House committee substitute makes the following changes to the 1st edition.

Changes the long and short titles of the act.

Deletes all provisions of the previous edition and now provides the following.

Section 1

Enacts new GS 132-1.4A to be titled Law enforcement agency recordings, to provide as follows.

Establishes that recordings are not public records as defined by GS 132-1 or personnel records as defined in Part 7 of GS Chapter 126, GS 160A-168, or GS 153A-98 (provisions concerning the privacy of personnel records of State employees, City and Town employees, and County employees). Defines recording as a visual, audio, or visual and audio recording captured by a body-worn camera, a dashboard camera, or any other video or audio recording device operated by or on behalf of a law enforcement agency or law enforcement agency personnel when carrying out law enforcement responsibilities. Provides that recording does not include any video or audio recordings of interviews regarding agency internal investigations or interviews or interrogations of suspects or witnesses. Defines body-worn camera as an operational video or digital camera or other electronic device, including a microphone or other mechanism for allowing audio capture, affixed to the uniform or person of law enforcement agency personnel and positioned in a way that allows the camera or device to capture interactions the law enforcement agency personnel has with others. Defines dashboard camera as a device or system installed or used in a law enforcement agency vehicle that electronically records images or audio depicting interaction with others by law enforcement agency personnel. Provides that dashboard camera does not include body-worn cameras. 

Establishes that recordings, as defined by the statute, in the custody of a law enforcement agency can only be disclosed as provided in the statute. Defines disclose or disclosure as meaning to make a recording available for viewing or listening by the person requesting disclosure, at the time and location chosen by the custodial law enforcement agency. Provides that the term disclose or disclosure does not include the release of a recording. Defines custodial law enforcement agency as the law enforcement agency that owns or leases, or whose personnel operates, the equipment that created the recording at the time the recording was made. Defines release as to provide a copy of a recording.

Requires a person requesting the disclosure of a recording to make a written request to the head of the custodial law enforcement agency that states the date and approximate time of the activity captured in the recording or otherwise identifies the activity with reasonable particularity sufficient to identify the recording to which the request refers.

Authorizes the head of the custodial law enforcement agency to disclose a recording to (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 recording; or (5) a personal representative of an adult person who is incapacitated and unable to provide consent to disclosure. Defines personal representative as a parent, court-appointed guardian, spouse, or attorney of a person whose image or voice is in the recording. Provides that, if a person whose image or voice is in the recording is deceased, the term personal representative also means the personal representative of the estate of the deceased person; the deceased person's surviving spouse, parent, or adult child; the deceased person's attorney; or the parent or guardian of a surviving minor child of the deceased.

Establishes that, when disclosing the recording, the law enforcement agency can only disclose those portions of the recording that are relevant to the person's request. Prohibits the person receiving the disclosure pursuant to subsection (c) from recording or copying the recording.

Requires that, as promptly as possible upon receipt of the written request for disclosure, the custodial law enforcement agency must either disclose the portion of the recording relevant to the person's request or notify the requestor of the custodial law enforcement agency's decision not to disclose the recording to the requestor. Allows the custodial law enforcement agency to deny disclosure based on any of the six following factors: (1) the person requesting disclosure of the recording is not a person authorized to receive disclosure pursuant to subsection (c) of the statute; (2) the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law; (3) disclosure would reveal information regarding a person that is of a highly sensitive personal nature; (4) disclosure may harm the reputation or jeopardize the safety of a person; (5) disclosure would create a serious threat to the fair, impartial, and orderly administration of justice; or (6) confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation.

Creates an appeal for the person seeking disclosure by applying to the superior court in any county where any portion of the recording was made for a review of either a law enforcement agency's denial of disclosure pursuant to subsection (d) of the statute or failure to provide disclosure more than three business days after the request for disclosure. Provides that the court may conduct an in camera review of the recording. Authorizes the court to order the disclosure of the recording only if the court finds that the law enforcement agency abused its discretion in denying the request for disclosure, and may only order disclosure of those portions of the recording that are relevant to the person's request. Similar to subsection (c) of the statute, prohibits a person who receives disclosure pursuant to subsection (e) from recording or copying the recording. Bars an order issued pursuant to subsection (e) of the statute from ordering the release of the recording.

