Connecticut 2025 Regular Session

Connecticut Senate Bill SB00973 Compare Versions

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56 General Assembly Committee Bill No. 973
67 January Session, 2025
78 LCO No. 4031
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1011 Referred to Committee on GOVERNMENT OVERSIGHT
1112
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1314 Introduced by:
1415 (GOS)
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1820 AN ACT PERMITTING REDACTION FEES FOR THE DISCLOSURE OF
1921 RECORDS CREATED BY POLICE BODY-WORN RECORDING
2022 EQUIPMENT OR DASHBOARD CAMERAS UNDER THE FREEDOM OF
2123 INFORMATION ACT.
2224 Be it enacted by the Senate and House of Representatives in General
2325 Assembly convened:
2426
2527 Section 1. Section 29-6d of the general statutes is repealed and the 1
2628 following is substituted in lieu thereof (Effective October 1, 2025): 2
2729 (a) For purposes of this section, [and] section 2 of this act and section 3
2830 7-277b: 4
2931 (1) "Law enforcement unit" has the same meaning as provided in 5
3032 section 7-294a; 6
3133 (2) "Police officer" means a sworn member of a law enforcement unit 7
3234 or any member of a law enforcement unit who performs police duties; 8
3335 (3) "Body-worn recording equipment" means an electronic recording 9
3436 device that is capable of recording audio and video; 10
35-(4) "Dashboard camera" means a dashboard camera with a remote 11 Committee Bill No. 973
37+(4) "Dashboard camera" means a dashboard camera with a remote 11
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4043 recorder, as defined in section 7-277b; 12
4144 (5) "Digital data storage device or service" means a device or service 13
4245 that retains the data from the recordings made by body-worn recording 14
4346 equipment using computer data storage; [and] 15
4447 (6) "Police patrol vehicle" means any state or local police vehicle other 16
4548 than an administrative vehicle in which an occupant is wearing body-17
4649 worn camera equipment, a bicycle, a motor scooter, an all-terrain 18
4750 vehicle, an electric personal assistive mobility device, as defined in 19
4851 subsection (a) of section 14-289h, or an animal control vehicle; 20
4952 (7) "Freedom of Information Act" has the same meaning as provided 21
5053 in section 1-200; 22
5154 (8) "Requesting party" means the person requesting a record created 23
5255 using body-worn recording equipment or a dashboard camera pursuant 24
5356 to the Freedom of Information Act; 25
5457 (9) "Involved person" means (A) any individual depicted in the 26
5558 record created using body-worn recording equipment or a dashboard 27
5659 camera, (B) any individual directly involved in the incident that led to 28
5760 the police officer being called to respond, or (C) any police officer 29
5861 responding to such incident, including the police officer whose body-30
5962 worn recording equipment or dashboard camera created the record; and 31
6063 (10) "Redact" means to obscure, pixelate or mute any portion of a 32
6164 record created using body-worn recording equipment or a dashboard 33
6265 camera. 34
6366 (b) The Commissioner of Emergency Services and Public Protection 35
6467 and the Police Officer Standards and Training Council shall jointly 36
6568 evaluate and approve the minimal technical specifications of body-worn 37
6669 recording equipment that shall be worn by police officers pursuant to 38
6770 this section, dashboard cameras that shall be used in each police patrol 39
6871 vehicle and digital data storage devices or services that shall be used by 40
69-a law enforcement unit to retain the data from the recordings made by 41 Committee Bill No. 973
72+a law enforcement unit to retain the data from the recordings made by 41
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7478 such equipment. The commissioner and council shall make such 42
7579 minimal technical specifications available to each law enforcement unit 43
7680 in a manner determined by the commissioner and council. The 44
7781 commissioner and council may revise the minimal technical 45
7882 specifications when the commissioner and council determine that 46
7983 revisions to such specifications are necessary. 47
8084 (c) (1) Each police officer shall use body-worn recording equipment 48
8185 while interacting with the public in such sworn member's law 49
8286 enforcement capacity, except as provided in subsection (g) of this 50
8387 section, or in the case of a municipal police department, in accordance 51
8488 with the department's policy adopted by the department and based on 52
8589 guidelines maintained pursuant to subsection (j) of this section, 53
8690 concerning the use of body-worn recording equipment. 54
8791 (2) Each police officer shall wear body-worn recording equipment on 55
8892 such officer's outer-most garment and shall position such equipment 56
