SLS 16RS-254 ENGROSSED
2016 Regular Session
SENATE BILL NO. 398
BY SENATOR JOHNS
PUBLIC RECORDS. Exempts video or audio recordings generated by law enforcement
body worn cameras from Public Records Law. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 44:32(C)(1)(a) and to enact R.S. 44:3(A)(8) and (I), relative to
3 public records; to provide for records of law enforcement agencies; to provide for
4 recordings of body worn cameras; to provide for exceptions; to provide for
5 disclosure; to provide for costs; to provide for the contents of requests; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 44:32(C)(1)(a) is hereby amended and reenacted and R.S. 44:3(A)(8)
9 and (I) are hereby enacted to read as follows:
10 §3. Records of prosecutive, investigative, and law enforcement agencies, and
11 communications districts
12 A. Nothing in this Chapter shall be construed to require disclosures of
13 records, or the information contained therein, held by the offices of the attorney
14 general, district attorneys, sheriffs, police departments, Department of Public Safety
15 and Corrections, marshals, investigators, public health investigators, correctional
16 agencies, communications districts, intelligence agencies, or publicly owned water
17 districts of the state, which records are:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 398
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1 * * *
2 (8) Video or audio recordings generated by law enforcement officer body
3 worn cameras that are found by the custodian to violate an individual's
4 reasonable expectation of privacy.
5 (a) A body worn camera is a camera worn on an individual law
6 enforcement officer's person that records and stores audio and video.
7 (b) Body worn camera video or audio recordings that are determined by
8 the custodian to violate an individual's reasonable expectation of privacy may
9 be disclosed upon a determination and order from a court of competent
10 jurisdiction pursuant to R.S. 44:35.
11 (c) All costs of production associated with a court ordered disclosure
12 shall be set by the court.
13 * * *
14 I. All requests for production of video or audio recordings generated by
15 law enforcement officer body worn cameras shall be incident specific and shall
16 include reasonable specificity as to the date, time, location, or persons involved.
17 A request for multiple incidents shall include reasonable specificity as to the
18 date, time, location, or persons involved in each incident requested. The
19 custodian may deny a request not containing reasonable specificity.
20 * * *
21 §32. Duty to permit examination; prevention of alteration; payment for overtime;
22 copies provided; fees
23 * * *
24 C.(1)(a) For all public records, except public records of state agencies, it shall
25 be the duty of the custodian of such public records to provide copies to persons so
26 requesting. The custodian may establish and collect reasonable fees for making
27 copies of public records. The custodian may request payment of fees in advance
28 of production. Copies of records may be furnished without charge or at a reduced
29 charge to indigent citizens of this state.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 398
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ashley E. Menou.
DIGEST
SB 398 Engrossed 2016 Regular Session Johns
Present law excludes disclosure of certain records, of the offices of the attorney general,
district attorneys, sheriffs, police departments, Department of Public Safety and Corrections,
marshals, investigators, public health investigators, correctional agencies, communications
districts, intelligence agencies, or publicly owned water districts of the state.
Proposed law retains present law and adds that video or audio recordings generated by law
enforcement officer body worn cameras that are found by the custodian to violate an
individual's reasonable expectation of privacy are exempt from Public Records Law.
Proposed law defines body worn camera as a camera worn on an individual law enforcement
officer's person that records and stores audio and video.
Proposed law provides that body worn camera recordings that are determined by the
custodian to violate an individual's reasonable expectation may be disclosed upon a
determination and order from a court of competent jurisdiction.
Proposed law provides that the costs of production associated with such court-ordered
disclosures shall be set by the court.
Proposed law provides requests for production of recordings shall be incident specific and
shall include reasonable specificity as to date, time, location, or persons involved and
authorizes custodian to deny a request not containing reasonable specificity.
Present law allows a custodian of public records to establish and collect reasonable fees for
making copies of public records.
Proposed law retains present law and allows the custodian to request payment of fees for
making copies of public records in advance of production.
Effective August 1, 2016.
(Amends R.S. 44:32(C)(1)(a); adds R.S. 44:3(A)(8) and (I))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Changes what body worn camera audio or video recordings are excluded
from disclosure from recordings that are not subject of a pending criminal
proceeding to recordings that are found by the custodian to violate an
individual's reasonable expectation of privacy.
2. Allows body worn camera recordings that are determined to violate an
individual's reasonable expectation of privacy to be disclosed upon a
determination and order from a court.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 398
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3. Changes the way fees associated with court ordered disclosure of body worn
camera recordings are set and provides the fees will be set by the court.
4. Adds requirement of reasonable specificity in all requests for production of
recordings and allows a custodian to deny a request not containing
reasonable specificity.
5. Changes from requesting party shall pay costs prior to disclosure to may pay
costs in advance of production.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.