Connecticut 2024 Regular Session

Connecticut Senate Bill SB00431 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 12
	3	+	LCO No. 2893 1 of 12
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 431
	5	+	General Assembly Raised Bill No. 431
6	6		February Session, 2024
	7	+	LCO No. 2893
7	8
	9	+
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GAE)
8	16
9	17
10	18
11	19		AN ACT CONCERNING FEES FOR COPYING, REVIEWING AND
12	20		REDACTING RECORDS CREATED BY POLICE BODY-WORN
13	21		RECORDING EQUIPMENT AND DASHBOARD CAMERAS.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. Section 29-6d of the 2024 supplement to the general statutes 1
18	26		is repealed and the following is substituted in lieu thereof (Effective 2
19	27		October 1, 2024): 3
20	28		(a) For purposes of this section, [and] section 2 of this act and section 4
21	29		7-277b: 5
22	30		(1) "Law enforcement unit" has the same meaning as provided in 6
23	31		section 7-294a; 7
24	32		(2) "Police officer" means a sworn member of a law enforcement unit 8
25	33		or any member of a law enforcement unit who performs police duties; 9
26	34		(3) "Body-worn recording equipment" means an electronic recording 10
27	35		device that is capable of recording audio and video; 11
28		-	(4) "Dashboard camera" means a dashboard camera with a remote 12
	36	+	(4) "Dashboard camera" means a dashboard camera with a remote 12 Raised Bill No. 431
	37	+
	38	+
	39	+
	40	+	LCO No. 2893 2 of 12
	41	+
29	42		recorder, as defined in section 7-277b; 13
30	43		(5) "Digital data storage device or service" means a device or service 14
31		-	that retains the data from the recordings made by body-worn recording 15 Substitute Bill No. 431
32		-
33		-
34		-	LCO 2 of 12
35		-
	44	+	that retains the data from the recordings made by body-worn recording 15
36	45		equipment using computer data storage; [and] 16
37	46		(6) "Police patrol vehicle" means any state or local police vehicle other 17
38	47		than an administrative vehicle in which an occupant is wearing body-18
39	48		worn camera equipment, a bicycle, a motor scooter, an all-terrain 19
40	49		vehicle, an electric personal assistive mobility device, as defined in 20
41	50		subsection (a) of section 14-289h, or an animal control vehicle; 21
42	51		(7) "Freedom of Information Act" has the same meaning as provided 22
43	52		in section 1-200; 23
44	53		(8) "Requesting party" means the person requesting a record created 24
45	54		using body-worn recording equipment or a dashboard camera pursuant 25
46	55		to the Freedom of Information Act; 26
47	56		(9) "Involved person" means (A) any individual depicted in the 27
48	57		record created using body-worn recording equipment or a dashboard 28
49	58		camera, (B) any individual directly involved in the incident that led to 29
50	59		the police officer being called to respond, or (C) any police officer 30
51	60		responding to such incident, including the police officer whose body-31
52	61		worn recording equipment or dashboard camera created the record; and 32
53	62		(10) "Redact" means to obscure, pixelate or mute any portion of a 33
54	63		record created using body-worn recording equipment or a dashboard 34
55	64		camera. 35
56	65		(b) The Commissioner of Emergency Services and Public Protection 36
57	66		and the Police Officer Standards and Training Council shall jointly 37
58	67		evaluate and approve the minimal technical specifications of body-worn 38
59	68		recording equipment that shall be worn by police officers pursuant to 39
60	69		this section, dashboard cameras that shall be used in each police patrol 40
61	70		vehicle and digital data storage devices or services that shall be used by 41
62		-	a law enforcement unit to retain the data from the recordings made by 42
	71	+	a law enforcement unit to retain the data from the recordings made by 42 Raised Bill No. 431
	72	+
	73	+
	74	+
	75	+	LCO No. 2893 3 of 12
	76	+
63	77		such equipment. The commissioner and council shall make such 43
64	78		minimal technical specifications available to each law enforcement unit 44
65	79		in a manner determined by the commissioner and council. The 45
66		-	commissioner and council may revise the minimal technical 46 Substitute Bill No. 431
67		-
68		-
69		-	LCO 3 of 12
70		-
