Under existing law, a recording made by a body-worn camera or dashboard camera used by law enforcement agencies may only be disclosed to an individual or personal representative of an individual whose image or voice is the subject of the recording. Under existing law, a law enforcement agency may choose not to disclose a recording if the disclosure would affect an ongoing active law enforcement investigation or prosecution. This bill would provide that during an ongoing active law enforcement investigation or prosecution, the disclosure of the recording may not be delayed unless the disclosure would substantially interfere with the investigation or prosecution. This bill would require the agency to periodically reassess the withholding and notify the requestor of the status of the disclosure, including the specific basis for the withholding. Under no circumstances may a disclosure be delayed more than six months from the date of the request.

Statutes affected:
Introduced: 36-21-213