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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0031* | |
9 | 6 | ||
10 | 7 | SENATE BILL 31 | |
11 | 8 | P3, E4 2lr0542 | |
12 | 9 | SB 690/21 – JPR (PRE–FILED) | |
13 | 10 | By: Senator Sydnor | |
14 | 11 | Requested: September 23, 2021 | |
15 | 12 | Introduced and read first time: January 12, 2022 | |
16 | 13 | Assigned to: Judicial Proceedings | |
17 | - | Committee Report: Favorable | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: February 22, 2022 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | 19 | Public Information Act – Inspection of Records From Body–Worn Digital 2 | |
26 | 20 | Recording Devices 3 | |
27 | 21 | ||
28 | 22 | FOR the purpose of establishing certain requirements for a custodian of records related to 4 | |
29 | 23 | certain recordings from a certain body–worn digital recording device worn by a law 5 | |
30 | 24 | enforcement officer; requiring the Maryland Police Training and Standards 6 | |
31 | 25 | Commission to develop certain uniform standards and policies in consultation with 7 | |
32 | 26 | certain groups; and generally relating to the inspection of recordings from body–worn 8 | |
33 | 27 | digital recording devices worn by law enforcement officers. 9 | |
34 | 28 | ||
35 | 29 | BY repealing and reenacting, with amendments, 10 | |
36 | 30 | Article – General Provisions 11 | |
37 | 31 | Section 4–101 12 | |
38 | 32 | Annotated Code of Maryland 13 | |
39 | 33 | (2019 Replacement Volume and 2021 Supplement) 14 | |
40 | 34 | ||
41 | 35 | BY adding to 15 | |
42 | 36 | Article – General Provisions 16 | |
43 | 37 | Section 4–357 17 | |
44 | 38 | Annotated Code of Maryland 18 | |
45 | 39 | (2019 Replacement Volume and 2021 Supplement) 19 | |
46 | 40 | ||
47 | 41 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
48 | - | That the Laws of Maryland read as follows: 21 2 SENATE BILL 31 | |
42 | + | That the Laws of Maryland read as follows: 21 | |
43 | + | ||
44 | + | Article – General Provisions 22 | |
45 | + | ||
46 | + | 4–101. 23 | |
47 | + | ||
48 | + | (a) In this title the following words have the meanings indicated. 24 2 SENATE BILL 31 | |
49 | 49 | ||
50 | 50 | ||
51 | 51 | ||
52 | - | Article – General Provisions 1 | |
52 | + | (b) “Applicant” means a person or governmental unit that asks to inspect a public 1 | |
53 | + | record. 2 | |
53 | 54 | ||
54 | - | ||
55 | + | (c) “Board” means the State Public Information Act Compliance Board. 3 | |
55 | 56 | ||
56 | - | (a) In this title the following words have the meanings indicated. 3 | |
57 | + | (D) “BODY–WORN DIGITAL RECORDI NG DEVICE” HAS THE MEANING STAT ED 4 | |
58 | + | IN § 10–402 OF THE COURTS ARTICLE. 5 | |
57 | 59 | ||
58 | - | (b) “Applicant” means a person or governmental unit that asks to inspect a public 4 | |
59 | - | record. 5 | |
60 | + | [(d)] (E) “Custodian” means: 6 | |
60 | 61 | ||
61 | - | ( | |
62 | + | (1) the official custodian; or 7 | |
62 | 63 | ||
63 | - | ( | |
64 | - | ||
64 | + | (2) any other authorized individual who has physical custody and control 8 | |
65 | + | of a public record. 9 | |
65 | 66 | ||