	80	+	commissioner and council may revise the minimal technical 46
71	81		specifications when the commissioner and council determine that 47
72	82		revisions to such specifications are necessary. 48
73	83		(c) (1) Each police officer shall use body-worn recording equipment 49
74	84		while interacting with the public in such sworn member's law 50
75	85		enforcement capacity, except as provided in subsection (g) of this 51
76	86		section, or in the case of a municipal police department, in accordance 52
77	87		with the department's policy adopted by the department and based on 53
78	88		guidelines maintained pursuant to subsection (j) of this section, 54
79	89		concerning the use of body-worn recording equipment. 55
80	90		(2) Each police officer shall wear body-worn recording equipment on 56
81	91		such officer's outer-most garment and shall position such equipment 57
82	92		above the midline of such officer's torso when using such equipment. 58
83	93		(3) Body-worn recording equipment used pursuant to this section 59
84	94		shall conform to the minimal technical specifications approved 60
85	95		pursuant to subsection (b) of this section, except that a police officer may 61
86	96		use body-worn recording equipment that does not conform to the 62
87	97		minimal technical specifications approved pursuant to subsection (b) of 63
88	98		this section, if such equipment was purchased prior to January 1, 2016, 64
89	99		by the law enforcement unit employing such officer. 65
90	100		(4) Each law enforcement unit shall require usage of a dashboard 66
91	101		camera in each police patrol vehicle used by any police officer employed 67
92	102		by such unit in accordance with the unit's policy adopted by the unit 68
93	103		and based on guidelines maintained pursuant to subsection (j) of this 69
94	104		section, concerning dashboard cameras. 70
95	105		(d) Except as required by state or federal law, no person employed by 71
96	106		a law enforcement unit shall edit, erase, copy, share or otherwise alter 72
97	107		or distribute in any manner any recording made by body-worn 73
98		-	recording equipment or a dashboard camera or the data from such 74
	108	+	recording equipment or a dashboard camera or the data from such 74 Raised Bill No. 431
	109	+
	110	+
	111	+
	112	+	LCO No. 2893 4 of 12
	113	+
99	114		recording. 75
100	115		(e) A police officer may review a recording from his or her body-worn 76
101		-	recording equipment or a dashboard camera in order to assist such 77 Substitute Bill No. 431
102		-
103		-
104		-	LCO 4 of 12
105		-
	116	+	recording equipment or a dashboard camera in order to assist such 77
106	117		officer with the preparation of a report or otherwise in the performance 78
107	118		of his or her duties. 79
108	119		(f) (1) If a police officer is giving a formal statement about the use of 80
109	120		force or if a police officer is the subject of a disciplinary investigation in 81
110	121		which a recording from body-worn recording equipment or a 82
111	122		dashboard camera is being considered as part of a review of an incident, 83
112	123		the officer shall have the right to review (A) such recording in the 84
113	124		presence of the officer's attorney or labor representative, and (B) 85
114	125		recordings from other body-worn recording equipment capturing the 86
115	126		officer's image or voice during the incident. Not later than forty-eight 87
116	127		hours following an officer's review of a recording under subparagraph 88
117	128		(A) of this subdivision, or if the officer does not review the recording, 89
118	129		not later than ninety-six hours following the initiation of such 90
119	130		disciplinary investigation, whichever is earlier, such recording shall be 91
120	131		disclosed, upon request, to the public, subject to the provisions of 92
121	132		subsection (g) of this section. Public disclosure may be delayed if the 93
122	133		officer, due to a medical or physical response or an acute psychological 94
123	134		stress response to the incident, is not reasonably able to review a 95
124	135		recording under this subdivision, but in no event shall disclosure be 96
125	136		delayed more than one hundred forty-four hours following the 97
126	137		recorded event. 98
