Connecticut 2025 2025 Regular Session

Connecticut Senate Bill SB00973 Comm Sub / Analysis

Filed 03/12/2025

                     
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OLR Bill Analysis 
SB 973  
 
AN ACT PERMITTING REDACTION FEES FOR THE DISCLOSURE 
OF RECORDS CREATED BY POLICE BODY -WORN RECORDING 
EQUIPMENT OR DASHBOARD CAMERAS UNDER THE FREEDOM 
OF INFORMATION ACT.  
 
SUMMARY 
This bill sets conditions under which public agencies may charge a 
fee for redacting (i.e. obscuring, pixelating, or muting) body and 
dashboard camera recordings requested under the state’s Freedom of 
Information Act (FOIA). It prohibits an agency from charging any fee 
for the first four hours of its labor costs to redact the requested record. 
Then, for any additional labor costs beyond those four hours, it allows 
the agency to charge a rate up to the hourly wage of the lowest-paid 
employee with the training required to redact the record, but no more 
than $100 per hour for the requested recording’s actual duration. The 
agency must maintain an original, unredacted copy of any requested 
record that is redacted for public dissemination. 
However, an agency may not charge any redaction fee if the 
requestor is an involved person in the requested record or the record 
shows certain types of incidents (e.g., a police officer-involved 
shooting). Under the bill, an “involved person” is any (1) individual 
depicted in a body or dashboard camera recording; (2) individual 
directly involved in the incident that led to the police officer being called 
to respond; or (3) responding police officer, including the officer who 
created the recording.  
For certain types of body and dashboard camera recordings, the bill 
sets additional redaction and disclosure requirements. Among other 
things, it requires that recordings showing certain confidential events 
(e.g., encounters with undercover officers) be redacted while requiring 
others (e.g., psychological evaluations) to be disclosed to an involved  2025SB-00973-R000077-BA.DOCX 
 
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person or requesting party if they show the involved person or 
requesting party.  
Lastly, the bill makes technical and conforming changes. 
EFFECTIVE DATE: October 1, 2025 
REDACTION FEES 
Fee Calculation 
Under existing law, fees for copies of public records (including body 
and dashboard camera recordings) are set by FOIA unless the law 
provides otherwise (see BACKGROUND). Generally, FOIA does not 
allow public agencies to charge requestors for the time spent redacting 
a record. 
The bill generally allows public agencies that maintain copies of body 
or dashboard camera recordings to charge requestors a fee, but only for 
the time in excess of four hours they spend redacting the requested 
recordings.  
Beyond four hours, the bill allows an agency to charge the hourly 
wage (i.e. base salary excluding benefits) of the lowest-paid employee 
with the requisite training to redact the record. The bill prohibits 
agencies from charging for (1) time spent searching for the requested 
records, (2) an attorney hired to conduct a second review of the record, 
or (3) a digital management company’s services. 
Under the bill, the redaction fee may not exceed $100 per hour for the 
actual length of time of the requested record. The agency may round up 
the actual length of time to the nearest half-hour at the rate of $50 per 
hour (e.g., for a five hours and ten minutes long recording, an agency 
could charge no more than $525). Agencies (1) must inform the 
requestor if the fee is estimated to exceed $250, (2) may require 
prepayment in these cases, and (3) must refund any portion of a 
prepayment that exceeds the actual labor costs. The bill allows the 
Freedom of Information Commission (FOIC) to order a refund of a 
payment or prepayment if it finds that a public agency violated these 
fee provisions.  2025SB-00973-R000077-BA.DOCX 
 
