Page 1, strike lines 1 through 4, insert:
Page 1, line 5, strike "Definitions" insert
"Definition"
Line 6, strike the colon insert a comma
Line 7, strike "1."
Strike lines 9 through 23
Line 6, after the semicolon insert "training
recordings; public records;"
Strike lines 10 and 11, insert:
Strike pages 2 and 3, insert:
Line 17, after "practicable"
insert ", unless otherwise
prohibited by law"
Page 2, line 1, strike "at"
Between lines 2 and 3, insert:
"8. Any
activity that is likely to lead to a criminal or civil court action.
9. Any
activity in which all of the involved parties consent to the recording and the
recording is not otherwise prohibited by law or a law enforcement agency
policy."
Line 3, strike "deactivate"
insert "turn off"
Line 4, after the period insert "If at any time a law enforcement officer forgets to turn off
the body camera, the law enforcement officer shall notify the law enforcement
agency and the recording may not be viewed."
Line 11, after "2."
insert "Unless prohibited by law
or a law enforcement agency policy,"
Line 15, after "3."
insert "Unless prohibited by law
or a law enforcement agency policy,"
Line 24, strike the quotation mark
Page 2, strike lines 25 and 26,
insert:
"4. A conversation or activity that occurs during
the situation but that is not related to the situation, including a personal
conversation or the use of restroom facilities.
F. If the recorded incident involves a law enforcement
activity or the handling of an emotionally disturbed person, the recorded
incident may be saved and used for training purposes. A recorded
incident saved for training purposes may be viewed only by law enforcement
officers, law enforcement recruits, reserve law enforcement officers, posse
members, volunteer law enforcement officers and law enforcement dispatchers
and, if applicable, any consultants or outside training personnel.
G. A law enforcement officer body camera recording and any
electronic data associated with the recording is not a public record and is
exempt from title 39, chapter 1. A law enforcement agency shall release a
recording, or a portion of a recording, to the public only if the public's need
to view the recording outweighs the interests of privacy or confidentiality or
the best interests of the state, the release will not interfere with or
compromise an ongoing investigation and the request is not burdensome or
harassing. A person's right to avoid public embarrassment outweighs
the public's right to view a recording for entertainment purposes. If a law
enforcement agency does not consent to the release of a body camera recording,
the person making a request for the recording may file a special action in
superior court. The superior court shall review whether or not the law
enforcement agency's determination complies with this subsection. The court may award attorney
fees and other legal costs that are reasonably incurred in any action under
this subsection if the person seeking the recordings has substantially prevailed.
Any person who is wrongfully denied access to a recording pursuant to this
subsection has a cause of action against the law enforcement agency for any
damages resulting from the denial."
Line 27, strike the quotation mark
Page 3, between lines 5 and 6,
insert:
"4. One
county sheriff who is appointed by the governor.
5. One
member who is a faculty member in a criminal justice program at a university in
this state and who is appointed by the governor.
6. One representative of a
news gathering organization who is appointed by the governor."
Renumber to conform
Line 6, strike "representative of the attorney general's
office" insert "state prosecutor"
Line 7, strike "attorney general" insert
"Arizona prosecuting attorneys' advisory council"
Line 8, strike "One person who is a member of a
statewide" insert "Three persons who are members of a"
Line 9, strike "is" insert "are"
Line 10, after "bar" insert ", one of whom
represents a group that promotes civil liberties,"
Line 12, after "state" insert ", one of whom is
associated with a civil rights association,"
Line 15, after "cameras" insert "and body camera
recordings"
Amend title to conform
Bill
Number: S.B. 1300