Connecticut 2025 Regular Session

Connecticut Senate Bill SB01229 Compare Versions

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55 General Assembly Raised Bill No. 1229
66 January Session, 2025
77 LCO No. 3789
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10-Referred to Committee on GOVERNMENT
11-ADMINISTRATION AND ELECTIONS
10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
1212
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1414 Introduced by:
1515 (GAE)
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1920 AN ACT CONCERNING FEES FOR COPYING, REVIEWING AND
2021 REDACTING RECORDS CREATED BY POLICE BODY-WORN
2122 RECORDING EQUIPMENT AND DASHBOARD CAMERAS.
2223 Be it enacted by the Senate and House of Representatives in General
2324 Assembly convened:
2425
2526 Section 1. Section 29-6d of the general statutes is repealed and the 1
2627 following is substituted in lieu thereof (Effective October 1, 2025): 2
2728 (a) For purposes of this section, [and] section 2 of this act and section 3
2829 7-277b: 4
2930 (1) "Law enforcement unit" has the same meaning as provided in 5
3031 section 7-294a; 6
3132 (2) "Police officer" means a sworn member of a law enforcement unit 7
3233 or any member of a law enforcement unit who performs police duties; 8
3334 (3) "Body-worn recording equipment" means an electronic recording 9
3435 device that is capable of recording audio and video; 10
35-(4) "Dashboard camera" means a dashboard camera with a remote 11 Raised Bill No. 1229
36+(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 Raised Bill No. 1229
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78+a law enforcement unit to retain the data from the recordings made by 41
7479 such equipment. The commissioner and council shall make such 42
7580 minimal technical specifications available to each law enforcement unit 43
7681 in a manner determined by the commissioner and council. The 44
7782 commissioner and council may revise the minimal technical 45
7883 specifications when the commissioner and council determine that 46
7984 revisions to such specifications are necessary. 47
8085 (c) (1) Each police officer shall use body-worn recording equipment 48
8186 while interacting with the public in such sworn member's law 49
8287 enforcement capacity, except as provided in subsection (g) of this 50
8388 section, or in the case of a municipal police department, in accordance 51
8489 with the department's policy adopted by the department and based on 52
8590 guidelines maintained pursuant to subsection (j) of this section, 53
8691 concerning the use of body-worn recording equipment. 54
8792 (2) Each police officer shall wear body-worn recording equipment on 55
8893 such officer's outer-most garment and shall position such equipment 56
8994 above the midline of such officer's torso when using such equipment. 57
9095 (3) Body-worn recording equipment used pursuant to this section 58
9196 shall conform to the minimal technical specifications approved 59
9297 pursuant to subsection (b) of this section, except that a police officer may 60
9398 use body-worn recording equipment that does not conform to the 61
9499 minimal technical specifications approved pursuant to subsection (b) of 62
95100 this section, if such equipment was purchased prior to January 1, 2016, 63
96101 by the law enforcement unit employing such officer. 64
97102 (4) Each law enforcement unit shall require usage of a dashboard 65
98103 camera in each police patrol vehicle used by any police officer employed 66
99104 by such unit in accordance with the unit's policy adopted by the unit 67
100105 and based on guidelines maintained pursuant to subsection (j) of this 68
101106 section, concerning dashboard cameras. 69
102107 (d) Except as required by state or federal law, no person employed by 70
103108 a law enforcement unit shall edit, erase, copy, share or otherwise alter 71
104-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 Raised Bill No. 1229
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115+or distribute in any manner any recording made by body-worn 72
116+recording equipment or a dashboard camera or the data from such 73
110117 recording. 74
111118 (e) A police officer may review a recording from his or her body-worn 75
112119 recording equipment or a dashboard camera in order to assist such 76
113120 officer with the preparation of a report or otherwise in the performance 77
114121 of his or her duties. 78
115122 (f) (1) If a police officer is giving a formal statement about the use of 79
116123 force or if a police officer is the subject of a disciplinary investigation in 80
117124 which a recording from body-worn recording equipment or a 81
118125 dashboard camera is being considered as part of a review of an incident, 82
119126 the officer shall have the right to review (A) such recording in the 83
120127 presence of the officer's attorney or labor representative, and (B) 84
121128 recordings from other body-worn recording equipment capturing the 85
122129 officer's image or voice during the incident. Not later than forty-eight 86
123130 hours following an officer's review of a recording under subparagraph 87
124131 (A) of this subdivision, or if the officer does not review the recording, 88
125132 not later than ninety-six hours following the initiation of such 89