127	138		(2) If a request is made for public disclosure of a recording from body-99
128	139		worn recording equipment or a dashboard camera of an incident about 100
129	140		which (A) a police officer has not been asked to give a formal statement 101
130	141		about the alleged use of force, or (B) a disciplinary investigation has not 102
131	142		been initiated, any police officer whose image or voice is captured on 103
132	143		the recording shall have the right to review such recording in the 104
133	144		presence of the officer's attorney or labor representative. Not later than 105
134	145		forty-eight hours following an officer's review of a recording under this 106
135		-	subdivision, or if the officer does not review the recording, not later than 107
	146	+	subdivision, or if the officer does not review the recording, not later than 107 Raised Bill No. 431
	147	+
	148	+
	149	+
	150	+	LCO No. 2893 5 of 12
	151	+
136	152		ninety-six hours following the request for disclosure, whichever is 108
137	153		earlier, such recording shall be disclosed to the public, subject to the 109
138	154		provisions of subsection (g) of this section. Public disclosure may be 110
139		-	delayed if the officer, due to a medical or physical response or an acute 111 Substitute Bill No. 431
140		-
141		-
142		-	LCO 5 of 12
143		-
	155	+	delayed if the officer, due to a medical or physical response or an acute 111
144	156		psychological stress response to the incident, is not reasonably able to 112
145	157		review a recording under this subdivision, but in no event shall 113
146	158		disclosure be delayed more than one hundred forty-four hours 114
147	159		following the recorded event. 115
148	160		(g) (1) Except as otherwise provided by any agreement between a law 116
149	161		enforcement unit and the federal government, no police officer shall use 117
150	162		body-worn recording equipment or a dashboard camera, if applicable, 118
151	163		to intentionally record (A) a communication with other law enforcement 119
152	164		unit personnel, except that which may be recorded as the officer 120
153	165		performs his or her duties, (B) an encounter with an undercover officer 121
154	166		or informant or an officer performing detective work described in 122
155	167		guidelines developed pursuant to subsection (j) of this section, (C) when 123
156	168		an officer is on break or is otherwise engaged in a personal activity, (D) 124
157	169		a person undergoing a medical or psychological evaluation, procedure 125
158	170		or treatment, (E) any person other than a suspect to a crime if an officer 126
159	171		is wearing such equipment in a hospital or other medical facility setting, 127
160	172		or (F) in a mental health facility, unless responding to a call involving a 128
161	173		suspect to a crime who is thought to be present in the facility. 129
162	174		(2) No record created using body-worn recording equipment or a 130
163	175		dashboard camera of (A) an occurrence or situation described in 131
164	176		subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, 132
165	177		(B) a scene of an incident that involves (i) a victim of domestic or sexual 133
166	178		abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an 134
167	179		accident, if disclosure could reasonably be expected to constitute an 135
168	180		unwarranted invasion of personal privacy in the case of any such victim 136
169	181		described in this subparagraph, or (C) a minor, shall be subject to 137
170	182		disclosure under the Freedom of Information Act, [as defined in section 138
171	183		1-200,] and any such record shall be confidential and redacted in 139
172	184		accordance with section 2 of this act, except that (i) a record of an 140
173		-	involved person or the requesting party undergoing a medical or 141
	185	+	involved person or the requesting party undergoing a medical or 141 Raised Bill No. 431
	186	+
	187	+
	188	+
	189	+	LCO No. 2893 6 of 12
	190	+
174	191		psychological evaluation, procedure or treatment shall be disclosed to 142
175	192		such involved person or the requesting party, and (ii) a record of a minor 143
176	193		shall be disclosed if [(i)] (I) the minor and the parent or guardian of such 144
