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General Assembly Raised Bill No. 1229
January Session, 2025
LCO No. 3789
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING FEES FOR COPYING, REVIEWING AND
REDACTING RECORDS CREATED BY POLICE BODY-WORN
RECORDING EQUIPMENT AND DASHBOARD CAMERAS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-6d of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) For purposes of this section, [and] section 2 of this act and section 3
7-277b: 4
(1) "Law enforcement unit" has the same meaning as provided in 5
section 7-294a; 6
(2) "Police officer" means a sworn member of a law enforcement unit 7
or any member of a law enforcement unit who performs police duties; 8
(3) "Body-worn recording equipment" means an electronic recording 9
device that is capable of recording audio and video; 10
(4) "Dashboard camera" means a dashboard camera with a remote 11
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recorder, as defined in section 7-277b; 12
(5) "Digital data storage device or service" means a device or service 13
that retains the data from the recordings made by body-worn recording 14
equipment using computer data storage; [and] 15
(6) "Police patrol vehicle" means any state or local police vehicle other 16
than an administrative vehicle in which an occupant is wearing body-17
worn camera equipment, a bicycle, a motor scooter, an all-terrain 18
vehicle, an electric personal assistive mobility device, as defined in 19
subsection (a) of section 14-289h, or an animal control vehicle; 20
(7) "Freedom of Information Act" has the same meaning as provided 21
in section 1-200; 22
(8) "Requesting party" means the person requesting a record created 23
using body-worn recording equipment or a dashboard camera pursuant 24
to the Freedom of Information Act; 25
(9) "Involved person" means (A) any individual depicted in the 26
record created using body-worn recording equipment or a dashboard 27
camera, (B) any individual directly involved in the incident that led to 28
the police officer being called to respond, or (C) any police officer 29
responding to such incident, including the police officer whose body-30
worn recording equipment or dashboard camera created the record; and 31
(10) "Redact" means to obscure, pixelate or mute any portion of a 32
record created using body-worn recording equipment or a dashboard 33
camera. 34
(b) The Commissioner of Emergency Services and Public Protection 35
and the Police Officer Standards and Training Council shall jointly 36
evaluate and approve the minimal technical specifications of body-worn 37
recording equipment that shall be worn by police officers pursuant to 38
this section, dashboard cameras that shall be used in each police patrol 39
vehicle and digital data storage devices or services that shall be used by 40
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a law enforcement unit to retain the data from the recordings made by 41
such equipment. The commissioner and council shall make such 42
minimal technical specifications available to each law enforcement unit 43
in a manner determined by the commissioner and council. The 44
commissioner and council may revise the minimal technical 45
specifications when the commissioner and council determine that 46
revisions to such specifications are necessary. 47
(c) (1) Each police officer shall use body-worn recording equipment 48
while interacting with the public in such sworn member's law 49
enforcement capacity, except as provided in subsection (g) of this 50
section, or in the case of a municipal police department, in accordance 51
with the department's policy adopted by the department and based on 52
guidelines maintained pursuant to subsection (j) of this section, 53
concerning the use of body-worn recording equipment. 54
(2) Each police officer shall wear body-worn recording equipment on 55
such officer's outer-most garment and shall position such equipment 56
above the midline of such officer's torso when using such equipment. 57
(3) Body-worn recording equipment used pursuant to this section 58
shall conform to the minimal technical specifications approved 59
pursuant to subsection (b) of this section, except that a police officer may 60
use body-worn recording equipment that does not conform to the 61
minimal technical specifications approved pursuant to subsection (b) of 62
this section, if such equipment was purchased prior to January 1, 2016, 63
by the law enforcement unit employing such officer. 64
(4) Each law enforcement unit shall require usage of a dashboard 65
camera in each police patrol vehicle used by any police officer employed 66
by such unit in accordance with the unit's policy adopted by the unit 67
and based on guidelines maintained pursuant to subsection (j) of this 68
section, concerning dashboard cameras. 69
(d) Except as required by state or federal law, no person employed by 70
