Bill Summary for H 791 (2019-2020)

Summary date: 

Apr 16 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 791 (Public) Filed Tuesday, April 16, 2019
AN ACT TO AMEND G.S. 132-1.4A REGARDING LAW ENFORCEMENT AGENCY RECORDINGS AND G.S. 143-318.11 CONCERNING CLOSED SESSIONS.
Intro. by Faircloth.

View: All Summaries for BillTracking:

Bill summary

Amends GS 132-1.4A, concerning law enforcement agency recordings, by adding and defining the terms citizens' review board and deceased person. Further amends the statute to separate out the allowable release of recordings for judicial purposes and for law enforcement purposes. Adds to the allowable law enforcement purposes the release, for investigative purposes, of a single or limited number of randomly selected still images, depicting a face or other identifying characteristic, extracted from a recording as needed to identify or locate a potential criminal suspect. Adds a new local government category of purposes for which a custodial law enforcement agency may disclose a recording, allowing disclosure: (1) to the municipal or county manager, upon request and subject to a confidentiality agreement; (2) to the municipal council or board of county commissioners in closed session, upon the recommendation of the manager, subject to majority vote and with each viewing member or commissioner having signed a confidentiality agreement; and (3) to a citizens' review board in a closed session with each member having signed a confidentiality agreement. Makes violation of a confidentiality agreement required pursuant to the statute a Class 1 misdemeanor. Provides that the statute preempts any existing county or municipal ordinances or regulations on the matter and prohibit local units from enacting any ordinance or regulation relating to the matter.

Makes conforming changes to GS 143-318.11 to allow a public body to have a closed session when it is required to view a recording regulated under GS 132-1.4A (was, a recording released under GS 132-1.4A).

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view