177		-	minor consent to the disclosure of such record, [(ii)] or, if the minor is 145 Substitute Bill No. 431
178		-
179		-
180		-	LCO 6 of 12
181		-
	194	+	minor consent to the disclosure of such record, [(ii)] or, if the minor is 145
182	195		an involved person, the minor's parent or guardian is the requesting 146
183	196		party or an involved person, (II) a police officer is the subject of an 147
184	197		allegation of misconduct made by such minor or the parent or guardian 148
185	198		of such minor, and the person representing such officer in an 149
186	199		investigation of such alleged misconduct requests disclosure of such 150
187	200		record for the sole purpose of preparing a defense to such allegation, or 151
188	201		[(iii)] (III) a person is charged with a crime and defense counsel for such 152
189	202		person requests disclosure of such record for the sole purpose of 153
190	203		assisting in such person's defense and the discovery of such record as 154
191	204		evidence is otherwise discoverable. 155
192	205		(3) Any record created using body-worn recording equipment or a 156
193	206		dashboard camera, the disclosure of which the public agency 157
194	207		determines could reasonably be expected to constitute an invasion of 158
195	208		personal privacy and that depicts the following shall be redacted prior 159
196	209		to disclosure of such record under the Freedom of Information Act: (A) 160
197	210		The inside of a private residence, except that a record showing the inside 161
198	211		of a private residence of the requesting party or an involved person may 162
199	212		be disclosed to such requesting party or involved person, as applicable, 163
200	213		or (B) an individual in a state of undress or nudity, except that a record 164
201	214		showing the requesting party or an involved party in a state of undress 165
202	215		or nudity may be disclosed to such requesting party or involved person, 166
203	216		as applicable. 167
204	217		(h) No police officer shall use body-worn recording equipment prior 168
205	218		to being trained in accordance with section 7-294s in the use of such 169
206	219		equipment and in the retention of data created by such equipment. A 170
207	220		law enforcement unit shall ensure that each police officer such unit 171
208	221		employs receives such training at least annually and is trained on the 172
209	222		proper care and maintenance of such equipment. 173
210		-	(i) If a police officer is aware that any body-worn recording 174
	223	+	(i) If a police officer is aware that any body-worn recording 174 Raised Bill No. 431
	224	+
	225	+
	226	+
	227	+	LCO No. 2893 7 of 12
	228	+
211	229		equipment or dashboard camera is lost, damaged or malfunctioning, 175
212	230		such officer shall inform such officer's supervisor in writing as soon as 176
213	231		is practicable. Upon receiving such information, the supervisor shall 177
214		-	ensure that the body-worn recording equipment or dashboard camera 178 Substitute Bill No. 431
215		-
216		-
217		-	LCO 7 of 12
218		-
	232	+	ensure that the body-worn recording equipment or dashboard camera 178
219	233		is inspected and repaired or replaced, as necessary. Each police officer 179
220	234		shall inspect and test body-worn recording equipment prior to each shift 180
221	235		to verify proper functioning, and shall notify such officer's supervisor 181
222	236		of any problems with such equipment. 182
223	237		(j) The Commissioner of Emergency Services and Public Protection 183
224	238		and the Police Officer Standards and Training Council shall jointly 184
225	239		maintain guidelines pertaining to the use of body-worn recording 185
226	240		equipment and dashboard cameras, including the type of detective 186
227	241		work an officer might engage in that should not be recorded, retention 187
228	242		of data created by such equipment and dashboard cameras and methods 188
229	243		for safe and secure storage of such data. The guidelines shall not require 189
230	244		a law enforcement unit to store such data for a period longer than one 190
231	245		year, except in the case where the unit knows the data is pertinent to any 191
232	246		ongoing civil, criminal or administrative matter. Each law enforcement 192
233	247		unit and any police officer and any other employee of such unit who 193