a law enforcement unit shall edit, erase, copy, share or otherwise alter 71
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or distribute in any manner any recording made by body-worn 72
recording equipment or a dashboard camera or the data from such 73
recording. 74
(e) A police officer may review a recording from his or her body-worn 75
recording equipment or a dashboard camera in order to assist such 76
officer with the preparation of a report or otherwise in the performance 77
of his or her duties. 78
(f) (1) If a police officer is giving a formal statement about the use of 79
force or if a police officer is the subject of a disciplinary investigation in 80
which a recording from body-worn recording equipment or a 81
dashboard camera is being considered as part of a review of an incident, 82
the officer shall have the right to review (A) such recording in the 83
presence of the officer's attorney or labor representative, and (B) 84
recordings from other body-worn recording equipment capturing the 85
officer's image or voice during the incident. Not later than forty-eight 86
hours following an officer's review of a recording under subparagraph 87
(A) of this subdivision, or if the officer does not review the recording, 88
not later than ninety-six hours following the initiation of such 89
disciplinary investigation, whichever is earlier, such recording shall be 90
disclosed, upon request, to the public, subject to the provisions of 91
subsection (g) of this section. Public disclosure may be delayed if the 92
officer, due to a medical or physical response or an acute psychological 93
stress response to the incident, is not reasonably able to review a 94
recording under this subdivision, but in no event shall disclosure be 95
delayed more than one hundred forty-four hours following the 96
recorded event. 97
(2) If a request is made for public disclosure of a recording from body-98
worn recording equipment or a dashboard camera of an incident about 99
which (A) a police officer has not been asked to give a formal statement 100
about the alleged use of force, or (B) a disciplinary investigation has not 101
been initiated, any police officer whose image or voice is captured on 102
the recording shall have the right to review such recording in the 103
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presence of the officer's attorney or labor representative. Not later than 104
forty-eight hours following an officer's review of a recording under this 105
subdivision, or if the officer does not review the recording, not later than 106
ninety-six hours following the request for disclosure, whichever is 107
earlier, such recording shall be disclosed to the public, subject to the 108
provisions of subsection (g) of this section. Public disclosure may be 109
delayed if the officer, due to a medical or physical response or an acute 110
psychological stress response to the incident, is not reasonably able to 111
review a recording under this subdivision, but in no event shall 112
disclosure be delayed more than one hundred forty-four hours 113
following the recorded event. 114
(g) (1) Except as otherwise provided by any agreement between a law 115
enforcement unit and the federal government, no police officer shall use 116
body-worn recording equipment or a dashboard camera, if applicable, 117
to intentionally record (A) a communication with other law enforcement 118
unit personnel, except that which may be recorded as the officer 119
performs his or her duties, (B) an encounter with an undercover officer 120
or informant or an officer performing detective work described in 121
guidelines developed pursuant to subsection (j) of this section, (C) when 122
an officer is on break or is otherwise engaged in a personal activity, (D) 123
a person undergoing a medical or psychological evaluation, procedure 124
or treatment, (E) any person other than a suspect to a crime if an officer 125
is wearing such equipment in a hospital or other medical facility setting, 126
or (F) in a mental health facility, unless responding to a call involving a 127
suspect to a crime who is thought to be present in the facility. 128
(2) No record created using body-worn recording equipment or a 129
dashboard camera of (A) an occurrence or situation described in 130
subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, 131
(B) a scene of an incident that involves (i) a victim of domestic or sexual 132
abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an 133
accident, if disclosure could reasonably be expected to constitute an 134
unwarranted invasion of personal privacy in the case of any such victim 135
described in this subparagraph, or (C) a minor, shall be subject to 136
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disclosure under the Freedom of Information Act, [as defined in section 137
1-200,] and any such record shall be confidential and redacted in 138