8993 above the midline of such officer's torso when using such equipment. 57
9094 (3) Body-worn recording equipment used pursuant to this section 58
9195 shall conform to the minimal technical specifications approved 59
9296 pursuant to subsection (b) of this section, except that a police officer may 60
9397 use body-worn recording equipment that does not conform to the 61
9498 minimal technical specifications approved pursuant to subsection (b) of 62
9599 this section, if such equipment was purchased prior to January 1, 2016, 63
96100 by the law enforcement unit employing such officer. 64
97101 (4) Each law enforcement unit shall require usage of a dashboard 65
98102 camera in each police patrol vehicle used by any police officer employed 66
99103 by such unit in accordance with the unit's policy adopted by the unit 67
100104 and based on guidelines maintained pursuant to subsection (j) of this 68
101105 section, concerning dashboard cameras. 69
102106 (d) Except as required by state or federal law, no person employed by 70
103107 a law enforcement unit shall edit, erase, copy, share or otherwise alter 71
104108 or distribute in any manner any recording made by body-worn 72
105-recording equipment or a dashboard camera or the data from such 73 Committee Bill No. 973
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114+recording equipment or a dashboard camera or the data from such 73
110115 recording. 74
111116 (e) A police officer may review a recording from his or her body-worn 75
112117 recording equipment or a dashboard camera in order to assist such 76
113118 officer with the preparation of a report or otherwise in the performance 77
114119 of his or her duties. 78
115120 (f) (1) If a police officer is giving a formal statement about the use of 79
116121 force or if a police officer is the subject of a disciplinary investigation in 80
117122 which a recording from body-worn recording equipment or a 81
118123 dashboard camera is being considered as part of a review of an incident, 82
119124 the officer shall have the right to review (A) such recording in the 83
120125 presence of the officer's attorney or labor representative, and (B) 84
121126 recordings from other body-worn recording equipment capturing the 85
122127 officer's image or voice during the incident. Not later than forty-eight 86
123128 hours following an officer's review of a recording under subparagraph 87
124129 (A) of this subdivision, or if the officer does not review the recording, 88
125130 not later than ninety-six hours following the initiation of such 89
126131 disciplinary investigation, whichever is earlier, such recording shall be 90
127132 disclosed, upon request, to the public, subject to the provisions of 91
128133 subsection (g) of this section. Public disclosure may be delayed if the 92
129134 officer, due to a medical or physical response or an acute psychological 93
130135 stress response to the incident, is not reasonably able to review a 94
131136 recording under this subdivision, but in no event shall disclosure be 95
132137 delayed more than one hundred forty-four hours following the 96
133138 recorded event. 97
134139 (2) If a request is made for public disclosure of a recording from body-98
135140 worn recording equipment or a dashboard camera of an incident about 99
136141 which (A) a police officer has not been asked to give a formal statement 100
137142 about the alleged use of force, or (B) a disciplinary investigation has not 101
138143 been initiated, any police officer whose image or voice is captured on 102
139144 the recording shall have the right to review such recording in the 103
140145 presence of the officer's attorney or labor representative. Not later than 104
141-forty-eight hours following an officer's review of a recording under this 105
142-subdivision, or if the officer does not review the recording, not later than 106 Committee Bill No. 973
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151+forty-eight hours following an officer's review of a recording under this 105
152+subdivision, or if the officer does not review the recording, not later than 106
147153 ninety-six hours following the request for disclosure, whichever is 107
148154 earlier, such recording shall be disclosed to the public, subject to the 108
149155 provisions of subsection (g) of this section. Public disclosure may be 109
150156 delayed if the officer, due to a medical or physical response or an acute 110
151157 psychological stress response to the incident, is not reasonably able to 111
152158 review a recording under this subdivision, but in no event shall 112
153159 disclosure be delayed more than one hundred forty-four hours 113
154160 following the recorded event. 114
155161 (g) (1) Except as otherwise provided by any agreement between a law 115