234	248		may have access to such data shall adhere to such guidelines. The 194
235	249		commissioner and council may update and reissue such guidelines, as 195
236	250		the commissioner and council determine necessary. The commissioner 196
237	251		and council shall, upon issuance of such guidelines or any update to 197
238	252		such guidelines, submit such guidelines in accordance with the 198
239	253		provisions of section 11-4a to the joint standing committees of the 199
240	254		General Assembly having cognizance of matters relating to the judiciary 200
241	255		and public safety. 201
242	256		(k) (1) Not later than October 1, 2023, the Police Officer Standards and 202
243	257		Training Council, in consultation with the Institute for Municipal and 203
244	258		Regional Policy at The University of Connecticut, shall prescribe a form 204
245	259		to be used by law enforcement units to report each unit's compliance 205
246	260		with the provisions of subsection (c) of this section. Such form shall 206
247	261		require the compilation of information including, but not limited to, (A) 207
248		-	the number of body-worn recording devices in operation in a law 208
	262	+	the number of body-worn recording devices in operation in a law 208 Raised Bill No. 431
	263	+
	264	+
	265	+
	266	+	LCO No. 2893 8 of 12
	267	+
249	268		enforcement unit, (B) the number of dashboard cameras in operation in 209
250	269		a law enforcement unit, (C) the number of police patrol vehicles not 210
251	270		equipped with a dashboard camera in a law enforcement unit and the 211
252		-	reasons such vehicles are not so equipped, (D) information regarding 212 Substitute Bill No. 431
253		-
254		-
255		-	LCO 8 of 12
256		-
	271	+	reasons such vehicles are not so equipped, (D) information regarding 212
257	272		any incidents in which a police officer of a law enforcement unit was 213
258	273		found in an internal investigation conducted by such unit to have 214
259	274		violated such unit's policy regarding the use of body-worn recording 215
260	275		equipment or dashboard cameras, and (E) any other information 216
261	276		deemed necessary. 217
262	277		(2) Not later than January 1, 2024, and annually thereafter, each law 218
263	278		enforcement unit shall submit a report on the form prescribed pursuant 219
264	279		to subdivision (1) of this subsection concerning the unit's compliance 220
265	280		with the provisions of subsection (c) of this section to the Institute for 221
266	281		Municipal and Regional Policy at The University of Connecticut. The 222
267	282		institute shall post such reports on the institute's Internet web site. 223
268	283		(3) Not later than July 1, 2024, and annually thereafter, the Institute 224
269	284		for Municipal and Regional Policy at The University of Connecticut 225
270	285		shall, within available appropriations, review the reports submitted 226
271	286		pursuant to subdivision (2) of this subsection, and report the results of 227
272	287		such review and any recommendations as a result of such review to the 228
273	288		Governor, the Police Officer Standards and Training Council, the 229
274	289		Criminal Justice Policy and Planning Division within the Office of Policy 230
275	290		and Management and, in accordance with the provisions of section 11-231
276	291		4a, the joint standing committees of the General Assembly having 232
277	292		cognizance of matters relating to the judiciary and public safety and 233
278	293		security. 234
279	294		Sec. 2. (NEW) (Effective October 1, 2024) (a) Except as provided in 235
280	295		subsections (b) and (c) of this section, any public agency, as defined in 236
281	296		section 1-200 of the general statutes, that maintains a copy of a record 237
282	297		created using body-worn recording equipment or a dashboard camera 238
283	298		pursuant to section 29-6d of the general statutes, as amended by this act, 239
284	299		may charge the requesting party a redaction fee for any such record that 240
285		-	requires redaction in accordance with the provisions of this section. 241
	300	+	requires redaction in accordance with the provisions of this section. 241 Raised Bill No. 431
	301	+
	302	+
	303	+
	304	+	LCO No. 2893 9 of 12
