Bill Summary for S 109 (2021-2022)

Summary date: 

Feb 17 2021

Bill Information:

View NCGA Bill Details2021-2022 Session
Senate Bill 109 (Local) Filed Wednesday, February 17, 2021
AN ACT TO AMEND THE PUBLIC RECORD STATUTES WITH REGARD TO THE CITY OF WINSTON-SALEM RELATED TO LAW ENFORCEMENT AGENCY RECORDINGS AND CLOSED SESSIONS.
Intro. by Lowe.

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Bill summary

Applies only to the City of Winston-Salem.

Amends GS 132-1.4A regarding law enforcement agency recordings. Expands purposes for which the custodial law enforcement agency can disclose or release a recording to now include disclosing or releasing a recording: (1) to partnering local agencies for any internal investigation, administration decision making, or training purpose; (2) to school resource officers for disclosure to a juvenile whose image or voice is captured in the recording, such juvenile's parents or legal guardians, and principals and school administrators where such juvenile is enrolled; (3) to a citizen review board, as defined, for review of complaints so long as board members have executed a confidentiality agreement; (4) to identify or locate a potential criminal suspect, victim of a crime, or missing person so long as single or limited random images extracted from the recording which depict only the face or other identifying characteristics of the suspect, victim, or missing person are disclosed or released; (5) to the city or county manager upon the manager's request for management and administrative purposes, as specified, so long as the manager has executed a confidentiality agreement; and (6) to the city or town council in closed session upon recommendation of the city or town manager and majority vote of the city or town council so long as council members have executed a confidentiality agreement. Prohibits release of recorded images to the public by a citizens review board, a city or county manager, or a city or town council unless required by court order. Allows council members to make public statements to restore confidence in law enforcement without breaching the confidentiality agreement. Makes it a Class 3 misdemeanor punishable by a fine at the court's discretion, not exceeding $500, for any person to knowingly and willfully disclose or release a recording in violation of the statute. 

Amends GS 143-318.11, allowing a public body to hold a closed session when required to view a recording regulated (was, released) pursuant to GS 132-1.4A, as amended.

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