Requires that, in any appeal proceeding, the following persons must be notified and those persons, or their designated representative, must be given an opportunity to be heard at any proceeding: (1) the head of the custodial law enforcement agency, (2) 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 (3) the District Attorney. Sets out that appeal actions are to be set for a hearing as soon as practicable, and subsequent proceedings in the actions are to be accorded priority by the trial and appellate courts.

Establishes that a recording in the custody of a law enforcement agency can only be released pursuant to a court order. Allows any custodial law enforcement agency or any person requesting release to file an action in the superior court in any county where any portion of the recording was made for an order releasing the recording. Requires the request for release 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. Provides that the court may conduct an in camera review of the recording. Establishes that, in determining whether to order the release of all or a portion of the recording, in addition to any standards the court deems relevant, the court must consider the applicability of the following eight standards, similar to the factors a custodial law enforcement agency may base its denial of disclosure upon: (1) release is necessary to advance a compelling public interest; (2) the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law; (3) the person requesting release is seeking to obtain evidence to determine legal issues in a current or potential court proceeding; (4) release would reveal information regarding a person that is of a highly sensitive personal nature; (5) release may harm the reputation or jeopardize the safety of a person; (6) release would create a serious threat to the fair, impartial, and orderly administration of justice; (7) confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation; and (8) there is good cause shown to release all portions of the recording. Provides that a court can only release those portions of the recording that are relevant to the person's request. Requires that, in any proceeding for the release of a recording, the following persons, or their designated representative, must be given an opportunity to be heard at any proceeding: (1) the head of the custodial law enforcement agency, (2) any law enforcement agency personnel whose image or voice is in the recording and thr head of that person's employing law enforcement agency, and (3) the District Attorney. Sets out that actions are to be set for a hearing as soon as practicable, and subsequent proceedings in the actions are to be accorded priority by the trial and appellate courts.

Requires that a custodial law enforcement agency must disclose or release a recording to a district attorney for review of potential criminal charges in order to comply with discovery requirements in a criminal prosecution or any other law enforcement purpose. In addition, a custodial law enforcement agency may disclose or release a recording for law enforcement training purposes, within the custodial law enforcement agency for any administrative, training, or law enforcement purpose, or to another law enforcement agency for law enforcement purposes.

Requires that any recording subject to the provisions of the statute are to be retained for at least a period of time required by the applicable records retention and disposition schedule developed by the Department of Natural and Cultural Resources Division of Archives and Records.

Requires each law enforcement agency that uses body-worn cameras or dashboard cameras to adopt a policy applicable to the use of those cameras.

Establishes that no civil liability can arise from compliance with the statute, provided that the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing.

Allows a law enforcement agency to charge a fee to offset the cost incurred by it to make a copy of a recording for release that cannot exceed the actual costs of making the copy.

Prohibits the court from awarding attorneys' fees to any party in any action brought pursuant to the statute.

Section 2

Enacts new GS 153A-458, GS 160A-490.1, and GS 114-64 to require the local law enforcement agency of any county or city, and any State law enforcement agency that uses the services of the State Bureau of Investigation (SBI) or the North Carolina State Crime Laboratory, to analyze a recording covered by GS 132-1.4A, as enacted by the act, to, at no cost, provide access to a method to view and analyze the recording upon request of the SBI or the State Crime Laboratory. 

Enacts new Article 8A to the Criminal Procedure Act, GS Chapter 15A, to require that any State or local law enforcement agency that uses the services of the SBI or the North Carolina State Crime Laboratory to analyze a recording covered by GS 132-1.4A, to, at no cost, provide access to a method to view and analyze the recording upon request of the SBI or the State Crime Laboratory. 

Provides that the act is effective October 1, 2016, and applies to all requests made on or after that date for the disclosure or release of a recording.