66 | - | [( | |
67 | + | [(e)] (F) “News media” means: 10 | |
67 | 68 | ||
68 | - | (1) | |
69 | + | (1) newspapers; 11 | |
69 | 70 | ||
70 | - | (2) any other authorized individual who has physical custody and control 11 | |
71 | - | of a public record. 12 | |
71 | + | (2) magazines; 12 | |
72 | 72 | ||
73 | - | ||
73 | + | (3) journals; 13 | |
74 | 74 | ||
75 | - | ( | |
75 | + | (4) press associations; 14 | |
76 | 76 | ||
77 | - | ( | |
77 | + | (5) news agencies; 15 | |
78 | 78 | ||
79 | - | ( | |
79 | + | (6) wire services; 16 | |
80 | 80 | ||
81 | - | ( | |
81 | + | (7) radio; 17 | |
82 | 82 | ||
83 | - | ( | |
83 | + | (8) television; and 18 | |
84 | 84 | ||
85 | - | (6) wire services; 19 | |
85 | + | (9) any printed, photographic, mechanical, or electronic means of 19 | |
86 | + | disseminating news and information to the public. 20 | |
86 | 87 | ||
87 | - | (7) radio; 20 | |
88 | + | [(f)] (G) “Official custodian” means an officer or employee of the State or of a 21 | |
89 | + | political subdivision who is responsible for keeping a public record, whether or not the 22 | |
90 | + | officer or employee has physical custody and control of the public record. 23 | |
88 | 91 | ||
89 | - | ( | |
92 | + | [(g)] (H) “Person in interest” means: 24 | |
90 | 93 | ||
91 | - | (9) any printed, photographic, mechanical, or electronic means of 22 | |
92 | - | disseminating news and information to the public. 23 | |
93 | - | ||
94 | - | [(f)] (G) “Official custodian” means an officer or employee of the State or of a 24 | |
95 | - | political subdivision who is responsible for keeping a public record, whether or not the 25 | |
96 | - | officer or employee has physical custody and control of the public record. 26 | |
94 | + | (1) a person or governmental unit that is the subject of a public record or a 25 | |
95 | + | designee of the person or governmental unit; 26 | |
97 | 96 | SENATE BILL 31 3 | |
98 | 97 | ||
99 | 98 | ||
100 | - | [(g)] (H) “Person in interest” means: 1 | |
99 | + | (2) if the person has a legal disability, the parent or legal representative of 1 | |
100 | + | the person; or 2 | |
101 | 101 | ||
102 | - | (1) a person or governmental unit that is the subject of a public record or a 2 | |
103 | - | designee of the person or governmental unit; 3 | |
102 | + | (3) as to requests for correction of certificates of death under § 5–310(d)(2) 3 | |
103 | + | of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 4 | |
104 | + | or guardian of the person of the deceased at the time of the deceased’s death. 5 | |
104 | 105 | ||
105 | - | ( | |
106 | - | ||
106 | + | [(h)] (I) (1) “Personal information” means information that identifies an 6 | |
107 | + | individual. 7 | |
107 | 108 | ||
108 | - | (3) as to requests for correction of certificates of death under § 5–310(d)(2) 6 | |
109 | - | of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 7 | |
110 | - | or guardian of the person of the deceased at the time of the deceased’s death. 8 | |
109 | + | (2) Except as provided in § 4–355 of this title, “personal information” 8 | |
110 | + | includes an individual’s: 9 | |