156162 enforcement unit and the federal government, no police officer shall use 116
157163 body-worn recording equipment or a dashboard camera, if applicable, 117
158164 to intentionally record (A) a communication with other law enforcement 118
159165 unit personnel, except that which may be recorded as the officer 119
160166 performs his or her duties, (B) an encounter with an undercover officer 120
161167 or informant or an officer performing detective work described in 121
162168 guidelines developed pursuant to subsection (j) of this section, (C) when 122
163169 an officer is on break or is otherwise engaged in a personal activity, (D) 123
164170 a person undergoing a medical or psychological evaluation, procedure 124
165171 or treatment, (E) any person other than a suspect to a crime if an officer 125
166172 is wearing such equipment in a hospital or other medical facility setting, 126
167173 or (F) in a mental health facility, unless responding to a call involving a 127
168174 suspect to a crime who is thought to be present in the facility. 128
169175 (2) No record created using body-worn recording equipment or a 129
170176 dashboard camera of (A) an occurrence or situation described in 130
171177 subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, 131
172178 (B) a scene of an incident that involves (i) a victim of domestic or sexual 132
173179 abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an 133
174180 accident, if disclosure could reasonably be expected to constitute an 134
175181 unwarranted invasion of personal privacy in the case of any such victim 135
176182 described in this subparagraph, or (C) a minor, shall be subject to 136
177183 disclosure under the Freedom of Information Act, [as defined in section 137
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178189 1-200,] and any such record shall be confidential and redacted in 138
179190 accordance with section 2 of this act, except that (i) a record of an 139
180-involved person or the requesting party undergoing a medical or 140 Committee Bill No. 973
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191+involved person or the requesting party undergoing a medical or 140
185192 psychological evaluation, procedure or treatment shall be disclosed to 141
186193 such involved person or the requesting party, and (ii) a record of a minor 142
187194 shall be disclosed if [(i)] (I) the minor and the parent or guardian of such 143
188195 minor consent to the disclosure of such record, [(ii)] or, if the minor is 144
189196 an involved person, the minor's parent or guardian is the requesting 145
190197 party or an involved person, (II) a police officer is the subject of an 146
191198 allegation of misconduct made by such minor or the parent or guardian 147
192199 of such minor, and the person representing such officer in an 148
193200 investigation of such alleged misconduct requests disclosure of such 149
194201 record for the sole purpose of preparing a defense to such allegation, or 150
195202 [(iii)] (III) a person is charged with a crime and defense counsel for such 151
196203 person requests disclosure of such record for the sole purpose of 152
197204 assisting in such person's defense and the discovery of such record as 153
198205 evidence is otherwise discoverable. 154
199206 (h) No police officer shall use body-worn recording equipment prior 155
200207 to being trained in accordance with section 7-294s in the use of such 156
201208 equipment and in the retention of data created by such equipment. A 157
202209 law enforcement unit shall ensure that each police officer such unit 158
203210 employs receives such training at least annually and is trained on the 159
204211 proper care and maintenance of such equipment. 160
205212 (i) If a police officer is aware that any body-worn recording 161
206213 equipment or dashboard camera is lost, damaged or malfunctioning, 162
207214 such officer shall inform such officer's supervisor in writing as soon as 163
208215 is practicable. Upon receiving such information, the supervisor shall 164
209216 ensure that the body-worn recording equipment or dashboard camera 165
210217 is inspected and repaired or replaced, as necessary. Each police officer 166
211218 shall inspect and test body-worn recording equipment prior to each shift 167
212219 to verify proper functioning, and shall notify such officer's supervisor 168
213220 of any problems with such equipment. 169
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214226 (j) The Commissioner of Emergency Services and Public Protection 170
215227 and the Police Officer Standards and Training Council shall jointly 171
216228 maintain guidelines pertaining to the use of body-worn recording 172
217-equipment and dashboard cameras, including the type of detective 173 Committee Bill No. 973
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229+equipment and dashboard cameras, including the type of detective 173
