 04-Feb-25
88 PFD: 19-Nov-24
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1414 6 QTSP545-1 10/30/2024 THR (L)THR 2024-2771
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1616 PFD: 19-Nov-24
1717 SYNOPSIS:
1818 Under existing law, a recording made by a
1919 body-worn camera or dashboard camera used by law
2020 enforcement agencies may only be disclosed to an
2121 individual or a personal representative of an
2222 individual whose image or voice is the subject of the
2323 recording.
2424 This bill would allow a recording made by a
2525 body-worn camera or dashboard camera used by law
2626 enforcement to be considered a public record, making
2727 the recording subject to public inspection.
2828 This bill would require the custodial law
2929 enforcement agency to release the recording within 30
3030 days of a request.
3131 This bill would also provide for an appeals
3232 process if a law enforcement agency fails to provide a
3333 requested recording.
3434 A BILL
3535 TO BE ENTITLED
3636 AN ACT
3737 Relating to law enforcement; to amend Sections
3838 36-21-210, 36-21-212, and 36-21-213, Code of Alabama 1975; to
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6868 36-21-210, 36-21-212, and 36-21-213, Code of Alabama 1975; to
6969 further provide for the release of certain law enforcement
7070 recordings; and to provide an appeal process.
7171 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7272 Section 1. Sections 36-21-210, 36-21-212, and
7373 36-21-213, Code of Alabama 1975, are amended to read as
7474 follows:
7575 "§36-21-210
7676 As used in For the purposes of this article, the
7777 following terms have the following meanings:
7878 (1) BODY-WORN CAMERA. An operational video or digital
7979 camera or other electronic device, including a microphone or
8080 other mechanism to capture audio, affixed to the uniform or
8181 person of law enforcement agency personnel and positioned in a
8282 way that allows the camera or device to capture interactions
8383 between law enforcement agency personnel and others.
8484 (2) CUSTODIAL LAW ENFORCEMENT AGENCY. The law
8585 enforcement agency that owns or leases or whose personnel
8686 operates the equipment that created the recording at the time
8787 the recording was made. If another law enforcement agency
8888 takes over the investigation of the recorded incident, that
8989 agency becomes the custodial law enforcement agency for the
9090 purposes of this article.
9191 (3) DASHBOARD CAMERA. A device or system installed or
9292 used in a law enforcement agency vehicle that electronically
9393 records images or audio of interactions between law
9494 enforcement agency personnel and others. This term does not
9595 include a body-worn camera.
9696 (4) DISCLOSE or DISCLOSURE. To make a recording
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126126 (4) DISCLOSE or DISCLOSURE. To make a recording
127127 available for viewing or listening at a time and location
128128 chosen by the custodial law enforcement agency. This term does
129129 not include the release of a recording.
130130 (5) PERSONAL REPRESENTATIVE. A parent, court-appointed
131131 guardian, spouse, or attorney of an individual whose image or
132132 voice is the subject of the recording. If an individual whose
133133 image or voice is the subject of the recording is deceased,
134134 the term also means the personal representative of the estate
135135 of the deceased individual; the deceased individual's
136136 surviving spouse, parent, or adult child; the deceased
137137 individual's attorney; or the parent or guardian of a
138138 surviving minor child of the deceased.
139139 (6)(4) RECORDING. A visual, audio, or visual and audio
140140 recording captured by a body-worn camera, a dashboard camera,
141141 or any other video or audio recording device operated by or on
142142 behalf of a law enforcement agency or law enforcement agency
143143 personnel when carrying out law enforcement responsibilities.
144144 This term does not include any video or audio recordings of
145145 interviews regarding agency internal investigations or
146146 interviews or interrogations of suspects or witnesses.
147147 (7) RELEASE. To provide a copy of a recording. "
148148 "§36-21-212
149149 (a) Recordings A recording in the custody of a law
150150 enforcement agency shall be disclosed to an individual or
151151 personal representative only as provided by this article. This
152152 article does not apply to the exchange of recordings between
153153 law enforcement or prosecuting agencies deemed a public record
154154 under Section 36-12-40 and subject to public inspection as
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184184 under Section 36-12-40 and subject to public inspection as
185185 otherwise provided by law . An individual requesting disclosure
186186 the release of a recording must make a written request to the
187187 head of the custodial law enforcement agency that states the
188188 date and approximate time of the activity captured in the
189189 recording or otherwise identifies the activity with reasonable
190190 particularity sufficient to identify the recording to which
191191 the request refers.
192192 (b) Nothing in this article shall limit or restrict the
193193 application of the Alabama Rules of Civil Procedure as they
194194 may be applied to the custodial law enforcement agency,
195195 including, but not limited to , Rule 45, nor Chapter 21 of
196196 Title 12.
197197 (c) A custodial law enforcement agency may only
198198 disclose a recording to the following:
199199 (1) An individual whose image or voice is the subject
200200 of the recording.
201201 (2) A personal representative of an adult individual
202202 whose image or voice is the subject of the recording if the
203203 adult individual has consented to the disclosure.
204204 (3) A personal representative of a minor whose image or
205205 voice is the subject of the recording.
206206 (4) A personal representative of an adult individual
207207 under lawful guardianship whose image or voice is the subject
208208 of the recording.
209209 (5) A personal representative of an adult individual
210210 who is incapacitated and unable to provide consent to
211211 disclosure whose image or voice is the subject of the
212212 recording.
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242242 recording.
243243 (6) A personal representative of a deceased individual
244244 whose image or voice is the subject of the recording.
245245 (d)(c) When disclosing releasing a recording, the
246246 custodial law enforcement agency shall disclose release only
247247 those portions of the recording that are relevant to the
248248 individual's request.
249249 (e) An individual who receives disclosure pursuant to
250250 this section shall not record or copy the recording.
251251 (d)(1) An individual who requests the release of a
252252 recording that is denied by a law enforcement agency may file
253253 a petition for judicial review in the circuit court of the
254254 county where the individual resides or where the law
255255 enforcement agency is located.
256256 (2) A circuit court may uphold a denial to release a
257257 recording only if the release would substantially interfere
258258 with an ongoing investigation, including, but not limited to,
259259 endangering the safety of a witness or a confidential source. "
260260 "§36-21-213
261261 (a) Upon Within 30 days of receipt of the written
262262 request for disclosurerelease and payment of a reasonable fee,
263263 not to exceed the actual cost of producing the recording , as
264264 promptly as possible, the custodial law enforcement agency
265265 shall do either of the following:
266266 (1) Disclose release the portion of the recording
267267 relevant to the individual's request.
268268 (2) Notify the requestor of the custodial law
269269 enforcement agency's decision not to disclose the recording. A
270270 custodial law enforcement agency may choose to not disclose
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300300 custodial law enforcement agency may choose to not disclose
301301 the recording if the disclosure would affect an ongoing active
302302 law enforcement investigation or prosecution.
303303 (b) A custodial law enforcement agency may charge a
304304 reasonable fee for redaction and editing of a recording. "
305305 Section 2. This act shall become effective on October
306306 1, 2025.
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