REFERENCE TITLE: law enforcement video recordings; redactions

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

HB 2081

 

Introduced by

Representative Kavanagh

 

 

AN ACT

 

amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38-1121; relating to law enforcement officers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1121, to read:

START_STATUTE38-1121. Law enforcement video recordings; required redactions; written waiver

A. BEFORE A LAW ENFORCEMENT AGENCY RELEASES A COPY OF A VIDEO RECORDING FROM A LAW ENFORCEMENT OFFICER'S BODY-WORN CAMERA TO THE PUBLIC, THE LAW ENFORCEMENT AGENCY MUST REDACT ANY PORTION OF THE VIDEO RECORDING THAT SHOWS THE FACE OR AN IDENTIFIABLE BODY PART OF ANY PERSON WHO APPEARS IN THE VIDEO RECORDING IF THE PERSON IS NOT THE SUBJECT OF A POLICE INVESTIGATION OR ENFORCEMENT ACTION AND ANY OF THE FOLLOWING APPLIES:

1. THE PERSON WAS LOCATED IN EITHER:

(a) A PRIVATE LOCATION THAT WAS NOT OPEN TO THE PUBLIC.

(b) A PUBLIC LOCATION BUT THE PERSON HAD AN EXPECTATION OF PRIVACY.

2. THE PERSON IS A VICTIM OF OR WITNESS TO A CRIME.

3. THE PERSON WAS IN A STATE OF UNDRESS AND THE PERSON'S GROIN OR BUTTOCKS WERE NOT COVERED OR THE PERSON IS FEMALE AND THE PERSON'S BREASTS WERE NOT COVERED.

B. THIS SECTION DOES NOT APPLY TO A PERSON WHO PROVIDES THE LAW ENFORCEMENT AGENCY WITH A WRITTEN WAivER TO RELEASE THE VIDEO RECORDING WITHOUT ANY REDACTIONS OR TO ANY LAW ENFORCEMENT OFFICERS WHO are on duty. END_STATUTE