222230 work an officer might engage in that should not be recorded, retention 174
223231 of data created by such equipment and dashboard cameras and methods 175
224232 for safe and secure storage of such data. On and after October 1, 2024, 176
225233 such guidelines shall contain provisions concerning under which 177
226234 circumstances an officer shall not pause recording on such equipment. 178
227235 The guidelines shall not require a law enforcement unit to store such 179
228236 data for a period longer than one year, except in the case where the unit 180
229237 knows the data is pertinent to any ongoing civil, criminal or 181
230238 administrative matter. Each law enforcement unit and any police officer 182
231239 and any other employee of such unit who may have access to such data 183
232240 shall adhere to such guidelines. The commissioner and council may 184
233241 update and reissue such guidelines, as the commissioner and council 185
234242 determine necessary. The commissioner and council shall, upon 186
235243 issuance of such guidelines or any update to such guidelines, submit 187
236244 such guidelines in accordance with the provisions of section 11-4a to the 188
237245 joint standing committees of the General Assembly having cognizance 189
238246 of matters relating to the judiciary and public safety. 190
239247 (k) (1) Not later than October 1, 2023, the Police Officer Standards and 191
240248 Training Council, in consultation with the Institute for Municipal and 192
241249 Regional Policy at The University of Connecticut, shall prescribe a form 193
242250 to be used by law enforcement units to report each unit's compliance 194
243251 with the provisions of subsection (c) of this section. Such form shall 195
244252 require the compilation of information including, but not limited to, (A) 196
245253 the number of body-worn recording devices in operation in a law 197
246254 enforcement unit, (B) the number of dashboard cameras in operation in 198
247255 a law enforcement unit, (C) the number of police patrol vehicles not 199
248256 equipped with a dashboard camera in a law enforcement unit and the 200
249257 reasons such vehicles are not so equipped, (D) information regarding 201
250258 any incidents in which a police officer of a law enforcement unit was 202
251259 found in an internal investigation conducted by such unit to have 203
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252265 violated such unit's policy regarding the use of body-worn recording 204
253266 equipment or dashboard cameras, and (E) any other information 205
254267 deemed necessary. 206
255-(2) Not later than January 1, 2024, and annually thereafter, each law 207 Committee Bill No. 973
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268+(2) Not later than January 1, 2024, and annually thereafter, each law 207
260269 enforcement unit shall submit a report on the form prescribed pursuant 208
261270 to subdivision (1) of this subsection concerning the unit's compliance 209
262271 with the provisions of subsection (c) of this section to the Institute for 210
263272 Municipal and Regional Policy at The University of Connecticut. The 211
264273 institute shall post such reports on the institute's Internet web site. 212
265274 (3) Not later than July 1, 2024, and annually thereafter, the Institute 213
266275 for Municipal and Regional Policy at The University of Connecticut 214
267276 shall, within available appropriations, review the reports submitted 215
268277 pursuant to subdivision (2) of this subsection, and report the results of 216
269278 such review and any recommendations as a result of such review to the 217
270279 Governor, the Police Officer Standards and Training Council, the 218
271280 Criminal Justice Policy and Planning Division within the Office of Policy 219
272281 and Management and, in accordance with the provisions of section 11-220
273282 4a, the joint standing committees of the General Assembly having 221
274283 cognizance of matters relating to the judiciary and public safety and 222
275284 security. 223
276285 Sec. 2. (NEW) (Effective October 1, 2025) (a) Except as provided in 224
277286 subsections (b) and (c) of this section, any public agency, as defined in 225
278287 section 1-200 of the general statutes, that maintains a copy of a record 226
279288 created using body-worn recording equipment or a dashboard camera 227
280289 pursuant to section 29-6d of the general statutes, as amended by this act, 228
281290 may charge the requesting party a redaction fee for any such record that 229
282291 requires redaction in accordance with the provisions of this section. 230
283292 Such fee shall compensate the public agency for the time spent redacting 231
284293 any portion of the requested record as required or authorized by state 232
