PRINTER'S NO. 2021
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1781
Session of
2021
INTRODUCED BY KINSEY, A. BROWN, KIRKLAND, HILL-EVANS, FRANKEL,
HOHENSTEIN, ISAACSON, SCHLOSSBERG, McNEILL, KINKEAD,
N. NELSON, GUENST, SANCHEZ, WEBSTER, BULLOCK, SCHWEYER,
WARREN, DEASY AND OTTEN, AUGUST 12, 2021
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 12, 2021
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
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worn by a law enforcement officer to record the events that
occur while the law enforcement 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 member of the Pennsylvania
State Police or an individual employed as a police officer who
holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training).
§ 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. The 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
individual or individuals involved and the incident or
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case number; or
(ii) provides the specific date, time and location
of the incident.
(2) One of the following apply:
(i) The individual requesting the recording is
directly involved in the incident recorded. The
individual must provide a written declaration made under
penalty of perjury that the individual does not intend to
use the recording to intimidate, threaten, abuse or
harass an individual whose image or sound is contained in
the recording.
(ii) The individual 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 individual whose image or sound is
contained in the recording.
(B) The individual requesting the recording
provided, to the extent practicable, notice of the
request to each individual whose image or sound is
contained in the recording. At a minimum, notice must
be provided to each individual who can be identified
through reasonable effort.
(C) Each individual whose image or sound is
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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
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
individual 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 an individual 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 individual
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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.
§ 2505. Public notice.
A law enforcement agency shall post the law enforcement
agency's 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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