Bill Summary for H 972 (2015-2016)
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| View NCGA Bill Details | 2015-2016 Session |
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
House amendment makes the following changes to the 5th edition.
Amends proposed GS 132-1.4A by adding the following. Allows a person authorized to receive disclosure under (c) of the statute, or the custodial law enforcement agency, to petition the superior court in any county where any portion of the recording was made for an order releasing the recording to a person authorized to receive disclosure. Prohibits charging a fee for filing the petition and specifies requirements for the petition form and required included information. Requires notice and an opportunity to be heard to be given to the head of the custodial law enforcement agency when the petitioner is a person authorized to receive disclosure. Requires these petitions to be set for hearing as soon as practicable and given priority by the court. Requires the court to determine if the person to whom release is requested is a person authorized to receive disclosure, and allows the court to make the determination in an in-camera review of the recording, with discretion to allow the petitioner to be present to identify the image or voice in the recording. If the court determines that the person is not authorized to receive disclosure, there is no right of appeal and the petitioner may file an action for release under the statute. If the court determines that the person to whom release of the recording is requested is a person authorized to receive disclosure under the statute, the court must consider the standards in the statute and others the court deems relevant in determining whether to order the release of all or a portion of the recording. Allows the court to conduct an in-camera review of the recording. Specifies that the court must release only those portions of the recording that are relevant to the request and allows the court to place conditions or restrictions on the release of the recording the court deems appropriate. Makes conforming changes.