Includes whereas clauses.
Requires that $10 million in recurring funds from the funds appropriated from the General Fund for 2021-22 be allocated to the Department of Transportation (Department) to be used by the Department to record and store video from the Department's highway cameras.
Amends GS 132-1.1 to prohibit highway camera video records stored by the Department from being disclosed except as provided in new GS 132-1.7B.
Enacts new GS 132-1.7B, providing as follows. Sets out and defines terms, including defining highway camera as a Department of Transportation video or digital camera, located on highway right-of-way, for the purpose of monitoring vehicle traffic. Specifies that recordings under this statute are not public records.
Allows a person to request disclosure of a recording through a written request to the Department that includes the name of the person making the request, date and approximate time of the activity, or otherwise identify the activity with reasonable particularity sufficient to identify the recording. Allows disclosure of a recording to only: (1) a person whose image or voice is in the recording; (2) a personal representative of an adult person whose image or voice is in the recording, if the adult person has consented to the disclosure; (3) a personal representative of a minor or of an adult person under lawful guardianship whose image or voice is in the recording; (4) a personal representative of a deceased person whose image or voice is in the 21 recording; (5) a personal representative of an adult person who is incapacitated and unable to provide consent to disclosure. Requires disclosing only the portions of the recording that are relevant to the person's request. Prohibits a person receiving disclosure from recording or copying the recording. Requires the Department to make the disclosure or deny the request as promptly as possible. Sets out six factors the Department is to consider when deciding whether to grant or deny the request. Sets out the procedure under which the person seeking disclosure may apply to the appropriate superior court for a review of the denial of disclosure when disclosure has been denied or disclosure has not been made more than three business days after the request. Sets out conditions under which the court may order disclosure. Sets out individuals that must be notified and given an opportunity to be heard at the hearing.
Provides that recordings are to only be released pursuant to court order. Allows any person requesting release of a recording to file an action in the appropriate superior court for an order releasing the recording. Requires the request to state the date and approximate time of the activity captured in the recording or otherwise identify the activity with reasonable particularity sufficient to identify the recording to which the action refers. Sets out factors the court is to consider in determining whether to order the release of all or a portion of the recording. Limits the release to only those portions of the recording that are relevant to the person's request and allows placing conditions or restrictions on the release. Sets out individuals that must be notified and given an opportunity to be heard at the hearing.
Requires the Department to the Department disclose or release a recording to a district attorney (1) for review of potential criminal charges, (2) to comply with discovery requirements in a criminal prosecution, (3) for use in criminal proceedings in district court, or (4) for any other law enforcement purpose and allows disclosure or release of a recording for suspect identification or apprehension or to locate a missing or abducted person.
Provides that the Department is not required to retain any recording subject to this statute for more than 30 days, unless a court of competent jurisdiction orders otherwise.
Provides that no civil liability arises from compliance with the statute, so long as the acts or omissions are made in good faith.
Allows the Department to charge a fee for making a copy of a recording for release, not to exceed the actual cost. Prohibits the court from awarding attorneys' fees.
Prohibits using recordings subject to the statute for for fines or private investigation. Provides that no elected official may review recordings subject to this statute, unless they meet the statute's disclosure criteria; excludes a county sheriff or district attorney if review of the recordings is within the scope of a criminal investigation.
Effective July 1, 2021.
Bill H 902 (2021)Summary date: May 7 2021 - View summary