111 | 111 | ||
112 | - | [(h)] (I) (1) “Personal information” means information that identifies an 9 | |
113 | - | individual. 10 | |
112 | + | (i) name; 10 | |
114 | 113 | ||
115 | - | (2) Except as provided in § 4–355 of this title, “personal information” 11 | |
116 | - | includes an individual’s: 12 | |
114 | + | (ii) address; 11 | |
117 | 115 | ||
118 | - | ( | |
116 | + | (iii) driver’s license number or any other identification number; 12 | |
119 | 117 | ||
120 | - | ( | |
118 | + | (iv) medical or disability information; 13 | |
121 | 119 | ||
122 | - | ( | |
120 | + | (v) photograph or computer–generated image; 14 | |
123 | 121 | ||
124 | - | ( | |
122 | + | (vi) Social Security number; and 15 | |
125 | 123 | ||
126 | - | ( | |
124 | + | (vii) telephone number. 16 | |
127 | 125 | ||
128 | - | ( | |
126 | + | (3) “Personal information” does not include an individual’s: 17 | |
129 | 127 | ||
130 | - | ( | |
128 | + | (i) driver’s status; 18 | |
131 | 129 | ||
132 | - | ( | |
130 | + | (ii) driving offenses; 19 | |
133 | 131 | ||
134 | - | ( | |
132 | + | (iii) five–digit zip code; or 20 | |
135 | 133 | ||
136 | - | ( | |
134 | + | (iv) information on vehicular accidents. 21 | |
137 | 135 | ||
138 | - | (iii) five–digit zip code; or 23 | |
136 | + | [(i)] (J) “Police officer” has the meaning stated in § 3–201 of the Public Safety 22 | |
137 | + | Article. 23 | |
139 | 138 | ||
140 | - | ( | |
139 | + | [(j)] (K) “Political subdivision” means: 24 | |
141 | 140 | ||
142 | - | [(i)] (J) “Police officer” has the meaning stated in § 3–201 of the Public Safety 25 | |
143 | - | Article. 26 | |
141 | + | (1) a county; 25 | |
144 | 142 | ||
145 | - | [(j)] (K) “Political subdivision” means: 27 | |
146 | - | 4 SENATE BILL 31 | |
143 | + | (2) a municipal corporation; 26 | |
144 | + | ||
145 | + | (3) an unincorporated town; 27 4 SENATE BILL 31 | |
147 | 146 | ||
148 | 147 | ||
149 | - | (1) a county; 1 | |
150 | 148 | ||
151 | - | ( | |
149 | + | (4) a school district; or 1 | |
152 | 150 | ||
153 | - | ( | |
151 | + | (5) a special district. 2 | |
154 | 152 | ||
155 | - | (4) a school district; or 4 | |
153 | + | [(k)] (L) (1) “Public record” means the original or any copy of any 3 | |
154 | + | documentary material that: 4 | |
156 | 155 | ||
157 | - | (5) a special district. 5 | |
156 | + | (i) is made by a unit or an instrumentality of the State or of a 5 | |
157 | + | political subdivision or received by the unit or instrumentality in connection with the 6 | |
158 | + | transaction of public business; and 7 | |
158 | 159 | ||
159 | - | [(k)] (L) (1) “Public record” means the original or any copy of any 6 | |
160 | - | documentary material that: 7 | |
160 | + | (ii) is in any form, including: 8 | |
161 | 161 | ||
162 | - | (i) is made by a unit or an instrumentality of the State or of a 8 | |
163 | - | political subdivision or received by the unit or instrumentality in connection with the 9 | |
164 | - | transaction of public business; and 10 | |
162 | + | 1. a card; 9 | |
165 | 163 | ||
166 | - | | |
164 | + | 2. a computerized record; 10 | |
167 | 165 | ||
168 | - | | |
