Identical to S 510, filed 4/5/21.
Revises GS 132-1.4A, which governs law enforcement agency recordings. Repeals subsection (f) and (g) which sets forth the procedure for and requirements of the release of recordings in the custody of a law enforcement agency by court order to authorized persons identified in subsection (c). Replaces the provisions with new subsection (g1) as follows. Requires a custodial law enforcement agency to release a recording after 48 hours have passed from the time of the recording, upon request, unless a court orders that the release of the recording must be restricted for a specified period of time. Permits any custodial law enforcement agency to file an action for an order restricting release of the recording for a specified period of time in the appropriate county, as specified. Requires the request to identify the activity by date and time, or otherwise identify the activity. Permits the court to conduct an in-camera review of the recording. Directs the court to consider eight specified standards in determining whether to restrict the release of all or a portion of the recording for a specified period of time, in addition to any other relevant standards, including whether the release is necessary to advance a compelling public interest, whether the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law, whether release would reveal information regarding a person that is of a highly sensitive personal nature, and whether release may harm the reputation or jeopardize the safety of a person. Directs the court to restrict the release of only those portions that it deems necessary to restrict. Requires notification of and an opportunity to be heard at any proceeding: the head of the custodial law enforcement agency, any law enforcement agency personnel whose image or voice is in the recording and the head of that person's employing law enforcement agency, and the District Attorney. Requires hearings under the new subsection as soon as practicable, with subsequent proceedings accorded priority by the trial and appellate courts. Makes conforming changes.
Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 28 2021)
Bill H 698 (2021-2022)Summary date: Apr 27 2021 - View Summary