285294 or federal law, including, but not limited to, the provisions of subsection 233
286295 (g) of section 29-6d of the general statutes, as amended by this act. Such 234
287296 fee shall be calculated as follows: 235
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288302 (1) The public agency shall not charge the requesting party for the 236
289303 time spent searching for the applicable record that is responsive to the 237
290304 request. 238
291-(2) The first four hours of labor costs incurred by the public agency in 239 Committee Bill No. 973
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305+(2) The first four hours of labor costs incurred by the public agency in 239
296306 redacting the requested record shall not be charged to the requesting 240
297307 party. 241
298308 (3) Except as provided in subsection (c) of this section, any additional 242
299309 labor costs associated with any time necessary to redact the requested 243
300310 record beyond the time set forth in subdivision (2) of this subsection 244
301311 may be charged to the requesting party at a rate not to exceed the hourly 245
302312 wage of the lowest-paid employee with the requisite training for 246
303313 redacting the responsive record. For purposes of this subdivision, the 247
304314 hourly wage of an employee shall be based upon the employee's base 248
305315 salary and shall not include benefits. The responding agency shall not 249
306316 charge the requesting party for the services of any attorney hired by the 250
307317 responding agency to conduct a second review of the requested record 251
308318 or any company providing digital management services to the 252
309319 responding agency. 253
310320 (4) Any fee charged to a requesting party under this subsection shall 254
311321 not exceed one hundred dollars per hour of the actual length of time of 255
312322 the record requested. In calculating the fee under this subsection, the 256
313323 public agency may round up the actual length of time of the record 257
314324 requested to the nearest half hour at a rate of fifty dollars per half hour. 258
315325 (5) If the amount to be charged to the requesting party in accordance 259
316326 with subdivision (3) of this subsection is estimated to exceed two 260
317327 hundred fifty dollars, the public agency shall inform the requesting 261
318328 party of the estimated fee and may require prepayment of such fee prior 262
319329 to redacting the requested record. If the amount of prepaid fees exceeds 263
320330 the actual labor costs incurred by the public agency in redacting the 264
321331 requested record, the public agency shall reimburse the requesting 265
322332 party for any difference between the prepaid amount and actual cost. 266
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323338 (b) The public agency shall waive any fee authorized under this 267
324339 section if required under subsection (d) of section 1-212 of the general 268
325340 statutes. 269
326341 (c) (1) A public agency shall not charge a fee to any requesting party 270
327-who is (A) an involved person in the record requested, (B) the parent or 271 Committee Bill No. 973
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342+who is (A) an involved person in the record requested, (B) the parent or 271
332343 legal guardian of an involved person, or (C) an attorney representing an 272
333344 involved person in any civil, criminal or administrative matter. 273
334345 (2) A public agency shall not charge a fee to any other requesting 274
335346 party if (A) the record depicts a police officer involved in a shooting, a 275
336347 police officer involved in a motor vehicle accident or a police officer 276
337348 giving a formal statement about the use of force, or (B) (i) there is an 277
338349 allegation of misconduct concerning the police officer involved, or (ii) 278
339350 the police officer involved is the subject of a disciplinary investigation, 279
340351 subject to any limitations on disclosure set forth in subsection (g) of 280
341352 section 29-6d of the general statutes, as amended by this act. 281
342353 (d) The public agency shall maintain an original, unredacted copy of 282
343354 any requested record that is redacted for public dissemination in 283
344355 accordance with the provisions of this section. 284
345356 (e) If the Freedom of Information Commission determines that a 285
346357 public agency has violated any provision of this section, the Freedom of 286
347358 Information Commission may order the public agency to refund any 287
348359 payment made under this section. 288
349360 Sec. 3. Subsections (a) and (b) of section 1-212 of the general statutes 289
350361 are repealed and the following is substituted in lieu thereof (Effective 290
351362 October 1, 2025): 291
352363 (a) Any person applying in writing shall receive, promptly upon 292
