On Thursday, the Alabama Legislature passed legislation that would require law enforcement agencies to share body camera footage in an investigation. The Senate passed the bill on Thursday. It has already passed the Alabama House of Representatives and is now on the governor’s desk.
House Bill 289 (HB289) is sponsored by State Representative Juandalynn Givan (D-Birmingham). The legislation was carried in the Senate by State Senator Bobby Singleton (R-Greensboro).
It passed the Senate with virtually no debate.
HB289 “provides for circumstances and procedures to disclose or release recordings made by body-worn cameras or dashboard cameras used by law enforcement agencies, and to provide who may request disclosure or release and the procedure for requesting disclosure or release of recordings.”
Disclosure under this bill means: “to make a recording available for viewing or listening at a time and location chosen by the custodial law enforcement agency. This term does not include the release of a recording.”
“Recordings in the custody of a law enforcement agency shall be disclosed to an individual or personal representative only as provided by this act. This act does not apply to the exchange of recordings between law enforcement or prosecuting agencies. An individual requesting disclosure of a recording must 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.”
“A custodial law enforcement agency may only disclose a recording to the following:
· (1) An individual whose image or voice is the subject of the recording.
· (2) A personal representative of an adult individual whose image or voice is the subject of the recording if the adult individual has consented to the disclosure.
· (3) A personal representative of a minor whose image or voice is the subject of the recording.
· (4) A personal representative of an adult individual under lawful guardianship whose image or voice is the subject of the recording.
· (5) A personal representative of an adult individual who is incapacitated and unable to provide consent to disclosure whose image or voice is the subject of the recording.
· (6) A personal representative of a deceased individual whose image or voice is the subject of the recording.
“When disclosing a recording, the custodial law enforcement agency shall disclose only those portions of the recording that are relevant to the individual’s request. An individual who receives disclosure pursuant to this section shall not record or copy the recording.”
“Upon receipt of the written request for disclosure, as promptly as possible, the custodial law enforcement agency must do either of the following: (1) Disclose the portion of the recording relevant to the individual’s request. (2) Notify the requestor of the custodial law enforcement agency’s decision not to disclose the recording. A custodial law enforcement agency may choose to not disclose the recording if the disclosure would affect an ongoing active law enforcement investigation or prosecution.”
“A custodial law enforcement agency may charge a reasonable fee for redaction and editing of a recording. Any recording subject to this act shall be retained for at least the period of time required by the applicable records retention and disposition schedule.”
HB289 passed the Senate 21 to 8. It had previously passed the House of Representatives by a vote of 85 to 14.
To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