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Fee Prohibitions and Waivers 
The bill prohibits public agencies from charging any redaction fee to 
a requesting party who is an (1) involved person in the requested record; 
(2) involved person’s parent or legal guardian; or (3) attorney 
representing an involved person in a civil, criminal, or administrative 
matter. It also prohibits fees from being charged:  
1. for records that depict a police officer (a) involved in a shooting 
or motor vehicle accident or (b) giving a formal statement about 
the use of force, or 
2. if there is an allegation of misconduct by the police officer 
involved or the officer is the subject of a disciplinary 
investigation. 
The bill specifies that these records remain subject to the disclosure 
limitations under current law and the bill. 
The bill also requires agencies to waive the redaction fee for the same 
reasons that FOIA requires copying fees to be waived. FOIA generally 
requires these fee waivers for (1) political subdivisions’ elected officials 
getting records from their own agency for official business; (2) indigent 
people; (3) public defenders; (4) records exempt from disclosure; and (5) 
requests that benefit the general welfare, as determined by the agency. 
DISCLOSURE AND REDACTION OF BODY CAMERA RECORDIN GS 
Additional Disclosure Requirements 
Existing law generally subjects body and dashboard camera 
recordings to disclosure under FOIA, with certain exceptions. Among 
other things, current law (1) prohibits officers from intentionally 
recording a person undergoing a medical or psychological evaluation, 
procedure, or treatment, unless the recording was made as part of an 
agreement between the law enforcement unit and the fe deral 
government and (2) makes confidential any recording showing these 
events. The bill requires that recordings showing these events be 
disclosed to an involved person or requesting party if they show the 
involved person or requesting party.  2025SB-00973-R000077-BA.DOCX 
 
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With certain exceptions, existing law generally prohibits disclosing 
recordings of a minor. Under current law, a recording of a minor must 
be disclosed if, among other things, the minor and his or her parent or 
guardian consent to disclosure. The bill additionally requires disclosure 
if the (1) minor is an involved person and (2) parent or guardian is a 
requesting party or also an involved person. 
Additional Redaction Requirements 
The bill requires redaction of body and dashboard camera recordings 
of any of the following, which are confidential and generally exempt 
from disclosure under FOIA:  
1. communications between law enforcement unit personnel, 
except those that may be recorded as an officer performs his or 
her duties; 
2. encounters with undercover officers, informants, or officers 
performing certain detective work; 
3. officers on break or engaging in a personal activity; 
4. someone undergoing a medical or psychological evaluation, 
procedure, or treatment; 
5. anyone, other than a criminal suspect, in a hospital or other 
medical facility; 
6. a mental health facility, unless the recording was made during a 
response to a call involving a criminal suspect thought to be 
present in the facility; 
7. scenes of an incident involving victims of domestic or sexual 
abuse, homicide or suicide, or a fatal accident, if disclosure could 
reasonably be expected to constitute an unwarranted invasion of 
the victim’s personal privacy; or 
8. a minor. 
  2025SB-00973-R000077-BA.DOCX 
 
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BACKGROUND 
FOIA Fees 
FOIA allows public agencies to charge the following for producing 
copies of computer-stored public records:  
1. the hourly salary attributed to all agency employees engaged in 
providing the requested record (including their time performing 
necessary formatting or programming functions, but excluding 
search or retrieval costs); 
2. the cost of an outside professional electronic copying service, if 
needed; 
3. the actual cost of the storage devices or media provided to the 
requestor; and 
4. computer time charges if a contractor or another agency provides 
the storage and retrieval services (CGS §§ 1-211(a) & -212(b)). 
Related Case 
In a contested case decided in 2023, FOIC rejected a law enforcement 
agency’s attempt to charge a requestor for labor costs to pixelate and 
mute a body camera recording. Specifically, FOIC ruled that these 
actions were not formatting or programming within the meaning of 
FOIA’s fee provisions (because the agency used existing software and 
did not need to develop a program or contract with an outside entity to 
develop a program) (FIC 2022-0176 (2023)). 
Related Bill 
SB 1229, reported favorably by the Government Administration and 
Elections Committee, is identical to this bill. 
COMMITTEE ACTION 
Government Oversight Committee 
Joint Favorable 
Yea 9 Nay 0 (02/25/2025)