PRINTER'S NO. 2337
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1740
Session of
2017
INTRODUCED BY KINSEY, DEAN, VAZQUEZ, THOMAS, BULLOCK, V. BROWN,
SCHLOSSBERG, MILLARD AND PASHINSKI, AUGUST 24, 2017
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 24, 2017
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for recordings by body-worn
cameras.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 25
RECORDINGS BY BODY-WORN CAMERAS
Sec.
2501. Scope of chapter.
2502. Definitions.
2503. Policy.
2504. Redaction.
2505. Public notice.
§ 2501. Scope of chapter.
This chapter applies to a recording by a body-worn camera
worn by a law enforcement officer to record the events that
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occur while the officer is on duty.
§ 2502. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Law enforcement officer." A law enforcement officer as
defined in 18 Pa.C.S. § 5704(16)(iii) (relating to exceptions to
prohibition of interception and disclosure of communications).
§ 2503. Policy.
(a) General rule.--A law enforcement agency that employs law
enforcement officers who are outfitted with body-worn camera
technology shall develop an official policy relating to
recordings by body-worn cameras. A policy shall not conflict
with Federal law and shall contain the following elements:
(1) Information relating to recordings generally,
including protocols relating to when a law enforcement
officer is permitted to activate or disable a body-worn
camera.
(2) The retention of recordings.
(3) Access to and requests for copies of recordings in
accordance with subsections (b) and (c).
(4) Deletion and disposal of recordings.
(b) Limitations.--A recording by a body-worn camera may not
be made available to the public unless the following conditions
are met:
(1) The request for a recording either:
(i) specifically identifies the name of the person
or persons involved and the incident or case number; or
(ii) provides the specific date, time and location
of the incident.
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(2) One of the following apply:
(i) The person requesting the recording is directly
involved in the incident recorded. The person must
provide a written declaration made under penalty of
perjury that he or she does not intend to use the
recording to intimidate, threaten, abuse or harass a
person whose image or sound is contained in the
recording.
(ii) The person requesting the recording is an
attorney representing:
(A) a subject of a recording who is
incapacitated or deceased; or
(B) the lawful guardian of a minor who is a
subject of a recording.
(iii) A court finds, by clear and convincing
evidence, all of the following:
(A) The public interest in the release of the
recording significantly outweighs the privacy
interests of any person whose image or sound is
contained in the recording.
(B) The person requesting the recording
provided, to the extent practicable, notice of the
request to each person whose image or sound is
contained in the recording. At a minimum, individual
notice must be provided to each person who can be
identified through reasonable effort.
(C) Each person whose image or sound is
contained in the recording was provided reasonable
opportunity to obtain an order from the court to
enjoin all or some of the intended disclosure. A law
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enforcement agency must provide information
sufficient to enable the giving of notice, where
available, if providing the information would not
interfere with ongoing investigations.
(c) Identifying information.--A law enforcement agency
responding to a request for a recording may require the person
who requests the recording to identify himself or herself to
ensure compliance with subsection (b).
§ 2504. Redaction.
(a) Redaction authorized.--If access to a recording by a
body-worn camera is granted to a requester:
(1) Information that is exempt from access under section
708(b)(16) of the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law, shall be redacted prior to
release.
(2) A law enforcement agency may redact or obscure
specific portions of the recording which:
(i) depict the death of a person or a dead body;
(ii) depict nudity;
(iii) would identify an individual who is clearly
perceived or confirmed to be under 18 years of age;
(iv) contain an image or images that are clearly
offensive to common sensibilities; or
(v) would potentially compromise the right to
privacy or the safety of any subject of the recording.
(b) Written description.--Upon request of the person
requesting the recording, the release of a recording from which
an image or images were redacted under subsection (a)(2)(iv)
shall be accompanied by a written description of the image or
images redacted.
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§ 2505. Public notice.
A law enforcement agency shall post its policy under section
2503 (relating to policy) on its publicly accessible Internet
website.
Section 2. This act shall take effect in 180 days.
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