166 | + | 3. correspondence; 11 | |
169 | 167 | ||
170 | - | | |
168 | + | 4. a drawing; 12 | |
171 | 169 | ||
172 | - | | |
170 | + | 5. film or microfilm; 13 | |
173 | 171 | ||
174 | - | | |
172 | + | 6. a form; 14 | |
175 | 173 | ||
176 | - | | |
174 | + | 7. a map; 15 | |
177 | 175 | ||
178 | - | | |
176 | + | 8. a photograph or photostat; 16 | |
179 | 177 | ||
180 | - | | |
178 | + | 9. a recording; or 17 | |
181 | 179 | ||
182 | - | | |
180 | + | 10. a tape. 18 | |
183 | 181 | ||
184 | - | 9. a recording; or 20 | |
182 | + | (2) “Public record” includes a document that lists the salary of an employee 19 | |
183 | + | of a unit or an instrumentality of the State or of a political subdivision. 20 | |
185 | 184 | ||
186 | - | 10. a tape. 21 | |
185 | + | (3) “Public record” does not include a digital photographic image or 21 | |
186 | + | signature of an individual, or the actual stored data of the image or signature, recorded by 22 | |
187 | + | the Motor Vehicle Administration. 23 | |
187 | 188 | ||
188 | - | ( | |
189 | - | ||
189 | + | [(l)] (M) “Technical infraction” means a minor rule violation by an individual 24 | |
190 | + | solely related to the enforcement of administrative rules that: 25 | |
190 | 191 | ||
191 | - | (3) “Public record” does not include a digital photographic image or 24 | |
192 | - | signature of an individual, or the actual stored data of the image or signature, recorded by 25 | |
193 | - | the Motor Vehicle Administration. 26 | |
192 | + | (1) does not involve an interaction between a member of the public and the 26 | |
193 | + | individual; 27 | |
194 | 194 | SENATE BILL 31 5 | |
195 | 195 | ||
196 | 196 | ||
197 | - | ||
198 | - | ||
197 | + | (2) does not relate to the individual’s investigative, enforcement, training, 1 | |
198 | + | supervision, or reporting responsibilities; and 2 | |
199 | 199 | ||
200 | - | (1) does not involve an interaction between a member of the public and the 3 | |
201 | - | individual; 4 | |
200 | + | (3) is not otherwise a matter of public concern. 3 | |
202 | 201 | ||
203 | - | (2) does not relate to the individual’s investigative, enforcement, training, 5 | |
204 | - | supervision, or reporting responsibilities; and 6 | |
202 | + | 4–357. 4 | |
205 | 203 | ||
206 | - | (3) is not otherwise a matter of public concern. 7 | |
204 | + | (A) (1) THIS SECTION DOES NOT APPLY TO A PUBLIC RE CORD THAT HAS 5 | |
205 | + | BEEN ENTERED INTO EV IDENCE IN A COURT PR OCEEDING. 6 | |
207 | 206 | ||
208 | - | 4–357. 8 | |
207 | + | (2) THIS SECTION MAY NOT BE CONSTRUED TO AFFE CT THE 7 | |
208 | + | DISCOVERY OR EVIDENT IARY RIGHTS OF A PAR TY TO A CIVIL SUIT O R CRIMINAL 8 | |
209 | + | PROSECUTION . 9 | |
209 | 210 | ||
210 | - | (A) (1) THIS SECTION DOES NOT APPLY TO A PUBLIC RE CORD THAT HAS 9 | |
211 | - | BEEN ENTERED INTO EVIDENCE IN A COURT PROCEEDING . 10 | |
211 | + | (B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , A 10 | |
212 | + | CUSTODIAN SHALL DENY INSPECTION OF THAT P ART OF A RECORDING FROM A 11 | |
213 | + | BODY–WORN DIGITAL RECORDI NG DEVICE REGARDING AN INCIDENT THAT : 12 | |
212 | 214 | ||
213 | - | ( | |
214 | - | ||