accordance with section 2 of this act, except that (i) a record of an 139
involved person or the requesting party undergoing a medical or 140
psychological evaluation, procedure or treatment shall be disclosed to 141
such involved person or the requesting party, and (ii) a record of a minor 142
shall be disclosed if [(i)] (I) the minor and the parent or guardian of such 143
minor consent to the disclosure of such record, [(ii)] or, if the minor is 144
an involved person, the minor's parent or guardian is the requesting 145
party or an involved person, (II) a police officer is the subject of an 146
allegation of misconduct made by such minor or the parent or guardian 147
of such minor, and the person representing such officer in an 148
investigation of such alleged misconduct requests disclosure of such 149
record for the sole purpose of preparing a defense to such allegation, or 150
[(iii)] (III) a person is charged with a crime and defense counsel for such 151
person requests disclosure of such record for the sole purpose of 152
assisting in such person's defense and the discovery of such record as 153
evidence is otherwise discoverable. 154
(h) No police officer shall use body-worn recording equipment prior 155
to being trained in accordance with section 7-294s in the use of such 156
equipment and in the retention of data created by such equipment. A 157
law enforcement unit shall ensure that each police officer such unit 158
employs receives such training at least annually and is trained on the 159
proper care and maintenance of such equipment. 160
(i) If a police officer is aware that any body-worn recording 161
equipment or dashboard camera is lost, damaged or malfunctioning, 162
such officer shall inform such officer's supervisor in writing as soon as 163
is practicable. Upon receiving such information, the supervisor shall 164
ensure that the body-worn recording equipment or dashboard camera 165
is inspected and repaired or replaced, as necessary. Each police officer 166
shall inspect and test body-worn recording equipment prior to each shift 167
to verify proper functioning, and shall notify such officer's supervisor 168
of any problems with such equipment. 169
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(j) The Commissioner of Emergency Services and Public Protection 170
and the Police Officer Standards and Training Council shall jointly 171
maintain guidelines pertaining to the use of body-worn recording 172
equipment and dashboard cameras, including the type of detective 173
work an officer might engage in that should not be recorded, retention 174
of data created by such equipment and dashboard cameras and methods 175
for safe and secure storage of such data. On and after October 1, 2024, 176
such guidelines shall contain provisions concerning under which 177
circumstances an officer shall not pause recording on such equipment. 178
The guidelines shall not require a law enforcement unit to store such 179
data for a period longer than one year, except in the case where the unit 180
knows the data is pertinent to any ongoing civil, criminal or 181
administrative matter. Each law enforcement unit and any police officer 182
and any other employee of such unit who may have access to such data 183
shall adhere to such guidelines. The commissioner and council may 184
update and reissue such guidelines, as the commissioner and council 185
determine necessary. The commissioner and council shall, upon 186
issuance of such guidelines or any update to such guidelines, submit 187
such guidelines in accordance with the provisions of section 11-4a to the 188
joint standing committees of the General Assembly having cognizance 189
of matters relating to the judiciary and public safety. 190
(k) (1) Not later than October 1, 2023, the Police Officer Standards and 191
Training Council, in consultation with the Institute for Municipal and 192
Regional Policy at The University of Connecticut, shall prescribe a form 193
to be used by law enforcement units to report each unit's compliance 194
with the provisions of subsection (c) of this section. Such form shall 195
require the compilation of information including, but not limited to, (A) 196
the number of body-worn recording devices in operation in a law 197
enforcement unit, (B) the number of dashboard cameras in operation in 198
a law enforcement unit, (C) the number of police patrol vehicles not 199
equipped with a dashboard camera in a law enforcement unit and the 200
reasons such vehicles are not so equipped, (D) information regarding 201
any incidents in which a police officer of a law enforcement unit was 202
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found in an internal investigation conducted by such unit to have 203
violated such unit's policy regarding the use of body-worn recording 204
equipment or dashboard cameras, and (E) any other information 205
deemed necessary. 206
(2) Not later than January 1, 2024, and annually thereafter, each law 207