126133 disciplinary investigation, whichever is earlier, such recording shall be 90
127134 disclosed, upon request, to the public, subject to the provisions of 91
128135 subsection (g) of this section. Public disclosure may be delayed if the 92
129136 officer, due to a medical or physical response or an acute psychological 93
130137 stress response to the incident, is not reasonably able to review a 94
131138 recording under this subdivision, but in no event shall disclosure be 95
132139 delayed more than one hundred forty-four hours following the 96
133140 recorded event. 97
134141 (2) If a request is made for public disclosure of a recording from body-98
135142 worn recording equipment or a dashboard camera of an incident about 99
136143 which (A) a police officer has not been asked to give a formal statement 100
137144 about the alleged use of force, or (B) a disciplinary investigation has not 101
138145 been initiated, any police officer whose image or voice is captured on 102
139146 the recording shall have the right to review such recording in the 103
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140153 presence of the officer's attorney or labor representative. Not later than 104
141154 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 Raised Bill No. 1229
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155+subdivision, or if the officer does not review the recording, not later than 106
147156 ninety-six hours following the request for disclosure, whichever is 107
148157 earlier, such recording shall be disclosed to the public, subject to the 108
149158 provisions of subsection (g) of this section. Public disclosure may be 109
150159 delayed if the officer, due to a medical or physical response or an acute 110
151160 psychological stress response to the incident, is not reasonably able to 111
152161 review a recording under this subdivision, but in no event shall 112
153162 disclosure be delayed more than one hundred forty-four hours 113
154163 following the recorded event. 114
155164 (g) (1) Except as otherwise provided by any agreement between a law 115
156165 enforcement unit and the federal government, no police officer shall use 116
157166 body-worn recording equipment or a dashboard camera, if applicable, 117
158167 to intentionally record (A) a communication with other law enforcement 118
159168 unit personnel, except that which may be recorded as the officer 119
160169 performs his or her duties, (B) an encounter with an undercover officer 120
161170 or informant or an officer performing detective work described in 121
162171 guidelines developed pursuant to subsection (j) of this section, (C) when 122
163172 an officer is on break or is otherwise engaged in a personal activity, (D) 123
164173 a person undergoing a medical or psychological evaluation, procedure 124
165174 or treatment, (E) any person other than a suspect to a crime if an officer 125
166175 is wearing such equipment in a hospital or other medical facility setting, 126
167176 or (F) in a mental health facility, unless responding to a call involving a 127
168177 suspect to a crime who is thought to be present in the facility. 128
169178 (2) No record created using body-worn recording equipment or a 129
170179 dashboard camera of (A) an occurrence or situation described in 130
171180 subparagraphs (A) to (F), inclusive, of subdivision (1) of this subsection, 131
172181 (B) a scene of an incident that involves (i) a victim of domestic or sexual 132
173182 abuse, (ii) a victim of homicide or suicide, or (iii) a deceased victim of an 133
174183 accident, if disclosure could reasonably be expected to constitute an 134
175184 unwarranted invasion of personal privacy in the case of any such victim 135
176185 described in this subparagraph, or (C) a minor, shall be subject to 136
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177192 disclosure under the Freedom of Information Act, [as defined in section 137
178193 1-200,] and any such record shall be confidential and redacted in 138
179194 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 Raised Bill No. 1229
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195+involved person or the requesting party undergoing a medical or 140
185196 psychological evaluation, procedure or treatment shall be disclosed to 141
186197 such involved person or the requesting party, and (ii) a record of a minor 142
187198 shall be disclosed if [(i)] (I) the minor and the parent or guardian of such 143
188199 minor consent to the disclosure of such record, [(ii)] or, if the minor is 144
189200 an involved person, the minor's parent or guardian is the requesting 145
190201 party or an involved person, (II) a police officer is the subject of an 146
191202 allegation of misconduct made by such minor or the parent or guardian 147
192203 of such minor, and the person representing such officer in an 148
193204 investigation of such alleged misconduct requests disclosure of such 149
194205 record for the sole purpose of preparing a defense to such allegation, or 150
195206 [(iii)] (III) a person is charged with a crime and defense counsel for such 151
196207 person requests disclosure of such record for the sole purpose of 152
197208 assisting in such person's defense and the discovery of such record as 153
