Body-worn and dashboard cameras; delay in disclosing certain recordings restricted
Impact
The proposed amendments in HB10 outline that law enforcement agencies may only delay disclosure of recordings if it is determined that such disclosure would substantially interfere with an ongoing investigation or prosecution. This provision ensures that there are strict criteria for withholding recordings, mandating regular reassessments of the need for any delays and requiring agencies to notify requestors regarding the status of their requests. The maximum delay for disclosure is capped at six months from the date of the original request, providing a clearer timeframe for the public regarding the availability of such recordings.
Summary
House Bill 10 seeks to amend Section 36-21-213 of the Code of Alabama 1975, specifically regarding the disclosure of recordings made by body-worn and dashboard cameras used by law enforcement. Under current law, such recordings can only be disclosed to individuals whose image or voice is included within the recording. This bill aims to streamline the process of disclosure during ongoing investigations by limiting the circumstances under which law enforcement can delay the release of these recordings, thereby enhancing transparency in law enforcement activities.
Contention
The bill aims to strike a balance between the need for transparency in law enforcement and the necessity of safeguarding ongoing criminal investigations. However, this approach may lead to debate regarding the adequacy of the constraints placed on law enforcement agencies. Proponents of the bill argue that it fosters accountability by allowing quicker access to recordings, which are crucial for public trust. Conversely, opponents might contend that these changes could inadvertently compromise investigations by forcing premature disclosures that could jeopardize law enforcement efforts.
Day care centers; required to install and maintain video cameras; use of cameras and recordings, limited to certain circumstances; video recordings confidential except following incident of alleged abuse, neglect, harassment, or other inappropriate behavior; Dept. of Human Resources required to adopt rules
Criminal procedure; criminal convictions sealed under certain circumstances; procedures established; exceptions provided; civil cause of action established