enforcement unit shall submit a report on the form prescribed pursuant 208
to subdivision (1) of this subsection concerning the unit's compliance 209
with the provisions of subsection (c) of this section to the Institute for 210
Municipal and Regional Policy at The University of Connecticut. The 211
institute shall post such reports on the institute's Internet web site. 212
(3) Not later than July 1, 2024, and annually thereafter, the Institute 213
for Municipal and Regional Policy at The University of Connecticut 214
shall, within available appropriations, review the reports submitted 215
pursuant to subdivision (2) of this subsection, and report the results of 216
such review and any recommendations as a result of such review to the 217
Governor, the Police Officer Standards and Training Council, the 218
Criminal Justice Policy and Planning Division within the Office of Policy 219
and Management and, in accordance with the provisions of section 11-220
4a, the joint standing committees of the General Assembly having 221
cognizance of matters relating to the judiciary and public safety and 222
security. 223
Sec. 2. (NEW) (Effective October 1, 2025) (a) Except as provided in 224
subsections (b) and (c) of this section, any public agency, as defined in 225
section 1-200 of the general statutes, that maintains a copy of a record 226
created using body-worn recording equipment or a dashboard camera 227
pursuant to section 29-6d of the general statutes, as amended by this act, 228
may charge the requesting party a redaction fee for any such record that 229
requires redaction in accordance with the provisions of this section. 230
Such fee shall compensate the public agency for the time spent redacting 231
any portion of the requested record as required or authorized by state 232
or federal law, including, but not limited to, the provisions of subsection 233
(g) of section 29-6d of the general statutes, as amended by this act. Such 234
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fee shall be calculated as follows: 235
(1) The public agency shall not charge the requesting party for the 236
time spent searching for the applicable record that is responsive to the 237
request. 238
(2) The first four hours of labor costs incurred by the public agency in 239
redacting the requested record shall not be charged to the requesting 240
party. 241
(3) Except as provided in subsection (c) of this section, any additional 242
labor costs associated with any time necessary to redact the requested 243
record beyond the time set forth in subdivision (2) of this subsection 244
may be charged to the requesting party at a rate not to exceed the hourly 245
wage of the lowest-paid employee with the requisite training for 246
redacting the responsive record. For purposes of this subdivision, the 247
hourly wage of an employee shall be based upon the employee's base 248
salary and shall not include benefits. The responding agency shall not 249
charge the requesting party for the services of any attorney hired by the 250
responding agency to conduct a second review of the requested record 251
or any company providing digital management services to the 252
responding agency. 253
(4) Any fee charged to a requesting party under this subsection shall 254
not exceed one hundred dollars per hour of the actual length of time of 255
the record requested. In calculating the fee under this subsection, the 256
public agency may round up the actual length of time of the record 257
requested to the nearest half hour at a rate of fifty dollars per half hour. 258
(5) If the amount to be charged to the requesting party in accordance 259
with subdivision (3) of this subsection is estimated to exceed two 260
hundred fifty dollars, the public agency shall inform the requesting 261
party of the estimated fee and may require prepayment of such fee prior 262
to redacting the requested record. If the amount of prepaid fees exceeds 263
the actual labor costs incurred by the public agency in redacting the 264
requested record, the public agency shall reimburse the requesting 265
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party for any difference between the prepaid amount and actual cost. 266
(b) The public agency shall waive any fee authorized under this 267
section if required under subsection (d) of section 1-212 of the general 268
statutes. 269
(c) (1) A public agency shall not charge a fee to any requesting party 270
who is (A) an involved person in the record requested, (B) the parent or 271
legal guardian of an involved person, or (C) an attorney representing an 272
involved person in any civil, criminal or administrative matter. 273
(2) A public agency shall not charge a fee to any other requesting 274
party if (A) the record depicts a police officer involved in a shooting, a 275
police officer involved in a motor vehicle accident or a police officer 276