215 | - | ||
215 | + | (I) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 13 | |
216 | + | A VICTIM OF DOMESTIC VIOLENCE , AS DEFINED IN § 4–701 OF THE FAMILY LAW 14 | |
217 | + | ARTICLE; 15 | |
216 | 218 | ||
217 | - | (B) (1) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , A 14 | |
218 | - | CUSTODIAN SHALL DENY INSPECTION OF T HAT PART OF A RECORD ING FROM A 15 | |
219 | - | BODY–WORN DIGITAL RECORDI NG DEVICE REGARDING AN INCIDENT THAT : 16 | |
219 | + | (II) DEPICTS A VICTIM OR INFORMATION THAT COULD IDENTIFY 16 | |
220 | + | A VICTIM OF A VIOLATION OF TITLE 3, SUBTITLE 3 OF THE CRIMINAL LAW ARTICLE; 17 | |
220 | 221 | ||
221 | - | (I) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 17 | |
222 | - | A VICTIM OF DOMESTIC VIOLENCE , AS DEFINED IN § 4–701 OF THE FAMILY LAW 18 | |
223 | - | ARTICLE; 19 | |
222 | + | (III) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 18 | |
223 | + | A VICTIM OF, EXCEPT FOR A VIOLATI ON OF § 3–607 OF THE CRIMINAL LAW ARTICLE 19 | |
224 | + | WHERE THE VICTIM IS AN ADULT, A VIOLATION OF TITLE 3, SUBTITLE 6 OF THE 20 | |
225 | + | CRIMINAL LAW ARTICLE; 21 | |
224 | 226 | ||
225 | - | ( | |
226 | - | ||
227 | + | (IV) DEPICTS THE DEATH OF A LAW ENFORCEMENT OF FICER 22 | |
228 | + | THAT OCCURRED IN THE PERFORMANCE OF THE O FFICER’S DUTIES; OR 23 | |
227 | 229 | ||
228 | - | (III) DEPICTS A VICTIM OR INFORMATION THAT COU LD IDENTIFY 22 | |
229 | - | A VICTIM OF, EXCEPT FOR A VIOLATI ON OF § 3–607 OF THE CRIMINAL LAW ARTICLE 23 | |
230 | - | WHERE THE VICTIM IS AN ADULT, A VIOLATION OF TITLE 3, SUBTITLE 6 OF THE 24 | |
231 | - | CRIMINAL LAW ARTICLE; 25 | |
230 | + | (V) DOES NOT RESULT IN : 24 | |
232 | 231 | ||
233 | - | (IV) DEPICTS THE DEATH OF A LAW ENFORCEMENT OF FICER 26 | |
234 | - | THAT OCCURRED IN THE PERFORMANCE OF THE O FFICER’S DUTIES; OR 27 | |
232 | + | 1. THE ARREST , ATTEMPTED ARREST , TEMPORARY 25 | |
233 | + | DETENTION, ATTEMPTED TEMPORARY DETENTION, SEARCH, ATTEMPTED SEARCH , 26 | |
234 | + | CITATION, DEATH, OR INJURY OF AN INDI VIDUAL; 27 | |
235 | 235 | ||
236 | - | | |
236 | + | 2. THE USE OF FORCE AGA INST AN INDIVIDUAL ; OR 28 | |
237 | 237 | ||
238 | - | | |
239 | - | ||
240 | - | ||
238 | + | 3. A COMPLAINT OR AN ALLEGATION OF OFFICER 29 | |
239 | + | MISCONDUCT MADE AGAI NST ANY LAW EN FORCEMENT OFFICER IN VOLVED IN THE 30 | |
240 | + | INCIDENT. 31 | |
241 | 241 | 6 SENATE BILL 31 | |
242 | 242 | ||
243 | 243 | ||
244 | - | 2. THE USE OF FORCE AGA INST AN INDIVIDUAL ; OR 1 | |
244 | + | (2) A CUSTODIAN SHALL DENY INSPECTION OF RECORD S AS 1 | |
245 | + | REQUIRED BY THIS SUB SECTION REGARDLESS O F A SUBSEQUENT ACTIO N TAKEN BY 2 | |
246 | + | LAW ENFORCEMENT OR A COURT RESULTING FROM THE INCIDENT RECORDE D. 3 | |
245 | 247 | ||
246 | - | 3. A COMPLAINT OR AN ALLEGATION OF OFFICER 2 | |
247 | - | MISCONDUCT MADE AGAI NST ANY LAW ENFORCEM ENT OFFICER INVOLVED IN THE 3 | |
248 | - | INCIDENT. 4 | |
248 | + | (3) (I) A VICTIM WHO IS THE SUBJECT OF A RECORD SHALL BE 4 | |
249 | + | NOTIFIED OF ALL REQU ESTS TO INSPECT THE RECORD. 5 | |
249 | 250 | ||
250 | - | (2) A CUSTODIAN SHALL DENY INSPECTION OF RECORD S AS 5 | |