	305	+
286	306		Such fee shall compensate the public agency for the time spent redacting 242
287	307		any portion of the requested record as required or authorized by state 243
288	308		or federal law, including, but not limited to, the provisions of subsection 244
289		-	(g) of section 29-6d of the general statutes, as amended by this act. Such 245 Substitute Bill No. 431
290		-
291		-
292		-	LCO 9 of 12
293		-
	309	+	(g) of section 29-6d of the general statutes, as amended by this act. Such 245
294	310		fee shall be calculated as follows: 246
295	311		(1) The public agency shall not charge the requesting party for the 247
296	312		time spent searching for the applicable record that is responsive to the 248
297	313		request. 249
298	314		(2) (A) Except as provided in subparagraph (B) of this subdivision, 250
299	315		the first two hours of labor costs incurred by the public agency in 251
300	316		redacting the requested record shall not be charged to the requesting 252
301	317		party. 253
302	318		(B) The first four hours of labor costs incurred by the public agency 254
303	319		in redacting the requested record shall not be charged to the requesting 255
304		-	party if the requesting party is (i) the ~~parent or legal guardian of an~~ 256
305		-	involved person, or (ii) ~~an attorney representing an involved person in~~ 257
306		-	any civil, criminal or ~~administrative matter.~~ 258
307		-	~~(3) Except as provided in subsection (c) of this section, any additional~~ 259
308		-	labor costs associated with any time necessary to ~~redact the requested~~ 260
309		-	record beyond the applicable time set forth in ~~subdivision (2) of this~~ 261
310		-	subsection may be charged to the requesting party ~~at a rate not to exceed~~ 262
311		-	the hourly wage of the lowest-paid employee with ~~the requisite training~~ 263
312		-	for redacting the responsive record. For purposes ~~of this subdivision,~~ 264
313		-	the hourly wage of an employee shall be based upon ~~the employee's~~ 265
314		-	base salary and shall not include benefits. The ~~responding agency shall~~ 266
315		-	not charge the requesting party for the services ~~of any attorney hired by~~ 267
316		-	the responding agency to conduct a second ~~review of the requested~~ 268
317		-	record or any company providing digital ~~management services to the~~ 269
318		-	responding agency. 270
	320	+	party if the requesting party is (i) an involved person in the record 256
	321	+	requested, (ii) the parent or legal guardian of an involved person, or (iii) 257
	322	+	an attorney representing an involved person in any civil, criminal or 258
	323	+	administrative matter. 259
	324	+	(3) Any additional labor costs associated with any time necessary to 260
	325	+	redact the requested record beyond the applicable time set forth in 261
	326	+	subdivision (2) of this subsection may be charged to the requesting party 262
	327	+	at a rate not to exceed the hourly wage of the lowest-paid employee with 263
	328	+	the requisite training for redacting the responsive record. For purposes 264
	329	+	of this subdivision, the hourly wage of an employee shall be based upon 265
	330	+	the employee's base salary and shall not include benefits. The 266
	331	+	responding agency shall not charge the requesting party for the services 267
	332	+	of any attorney hired by the responding agency to conduct a second 268
	333	+	review of the requested record or any company providing digital 269
	334	+	management services to the responding agency. 270
319	335		(4) Any fee charged to a requesting party under this subsection shall 271
320	336		not exceed one hundred dollars per hour of the actual length of time of 272
321		-	the record requested. In calculating the fee under this subsection, the 273
	337	+	the record requested. In calculating the fee under this subsection, the 273 Raised Bill No. 431
	338	+
	339	+
	340	+
	341	+	LCO No. 2893 10 of 12
	342	+
322	343		public agency may round up the actual length of time of the record 274
323	344		requested to the nearest half hour at a rate of fifty dollars per half hour. 275
324		-	(5) If the amount to be charged to the requesting party in accordance 276 Substitute Bill No. 431
325		-
326		-
327		-	LCO 10 of 12
328		-