198209 evidence is otherwise discoverable. 154
199210 (h) No police officer shall use body-worn recording equipment prior 155
200211 to being trained in accordance with section 7-294s in the use of such 156
201212 equipment and in the retention of data created by such equipment. A 157
202213 law enforcement unit shall ensure that each police officer such unit 158
203214 employs receives such training at least annually and is trained on the 159
204215 proper care and maintenance of such equipment. 160
205216 (i) If a police officer is aware that any body-worn recording 161
206217 equipment or dashboard camera is lost, damaged or malfunctioning, 162
207218 such officer shall inform such officer's supervisor in writing as soon as 163
208219 is practicable. Upon receiving such information, the supervisor shall 164
209220 ensure that the body-worn recording equipment or dashboard camera 165
210221 is inspected and repaired or replaced, as necessary. Each police officer 166
211222 shall inspect and test body-worn recording equipment prior to each shift 167
212223 to verify proper functioning, and shall notify such officer's supervisor 168
213224 of any problems with such equipment. 169
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214231 (j) The Commissioner of Emergency Services and Public Protection 170
215232 and the Police Officer Standards and Training Council shall jointly 171
216233 maintain guidelines pertaining to the use of body-worn recording 172
217-equipment and dashboard cameras, including the type of detective 173 Raised Bill No. 1229
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234+equipment and dashboard cameras, including the type of detective 173
222235 work an officer might engage in that should not be recorded, retention 174
223236 of data created by such equipment and dashboard cameras and methods 175
224237 for safe and secure storage of such data. On and after October 1, 2024, 176
225238 such guidelines shall contain provisions concerning under which 177
226239 circumstances an officer shall not pause recording on such equipment. 178
227240 The guidelines shall not require a law enforcement unit to store such 179
228241 data for a period longer than one year, except in the case where the unit 180
229242 knows the data is pertinent to any ongoing civil, criminal or 181
230243 administrative matter. Each law enforcement unit and any police officer 182
231244 and any other employee of such unit who may have access to such data 183
232245 shall adhere to such guidelines. The commissioner and council may 184
233246 update and reissue such guidelines, as the commissioner and council 185
234247 determine necessary. The commissioner and council shall, upon 186
235248 issuance of such guidelines or any update to such guidelines, submit 187
236249 such guidelines in accordance with the provisions of section 11-4a to the 188
237250 joint standing committees of the General Assembly having cognizance 189
238251 of matters relating to the judiciary and public safety. 190
239252 (k) (1) Not later than October 1, 2023, the Police Officer Standards and 191
240253 Training Council, in consultation with the Institute for Municipal and 192
241254 Regional Policy at The University of Connecticut, shall prescribe a form 193
242255 to be used by law enforcement units to report each unit's compliance 194
243256 with the provisions of subsection (c) of this section. Such form shall 195
244257 require the compilation of information including, but not limited to, (A) 196
245258 the number of body-worn recording devices in operation in a law 197
246259 enforcement unit, (B) the number of dashboard cameras in operation in 198
247260 a law enforcement unit, (C) the number of police patrol vehicles not 199
248261 equipped with a dashboard camera in a law enforcement unit and the 200
249262 reasons such vehicles are not so equipped, (D) information regarding 201
250263 any incidents in which a police officer of a law enforcement unit was 202
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251270 found in an internal investigation conducted by such unit to have 203
252271 violated such unit's policy regarding the use of body-worn recording 204
253272 equipment or dashboard cameras, and (E) any other information 205
254273 deemed necessary. 206
255-(2) Not later than January 1, 2024, and annually thereafter, each law 207 Raised Bill No. 1229
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274+(2) Not later than January 1, 2024, and annually thereafter, each law 207
260275 enforcement unit shall submit a report on the form prescribed pursuant 208
261276 to subdivision (1) of this subsection concerning the unit's compliance 209
262277 with the provisions of subsection (c) of this section to the Institute for 210
263278 Municipal and Regional Policy at The University of Connecticut. The 211
264279 institute shall post such reports on the institute's Internet web site. 212
265280 (3) Not later than July 1, 2024, and annually thereafter, the Institute 213
266281 for Municipal and Regional Policy at The University of Connecticut 214
267282 shall, within available appropriations, review the reports submitted 215
268283 pursuant to subdivision (2) of this subsection, and report the results of 216
269284 such review and any recommendations as a result of such review to the 217
