Bill Summary for H 972 (2015-2016)

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Summary date: 

Apr 26 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 972 (Public) Filed Tuesday, April 26, 2016
AN ACT TO PROVIDE THAT RECORDINGS MADE BY LAW ENFORCEMENT AGENCIES ARE NOT PUBLIC RECORDS, TO ESTABLISH WHETHER, TO WHOM, AND WHAT PORTIONS OF A RECORDING MAY BE DISCLOSED OR A COPY RELEASED, TO ESTABLISH THE PROCEDURE FOR CONTESTING A REFUSAL TO DISCLOSE A RECORDING OR TO OBTAIN A COPY OF A RECORDING, TO DIRECT STATE OR LOCAL LAW ENFORCEMENT AGENCIES TO PROVIDE, UPON REQUEST, ACCESS TO A METHOD TO VIEW AND ANALYZE RECORDINGS TO THE STATE BUREAU OF INVESTIGATION AND THE NORTH CAROLINA STATE CRIME LABORATORY, TO AUTHORIZE GOVERNMENTAL AND NONGOVERNMENTAL ORGANIZATIONS TO ESTABLISH AND OPERATE HYPODERMIC SYRINGE AND NEEDLE EXCHANGE PROGRAMS, AND TO OFFER LIMITED IMMUNITY TO EMPLOYEES, VOLUNTEERS, AND PARTICIPANTS OF AUTHORIZED HYPODERMIC SYRINGE AND NEEDLE EXCHANGE PROGRAMS.
Intro. by Faircloth, McNeill.

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Bill summary

Enacts new GS 132-1.4A, which provides as follows. Specifies that recordings, which are defined as visual, audio, or visual and audio recordings captured by a body-worn or a dashboard camera, are not public records. Gives the head law enforcement officer of the agency that has custody of the recording the power to determine whether an individual recording is a personnel record. Recordings determined to be a personnel record are subject to GS Chapter 126 (North Carolina Human Resources Act), Part 4 (Personnel) of Article 7 of GS Chapter 160A (Cities), or Part 4 (Personnel) of Article 5 of GS Chapter 153A (Counties). Body-worn camera is defined as an operational video or digital camera or other electronic device, including a microphone or other mechanism for allowing audio capture, affixed to a law enforcement officer’s uniform or person and positioned in a way that allows the camera or device to capture interactions the law enforcement officer has with the public. Dashboard camera is defined as a device or system installed or used in a law enforcement vehicle that electronically records images depicting activities that take place during a traffic stop, vehicle pursuit, vehicle search, and other interaction with the public that is within the range of the camera; the term does not include body-worn cameras. The new statute also defines disclose or disclosure and personal representative.

Includes whereas clauses. Requires the head law enforcement officer of a custodial law enforcement agency to determine whether, to whom, and what portions of a recording may be disclosed and whether a copy of the recording may be released. Provides that a law enforcement agency is not required to consider a disclosure or release request unless the person making the request states the date and approximate time of the incident or encounter or otherwise identifies the incident or encounter with reasonable particularity. Establishes the presumption that a custodial law enforcement agency will disclose a recording or portion thereof to a person depicted in the recording or to that person’s personal representative upon request, unless the head of the agency determines otherwise. Requires disclosing only those portions of the recording that are relevant to the person’s presence in the recording. Sets out eight factors that are to be considered by the head law enforcement officer when determining whether to make a disclosure or release a copy of a recording.

Requires providing a written explanation to the person making a request if the head law enforcement officer redacts portions of a recording or declines to disclose a recording or to release a copy of a recording. Sets out the procedure for obtaining a court order compelling disclosure or release of a copy when a person is denied disclosure or denied a copy of the recording. Sets out provisions concerning awarding attorneys' fees. Requires that the court consider the same eight factors that the head law enforcement officer is required to consider when the court is deciding whether to order that a recording be disclosed or that a copy of the recording be provided to the requesting party.

Requires any law enforcement agency that uses body-worn cameras or dashboard cameras to retain the recording for at least the period of time required by the State Archives schedule for “law enforcement video and audio recordings.” Allows a law enforcement agency to charge a fee to offset the cost incurred in making a copy of the requested recording, not to exceed actual costs.

The above provisions apply to all body-worn camera recordings and dashboard camera recordings made on or after October 1, 2016.

Requires the Criminal Justice Education and Training Standards Commission and the Sheriffs’ Education and Training Standards Commission, in consultation with the UNC School of Government and North Carolina Conference of District Attorneys, to develop best practices for the use of body-worn cameras by local and state law enforcement. Specifies issues that must be addressed by the best practices. Requires a report on the recommendations to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by December 1, 2016.

Enacts new GS 153A-458 (county), new GS 160A-490.1 (city), new GS 114-64, and new GS 15A-220 requiring local law enforcement agencies of any county or city and any state or local law enforcement agency using body-worn cameras or dashboard cameras when carrying out law enforcement responsibilities to give the State Bureau of Investigation and the North Carolina State Crime Laboratory a free copy of the software necessary to operate the recordings from the cameras if the law enforcement agency uses the North Carolina State Crime Laboratory to analyze the recordings. New GS 15A-220 is enacted under new Article 8A, Law Enforcement Agencies to Provide Body-worn and Dashboard Camera Software to SBI and Crime Laboratory, of GS Chapter 15A. These statutes apply to any law enforcement agency that has or is using body-worn or dashboard cameras on or after December 1, 2016.