	345	+	(5) If the amount to be charged to the requesting party in accordance 276
329	346		with subdivision (3) of this subsection is estimated to exceed two 277
330	347		hundred fifty dollars, the public agency shall inform the requesting 278
331	348		party of the estimated fee and may require prepayment of such fee prior 279
332	349		to redacting the requested record. If the amount of prepaid fees exceeds 280
333	350		the actual labor costs incurred by the public agency in redacting the 281
334	351		requested record, the public agency shall reimburse the requesting 282
335	352		party for any difference between the prepaid amount and actual cost. 283
336	353		(b) The public agency shall waive any fee authorized under this 284
337	354		section if required under subsection (d) of section 1-212 of the general 285
338	355		statutes. 286
339		-	(c) A public agency shall not charge a fee to any requesting party ~~who~~ 287
340		-	~~is an involved person in~~ the record ~~requested.~~ A ~~public agency shall not~~ 288
341		-	~~charge~~ a ~~fee to any other requesting party if~~ (~~1) the record depicts (A~~) a 289
342		-	~~police officer involved in~~ a ~~shooting~~, (B) a ~~police officer involved in a~~ 290
343		-	~~motor vehicle accident~~, or (C) ~~a police officer giving a formal statement~~ 291
344		-	~~about~~ the ~~use~~ of ~~force~~, ~~or (2) (A) there is an allegation of misconduct~~ 292
345		-	~~concerning the police officer involved,~~ or (B) ~~the police officer involved~~ 293
346		-	is the ~~subject of~~ a ~~disciplinary investigation, subject to any limitations~~ 294
347		-	~~on disclosure set forth in subsection (g) of section 29-6d~~ ~~of the general~~ 295
348		-	~~statutes, as amended by this act~~. 296
	356	+	(c) A public agency shall not charge a fee to any requesting party (1) 287
	357	+	if the record depicts (A) a police officer involved in a shooting, (B) a 288
	358	+	police officer involved in a motor vehicle accident, or (C) a police officer 289
	359	+	giving a formal statement about the use of force, or (2) if (A) there is an 290
	360	+	allegation of misconduct concerning the police officer involved, or (B) 291
	361	+	the police officer involved is the subject of a disciplinary investigation, 292
	362	+	subject to any limitations on disclosure set forth in subsection (g) of 293
	363	+	section 29-6d of the general statutes, as amended by this act. A public 294
	364	+	agency shall not charge a fee to any requesting party who is an involved 295
	365	+	person in the record requested. 296
349	366		(d) The public agency shall maintain an original, unredacted copy of 297
350	367		any requested record that is redacted for public dissemination in 298
351	368		accordance with the provisions of this section. 299
352	369		(e) If the Freedom of Information Commission determines that a 300
353	370		public agency has violated any provision of this section, the Freedom of 301
354	371		Information Commission may order the public agency to refund any 302
355	372		payment made under this section. 303
356		-	Sec. 3. Subsections (a) and (b) of section 1-212 of the general statutes 304
	373	+	Sec. 3. Subsections (a) and (b) of section 1-212 of the general statutes 304 Raised Bill No. 431
	374	+
	375	+
	376	+
	377	+	LCO No. 2893 11 of 12
	378	+
357	379		are repealed and the following is substituted in lieu thereof (Effective 305
358	380		October 1, 2024): 306
359		-	(a) Any person applying in writing shall receive, promptly upon 307 Substitute Bill No. 431
360		-
361		-
362		-	LCO 11 of 12
363		-
	381	+	(a) Any person applying in writing shall receive, promptly upon 307
364	382		request, a plain, facsimile, electronic or certified copy of any public 308
365	383		record. The type of copy provided shall be within the discretion of the 309
366	384		public agency, except (1) the agency shall provide a certified copy 310
367	385		whenever requested, and (2) if the applicant does not have access to a 311
368	386		computer or facsimile machine, the public agency shall not send the 312
369	387		applicant an electronic or facsimile copy. [The] Except as provided in 313
370	388		section 2 of this act, the fee for any copy provided in accordance with 314
371	389		the Freedom of Information Act: 315