353364 request, a plain, facsimile, electronic or certified copy of any public 293
354365 record. The type of copy provided shall be within the discretion of the 294
355366 public agency, except (1) the agency shall provide a certified copy 295
356367 whenever requested, and (2) if the applicant does not have access to a 296
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357373 computer or facsimile machine, the public agency shall not send the 297
358374 applicant an electronic or facsimile copy. [The] Except as provided in 298
359375 section 2 of this act, the fee for any copy provided in accordance with 299
360376 the Freedom of Information Act: 300
361377 (A) By an executive, administrative or legislative office of the state, a 301
362-state agency or a department, institution, bureau, board, commission, 302 Committee Bill No. 973
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378+state agency or a department, institution, bureau, board, commission, 302
367379 authority or official of the state, including a committee of, or created by, 303
368380 such an office, agency, department, institution, bureau, board, 304
369381 commission, authority or official, and also including any judicial office, 305
370382 official or body or committee thereof but only in respect to its or their 306
371383 administrative functions, shall not exceed twenty-five cents per page; 307
372384 and 308
373385 (B) By all other public agencies, as defined in section 1-200, shall not 309
374386 exceed fifty cents per page. If any copy provided in accordance with said 310
375387 Freedom of Information Act requires a transcription, or if any person 311
376388 applies for a transcription of a public record, the fee for such 312
377389 transcription shall not exceed the cost thereof to the public agency. 313
378390 (b) The fee for any copy provided in accordance with subsection (a) 314
379391 of section 1-211 shall not exceed the cost thereof to the public agency. 315
380392 [In] Except as provided in section 2 of this act, in determining such costs 316
381393 for a copy, other than for a printout which exists at the time that the 317
382394 agency responds to the request for such copy, an agency may include 318
383395 only: 319
384396 (1) An amount equal to the hourly salary attributed to all agency 320
385397 employees engaged in providing the requested computer-stored public 321
386398 record, including their time performing the formatting or programming 322
387399 functions necessary to provide the copy as requested, but not including 323
388400 search or retrieval costs except as provided in subdivision (4) of this 324
389401 subsection; 325
390402 (2) An amount equal to the cost to the agency of engaging an outside 326
391403 professional electronic copying service to provide such copying 327
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392409 services, if such service is necessary to provide the copying as requested; 328
393410 (3) The actual cost of the storage devices or media provided to the 329
394411 person making the request in complying with such request; and 330
395412 (4) The computer time charges incurred by the agency in providing 331
396413 the requested computer-stored public record where another agency or 332
397-contractor provides the agency with computer storage and retrieval 333 Committee Bill No. 973
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414+contractor provides the agency with computer storage and retrieval 333
402415 services. Notwithstanding any other provision of this section, the fee for 334
403416 any copy of the names of registered voters shall not exceed three cents 335
404417 per name delivered or the cost thereof to the public agency, as 336
405418 determined pursuant to this subsection, whichever is less. The 337
406419 Department of Administrative Services shall provide guidelines to 338
407420 agencies regarding the calculation of the fees charged for copies of 339
408421 computer-stored public records to ensure that such fees are reasonable 340
409422 and consistent among agencies. 341
410423 This act shall take effect as follows and shall amend the following
411424 sections:
412425
413426 Section 1 October 1, 2025 29-6d
414427 Sec. 2 October 1, 2025 New section
415428 Sec. 3 October 1, 2025 1-212(a) and (b)
416429
417-GOS Joint Favorable
430+Statement of Purpose:
431+To authorize a public agency to charge a fee for the redaction of certain
432+records created by police body-worn recording equipment or
433+dashboard cameras as authorized under state or federal law prior to
434+disclosure under the Freedom of Information Act.
435+
436+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
437+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
438+underlined.]
439+
440+Co-Sponsors: SEN. GADKAR-WILCOX, 22nd Dist.
441+
442+S.B. 973
418443