Enrolled House Bill (H)

Authored by

DIGEST

Establishes a procedure for the release of law enforcement recordings (recordings) under the public records law. Exempts custodial interrogations described in Indiana Evidence Rule 617 from provisions applicable to other law enforcement recordings. Requires a public agency to permit the following persons (defined as a "requestor" in the statute) to view a recording at least twice: (1) A person depicted in a recording, or if the person is deceased or incapacitated, the person's relative or representative. (2) An owner or occupant of real property depicted in a recording. (3) A crime victim, if the depicted events are relevant to the Establishes a procedure for the release of law enforcement recordings (recordings) under the public records law. Exempts custodial interrogations described in Indiana Evidence Rule 617 from provisions applicable to other law enforcement recordings. Requires a public agency to permit the following persons (defined as a "requestor" in the statute) to view a recording at least twice: (1) A person depicted in a recording, or if the person is deceased or incapacitated, the person's relative or representative. (2) An owner or occupant of real property depicted in a recording. (3) A crime victim, if the depicted events are relevant to the crime. (4) A person who suffers a loss due to personal injury or property damage, if the depicted events are relevant to the person's loss. Allows a "requestor" to be awarded attorney's fees, court costs, and other reasonable expenses if the "requestor" prevails in an action against a public agency to view a recording. Requires a public agency to permit all persons to inspect and copy a recording unless the public agency can demonstrate that release of the recording would: (1) pose a significant risk of harm to a person or the public; (2) interfere with a person's ability to get a fair trial; (3) affect an ongoing investigation; or (4) not serve the public interest. Provides that a recording that captures information relating to airport security may not be released for public inspection without the approval of the airport operator. Specifies the procedure to obtain a court order for the release of a law enforcement recording, and requires a court to expedite the proceedings. Caps the fee for copying a law enforcement recording at $150, and specifies that the agency collecting the fee may spend the fee for certain purposes. Specifies information that a public agency may or must obscure from a law enforcement recording before disclosing it. Establishes the length of time that a public agency must retain a law enforcement recording. Exempts a law enforcement recording from a criminal statute prohibiting placement of a camera on the private property of another person. Resolves technical conflicts with SEA 378-2016 and HEA 1022-2016. (The introduced version of this bill was prepared by the interim study committee on government.) ... View more