Bill Summary for H 972 (2015-2016)

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Summary date: 

Jun 23 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

House amendments make the following changes to the 3rd edition.

Amendment #1 amends subsection (g) of proposed GS 132-1.4A to add to the purposes for which a custodial law enforcement agency must disclose or release a recording to a district attorney, to require disclosure or release for the purpose of use in criminal proceedings in district court. Makes technical changes.

Amendment #4 amends subsection (f) of proposed GS 132-1.4A, concerning the release of recordings generally and the requirement of a court order, to allow the court to place any conditions or restrictions of the release of the recording that the court, in its discretion, deems appropriate when the court releases the portions of the recording that are relevant to the person's request, pursuant to subsection (f).

Amends GS 143-318.11(a), which sets out when a public body is authorized to hold a closed session and exclude the public, to add a new subdivision to permit a public body to hold a closed session and exclude the public when a closed session is required to view a recording released pursuant to GS 132-1.4A, as enacted by the act.