372	390		(A) By an executive, administrative or legislative office of the state, a 316
373	391		state agency or a department, institution, bureau, board, commission, 317
374	392		authority or official of the state, including a committee of, or created by, 318
375	393		such an office, agency, department, institution, bureau, board, 319
376	394		commission, authority or official, and also including any judicial office, 320
377	395		official or body or committee thereof but only in respect to its or their 321
378	396		administrative functions, shall not exceed twenty-five cents per page; 322
379	397		and 323
380	398		(B) By all other public agencies, as defined in section 1-200, shall not 324
381	399		exceed fifty cents per page. If any copy provided in accordance with said 325
382	400		Freedom of Information Act requires a transcription, or if any person 326
383	401		applies for a transcription of a public record, the fee for such 327
384	402		transcription shall not exceed the cost thereof to the public agency. 328
385	403		(b) The fee for any copy provided in accordance with subsection (a) 329
386	404		of section 1-211 shall not exceed the cost thereof to the public agency. 330
387	405		[In] Except as provided in section 2 of this act, in determining such costs 331
388	406		for a copy, other than for a printout which exists at the time that the 332
389	407		agency responds to the request for such copy, an agency may include 333
390	408		only: 334
391	409		(1) An amount equal to the hourly salary attributed to all agency 335
392		-	employees engaged in providing the requested computer-stored public 336
	410	+	employees engaged in providing the requested computer-stored public 336 Raised Bill No. 431
	411	+
	412	+
	413	+
	414	+	LCO No. 2893 12 of 12
	415	+
393	416		record, including their time performing the formatting or programming 337
394	417		functions necessary to provide the copy as requested, but not including 338
395		-	search or retrieval costs except as provided in subdivision (4) of this 339 Substitute Bill No. 431
396		-
397		-
398		-	LCO 12 of 12
399		-
	418	+	search or retrieval costs except as provided in subdivision (4) of this 339
400	419		subsection; 340
401	420		(2) An amount equal to the cost to the agency of engaging an outside 341
402	421		professional electronic copying service to provide such copying 342
403	422		services, if such service is necessary to provide the copying as requested; 343
404	423		(3) The actual cost of the storage devices or media provided to the 344
405	424		person making the request in complying with such request; and 345
406	425		(4) The computer time charges incurred by the agency in providing 346
407	426		the requested computer-stored public record where another agency or 347
408	427		contractor provides the agency with computer storage and retrieval 348
409	428		services. Notwithstanding any other provision of this section, the fee for 349
410	429		any copy of the names of registered voters shall not exceed three cents 350
411	430		per name delivered or the cost thereof to the public agency, as 351
412	431		determined pursuant to this subsection, whichever is less. The 352
413	432		Department of Administrative Services shall provide guidelines to 353
414	433		agencies regarding the calculation of the fees charged for copies of 354
415	434		computer-stored public records to ensure that such fees are reasonable 355
416	435		and consistent among agencies. 356
417	436		This act shall take effect as follows and shall amend the following
418	437		sections:
419	438
420	439		Section 1 October 1, 2024 29-6d
421	440		Sec. 2 October 1, 2024 New section
422	441		Sec. 3 October 1, 2024 1-212(a) and (b)
423	442
424		-	Statement of Legislative Commissioners:
425		-	In Section 2(a)(3), an exception was added for consistency.
426		-
427		-	GAE Joint Favorable Subst.
	443	+	Statement of Purpose:
	444	+	To authorize a public agency to charge a redaction fee for the disclosure
	445	+	of a record created by police body-worn equipment or dashboard
	446	+	cameras that contains portions not authorized to be disclosed under
	447	+	state or federal law.
	448	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	449	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	450	+	underlined.]
428	451