251 | - | REQUIRED BY THIS SUB SECTION REGARDLESS O F A SUBSEQUENT ACTIO N TAKEN BY 6 | |
252 | - | LAW ENFORCEMENT OR A COURT RESULTING FROM THE INCIDENT RECORDED . 7 | |
251 | + | (II) THE MARYLAND POLICE TRAINING AND STANDARDS 6 | |
252 | + | COMMISSION, IN CONSULTATION WITH THE MARYLAND ASSOCIATION OF 7 | |
253 | + | COUNTIES, THE MARYLAND MUNICIPAL LEAGUE, LAW ENFORCEMENT AGENCIES, 8 | |
254 | + | THE NEWS MEDIA , VICTIMS’ RIGHTS ADVOCATES , AND OTHER STAKEHOLDE RS, 9 | |
255 | + | SHALL DEVELOP UNIFORM STAN DARDS AND PROCEDURES TO CARRY OUT THE 10 | |
256 | + | PROVISIONS OF THIS P ARAGRAPH. 11 | |
253 | 257 | ||
254 | - | (3) (I) A VICTIM WHO IS THE SU BJECT OF A RECORD SH ALL BE 8 | |
255 | - | NOTIFIED OF ALL REQU ESTS TO INSPECT THE RECORD. 9 | |
258 | + | (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A CUSTODIAN 12 | |
259 | + | SHALL ALLOW INSPECTION OF A RECO RDING FROM A BODY –WORN DIGITAL 13 | |
260 | + | RECORDING DEVICE BY : 14 | |
256 | 261 | ||
257 | - | (II) THE MARYLAND POLICE TRAINING AND STANDARDS 10 | |
258 | - | COMMISSION, IN CONSULTATION WITH THE MARYLAND ASSOCIATION OF 11 | |
259 | - | COUNTIES, THE MARYLAND MUNICIPAL LEAGUE, LAW ENFORCEMENT AGEN CIES, 12 | |
260 | - | THE NEWS MEDIA , VICTIMS’ RIGHTS ADVOCATES , AND OTHER STAKEHOLDE RS, 13 | |
261 | - | SHALL DEVELOP UNIFORM STAN DARDS AND PROCEDURES TO CARRY OUT THE 14 | |
262 | - | PROVISIONS OF THIS P ARAGRAPH. 15 | |
262 | + | (I) AN INDIVIDUAL WHO IS A SUBJECT IN THE REC ORDING AND 15 | |
263 | + | IS DIRECTLY INVOLVED IN THE INCIDENT THAT PROMPTED THE RECORDI NG; 16 | |
263 | 264 | ||
264 | - | (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A CUSTODIAN 16 | |
265 | - | SHALL ALLOW INSPECTI ON OF A RECORDING FR OM A BODY –WORN DIGITAL 17 | |
266 | - | RECORDING DEVICE BY : 18 | |
265 | + | (II) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 17 | |
266 | + | PARAGRAPH IS A MINOR , THE INDIVIDUAL ’S PARENT OR LEGAL GU ARDIAN; 18 | |
267 | 267 | ||
268 | - | (I) AN INDIVIDUAL WHO IS A SUBJECT IN THE REC ORDING AND 19 | |
269 | - | IS DIRECTLY INVOLVED IN THE INCIDENT THAT PROMPTED THE RECORDI NG; 20 | |
268 | + | (III) IF THE INDIVIDUAL DE SCRIBED IN ITEM (I) OF THIS 19 | |
269 | + | PARAGRAPH IS DECEASE D OR UNABLE TO REQUE ST THE RECORDING DUE TO 20 | |
270 | + | INJURY, THE INDIVIDUAL ’S PARENT, LEGAL GUARDIAN , SPOUSE, ADULT CHILD, OR 21 | |
271 | + | NEXT OF KIN, OR A REPRESENTATIVE OF THE INDIVIDUAL ’S ESTATE; OR 22 | |
270 | 272 | ||
271 | - | (II) IF AN INDIVIDUAL DESCRIBED IN ITEM (I) OF THIS 21 | |
272 | - | PARAGRAPH IS A MINOR , THE INDIVIDUAL ’S PARENT OR LEGAL GU ARDIAN; 22 | |
273 | + | (IV) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 23 | |
274 | + | PARAGRAPH IS AN INCA PACITATED PERSON , AS DEFINED IN § 13.5–101 OF THE 24 | |
275 | + | ESTATES AND TRUSTS ARTICLE, THE INDIVIDUAL ’S GUARDIAN OR AGENT . 25 | |
273 | 276 | ||
274 | - | (III) IF THE INDIVIDUAL DE SCRIBED IN ITEM (I) OF THIS 23 | |
275 | - | PARAGRAPH IS DECEASE D OR UNABLE TO REQUE ST THE RECORDING DUE TO 24 | |
276 | - | INJURY, THE INDIVIDUAL ’S PARENT, LEGAL GUARDIAN , SPOUSE, ADULT CHILD, OR 25 | |