270285 Governor, the Police Officer Standards and Training Council, the 218
271286 Criminal Justice Policy and Planning Division within the Office of Policy 219
272287 and Management and, in accordance with the provisions of section 11-220
273288 4a, the joint standing committees of the General Assembly having 221
274289 cognizance of matters relating to the judiciary and public safety and 222
275290 security. 223
276291 Sec. 2. (NEW) (Effective October 1, 2025) (a) Except as provided in 224
277292 subsections (b) and (c) of this section, any public agency, as defined in 225
278293 section 1-200 of the general statutes, that maintains a copy of a record 226
279294 created using body-worn recording equipment or a dashboard camera 227
280295 pursuant to section 29-6d of the general statutes, as amended by this act, 228
281296 may charge the requesting party a redaction fee for any such record that 229
282297 requires redaction in accordance with the provisions of this section. 230
283298 Such fee shall compensate the public agency for the time spent redacting 231
284299 any portion of the requested record as required or authorized by state 232
285300 or federal law, including, but not limited to, the provisions of subsection 233
286301 (g) of section 29-6d of the general statutes, as amended by this act. Such 234
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287308 fee shall be calculated as follows: 235
288309 (1) The public agency shall not charge the requesting party for the 236
289310 time spent searching for the applicable record that is responsive to the 237
290311 request. 238
291-(2) The first four hours of labor costs incurred by the public agency in 239 Raised Bill No. 1229
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312+(2) The first four hours of labor costs incurred by the public agency in 239
296313 redacting the requested record shall not be charged to the requesting 240
297314 party. 241
298315 (3) Except as provided in subsection (c) of this section, any additional 242
299316 labor costs associated with any time necessary to redact the requested 243
300317 record beyond the time set forth in subdivision (2) of this subsection 244
301318 may be charged to the requesting party at a rate not to exceed the hourly 245
302319 wage of the lowest-paid employee with the requisite training for 246
303320 redacting the responsive record. For purposes of this subdivision, the 247
304321 hourly wage of an employee shall be based upon the employee's base 248
305322 salary and shall not include benefits. The responding agency shall not 249
306323 charge the requesting party for the services of any attorney hired by the 250
307324 responding agency to conduct a second review of the requested record 251
308325 or any company providing digital management services to the 252
309326 responding agency. 253
310327 (4) Any fee charged to a requesting party under this subsection shall 254
311328 not exceed one hundred dollars per hour of the actual length of time of 255
312329 the record requested. In calculating the fee under this subsection, the 256
313330 public agency may round up the actual length of time of the record 257
314331 requested to the nearest half hour at a rate of fifty dollars per half hour. 258
315332 (5) If the amount to be charged to the requesting party in accordance 259
316333 with subdivision (3) of this subsection is estimated to exceed two 260
317334 hundred fifty dollars, the public agency shall inform the requesting 261
318335 party of the estimated fee and may require prepayment of such fee prior 262
319336 to redacting the requested record. If the amount of prepaid fees exceeds 263
320337 the actual labor costs incurred by the public agency in redacting the 264
321338 requested record, the public agency shall reimburse the requesting 265
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322345 party for any difference between the prepaid amount and actual cost. 266
323346 (b) The public agency shall waive any fee authorized under this 267
324347 section if required under subsection (d) of section 1-212 of the general 268
325348 statutes. 269
326349 (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 Raised Bill No. 1229
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350+who is (A) an involved person in the record requested, (B) the parent or 271
332351 legal guardian of an involved person, or (C) an attorney representing an 272
333352 involved person in any civil, criminal or administrative matter. 273
334353 (2) A public agency shall not charge a fee to any other requesting 274
335354 party if (A) the record depicts a police officer involved in a shooting, a 275
336355 police officer involved in a motor vehicle accident or a police officer 276
337356 giving a formal statement about the use of force, or (B)(i) there is an 277
338357 allegation of misconduct concerning the police officer involved, or (ii) 278
339358 the police officer involved is the subject of a disciplinary investigation, 279
340359 subject to any limitations on disclosure set forth in subsection (g) of 280
341360 section 29-6d of the general statutes, as amended by this act. 281
342361 (d) The public agency shall maintain an original, unredacted copy of 282
343362 any requested record that is redacted for public dissemination in 283