giving a formal statement about the use of force, or (B)(i) there is an 277
allegation of misconduct concerning the police officer involved, or (ii) 278
the police officer involved is the subject of a disciplinary investigation, 279
subject to any limitations on disclosure set forth in subsection (g) of 280
section 29-6d of the general statutes, as amended by this act. 281
(d) The public agency shall maintain an original, unredacted copy of 282
any requested record that is redacted for public dissemination in 283
accordance with the provisions of this section. 284
(e) If the Freedom of Information Commission determines that a 285
public agency has violated any provision of this section, the Freedom of 286
Information Commission may order the public agency to refund any 287
payment made under this section. 288
Sec. 3. Subsections (a) and (b) of section 1-212 of the general statutes 289
are repealed and the following is substituted in lieu thereof (Effective 290
October 1, 2025): 291
(a) Any person applying in writing shall receive, promptly upon 292
request, a plain, facsimile, electronic or certified copy of any public 293
record. The type of copy provided shall be within the discretion of the 294
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public agency, except (1) the agency shall provide a certified copy 295
whenever requested, and (2) if the applicant does not have access to a 296
computer or facsimile machine, the public agency shall not send the 297
applicant an electronic or facsimile copy. [The] Except as provided in 298
section 2 of this act, the fee for any copy provided in accordance with 299
the Freedom of Information Act: 300
(A) By an executive, administrative or legislative office of the state, a 301
state agency or a department, institution, bureau, board, commission, 302
authority or official of the state, including a committee of, or created by, 303
such an office, agency, department, institution, bureau, board, 304
commission, authority or official, and also including any judicial office, 305
official or body or committee thereof but only in respect to its or their 306
administrative functions, shall not exceed twenty-five cents per page; 307
and 308
(B) By all other public agencies, as defined in section 1-200, shall not 309
exceed fifty cents per page. If any copy provided in accordance with said 310
Freedom of Information Act requires a transcription, or if any person 311
applies for a transcription of a public record, the fee for such 312
transcription shall not exceed the cost thereof to the public agency. 313
(b) The fee for any copy provided in accordance with subsection (a) 314
of section 1-211 shall not exceed the cost thereof to the public agency. 315
[In] Except as provided in section 2 of this act, in determining such costs 316
for a copy, other than for a printout which exists at the time that the 317
agency responds to the request for such copy, an agency may include 318
only: 319
(1) An amount equal to the hourly salary attributed to all agency 320
employees engaged in providing the requested computer-stored public 321
record, including their time performing the formatting or programming 322
functions necessary to provide the copy as requested, but not including 323
search or retrieval costs except as provided in subdivision (4) of this 324
subsection; 325
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(2) An amount equal to the cost to the agency of engaging an outside 326
professional electronic copying service to provide such copying 327
services, if such service is necessary to provide the copying as requested; 328
(3) The actual cost of the storage devices or media provided to the 329
person making the request in complying with such request; and 330
(4) The computer time charges incurred by the agency in providing 331
the requested computer-stored public record where another agency or 332
contractor provides the agency with computer storage and retrieval 333
services. Notwithstanding any other provision of this section, the fee for 334
any copy of the names of registered voters shall not exceed three cents 335
per name delivered or the cost thereof to the public agency, as 336
determined pursuant to this subsection, whichever is less. The 337
Department of Administrative Services shall provide guidelines to 338
agencies regarding the calculation of the fees charged for copies of 339
computer-stored public records to ensure that such fees are reasonable 340
and consistent among agencies. 341
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 29-6d
Sec. 2 October 1, 2025 New section
Sec. 3 October 1, 2025 1-212(a) and (b)
Statement of Purpose:
To authorize a public agency to charge a redaction fee for the disclosure
of a record created by police body-worn equipment or dashboard
cameras that contains portions not authorized to be disclosed under
state or federal law.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]