277 | - | NEXT OF KIN, OR A REPRESENTATIVE OF THE INDIVIDUAL ’S ESTATE; OR 26 | |
277 | + | (2) A CUSTODIAN MAY NOT AL LOW INSPECTION OR COPYING OF A 26 | |
278 | + | RECORDING FROM A BOD Y–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL 27 | |
279 | + | WHO IS UNDER INVESTIGATI ON FOR OR IS CHARGED WITH A VI OLATION DESCRIBED 28 | |
280 | + | IN SUBSECTION (B) OF THIS SECTION IF T HE RECORDING IS O F THE INCIDENT 29 | |
281 | + | LEADING TO THE INVES TIGATION OR CHARGE . 30 | |
278 | 282 | ||
279 | - | (IV) IF AN INDIVIDUAL DES CRIBED IN ITEM (I) OF THIS 27 | |
280 | - | PARAGRAPH IS AN INCA PACITATED PERSON , AS DEFINED IN § 13.5–101 OF THE 28 | |
281 | - | ESTATES AND TRUSTS ARTICLE, THE INDIVIDUAL ’S GUARDIAN OR AGENT . 29 | |
282 | - | ||
283 | - | (2) A CUSTODIAN MAY NOT AL LOW INSPECTION OR COPYING OF A 30 | |
284 | - | RECORDING FROM A BOD Y–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL 31 | |
285 | - | WHO IS UNDER INVESTIGATI ON FOR OR IS CHARGED WITH A VI OLATION DESCRIBED 32 | |
286 | - | IN SUBSECTIO N (B) OF THIS SECTION IF T HE RECORDING IS OF T HE INCIDENT 33 | |
287 | - | LEADING TO THE INVES TIGATION OR CHARGE . 34 SENATE BILL 31 7 | |
283 | + | (3) A CUSTODIAN MAY NOT AL LOW COPYING OF A REC ORDING FROM 31 | |
284 | + | A BODY–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL WHO HAS RECEIVED 32 | |
285 | + | PROBATION BEFORE JUD GMENT FOR , IS SUBJECT TO A PEAC E OR PROTECTIVE 33 | |
286 | + | ORDER AS A RESULT OF , HAS PLEADED NOLO CON TENDERE TO , HAS PLEADED 34 | |
287 | + | GUILTY TO, OR HAS BEEN FOUND GU ILTY OF A VIOLATION DESCRIBED IN 35 SENATE BILL 31 7 | |
288 | 288 | ||
289 | 289 | ||
290 | + | SUBSECTION (B) OF THIS SECTION IF T HE RECORDIN G IS OF THE INCIDENT LEADING 1 | |
291 | + | TO THE PROBATION BEF ORE JUDGMENT , ORDER, PLEA, OR VERDICT. 2 | |
290 | 292 | ||
291 | - | (3) A CUSTODIAN MAY NOT AL LOW COPYING OF A REC ORDING FROM 1 | |
292 | - | A BODY–WORN DIGITAL RECORDI NG DEVICE BY AN INDI VIDUAL WHO HAS RECEIVED 2 | |
293 | - | PROBATION BEFORE JUD GMENT FOR , IS SUBJECT TO A PEAC E OR PROTECTIVE 3 | |
294 | - | ORDER AS A RESULT OF , HAS PLEADED NOLO CON TENDERE TO , HAS PLEADED 4 | |
295 | - | GUILTY TO, OR HAS BEEN FOUND GU ILTY OF A VIOLATION DESCRIBED IN 5 | |
296 | - | SUBSECTION (B) OF THIS SECTION IF T HE RECORDIN G IS OF THE INCIDENT LEADING 6 | |
297 | - | TO THE PROBATION BEF ORE JUDGMENT , ORDER, PLEA, OR VERDICT. 7 | |
293 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
294 | + | October 1, 2022. 4 | |
298 | 295 | ||
299 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 | |
300 | - | October 1, 2022. 9 | |
301 | - | ||
302 | - | ||
303 | - | ||
304 | - | ||
305 | - | Approved: | |
306 | - | ________________________________________________________________________________ | |
307 | - | Governor. | |
308 | - | ________________________________________________________________________________ | |
309 | - | President of the Senate. | |
310 | - | ________________________________________________________________________________ | |
311 | - | Speaker of the House of Delegates. |