344363 accordance with the provisions of this section. 284
345364 (e) If the Freedom of Information Commission determines that a 285
346365 public agency has violated any provision of this section, the Freedom of 286
347366 Information Commission may order the public agency to refund any 287
348367 payment made under this section. 288
349368 Sec. 3. Subsections (a) and (b) of section 1-212 of the general statutes 289
350369 are repealed and the following is substituted in lieu thereof (Effective 290
351370 October 1, 2025): 291
352371 (a) Any person applying in writing shall receive, promptly upon 292
353372 request, a plain, facsimile, electronic or certified copy of any public 293
354373 record. The type of copy provided shall be within the discretion of the 294
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355380 public agency, except (1) the agency shall provide a certified copy 295
356381 whenever requested, and (2) if the applicant does not have access to a 296
357382 computer or facsimile machine, the public agency shall not send the 297
358383 applicant an electronic or facsimile copy. [The] Except as provided in 298
359384 section 2 of this act, the fee for any copy provided in accordance with 299
360385 the Freedom of Information Act: 300
361386 (A) By an executive, administrative or legislative office of the state, a 301
362-state agency or a department, institution, bureau, board, commission, 302 Raised Bill No. 1229
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387+state agency or a department, institution, bureau, board, commission, 302
367388 authority or official of the state, including a committee of, or created by, 303
368389 such an office, agency, department, institution, bureau, board, 304
369390 commission, authority or official, and also including any judicial office, 305
370391 official or body or committee thereof but only in respect to its or their 306
371392 administrative functions, shall not exceed twenty-five cents per page; 307
372393 and 308
373394 (B) By all other public agencies, as defined in section 1-200, shall not 309
374395 exceed fifty cents per page. If any copy provided in accordance with said 310
375396 Freedom of Information Act requires a transcription, or if any person 311
376397 applies for a transcription of a public record, the fee for such 312
377398 transcription shall not exceed the cost thereof to the public agency. 313
378399 (b) The fee for any copy provided in accordance with subsection (a) 314
379400 of section 1-211 shall not exceed the cost thereof to the public agency. 315
380401 [In] Except as provided in section 2 of this act, in determining such costs 316
381402 for a copy, other than for a printout which exists at the time that the 317
382403 agency responds to the request for such copy, an agency may include 318
383404 only: 319
384405 (1) An amount equal to the hourly salary attributed to all agency 320
385406 employees engaged in providing the requested computer-stored public 321
386407 record, including their time performing the formatting or programming 322
387408 functions necessary to provide the copy as requested, but not including 323
388409 search or retrieval costs except as provided in subdivision (4) of this 324
389410 subsection; 325
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390417 (2) An amount equal to the cost to the agency of engaging an outside 326
391418 professional electronic copying service to provide such copying 327
392419 services, if such service is necessary to provide the copying as requested; 328
393420 (3) The actual cost of the storage devices or media provided to the 329
394421 person making the request in complying with such request; and 330
395422 (4) The computer time charges incurred by the agency in providing 331
396423 the requested computer-stored public record where another agency or 332
397-contractor provides the agency with computer storage and retrieval 333 Raised Bill No. 1229
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402425 services. Notwithstanding any other provision of this section, the fee for 334
403426 any copy of the names of registered voters shall not exceed three cents 335
404427 per name delivered or the cost thereof to the public agency, as 336
405428 determined pursuant to this subsection, whichever is less. The 337
406429 Department of Administrative Services shall provide guidelines to 338
407430 agencies regarding the calculation of the fees charged for copies of 339
408431 computer-stored public records to ensure that such fees are reasonable 340
409432 and consistent among agencies. 341
410433 This act shall take effect as follows and shall amend the following
411434 sections:
412435
413436 Section 1 October 1, 2025 29-6d
414437 Sec. 2 October 1, 2025 New section
415438 Sec. 3 October 1, 2025 1-212(a) and (b)
416439
417-GAE Joint Favorable
440+Statement of Purpose:
441+To authorize a public agency to charge a redaction fee for the disclosure
442+of a record created by police body-worn equipment or dashboard
443+cameras that contains portions not authorized to be disclosed under
444+state or federal law.
445+
446+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
447+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
448+underlined.]
418449