Trial Engrossment of Amendment A01144 to Senate Bill 0560 P.N. 0614, Regular Session 2017-2018

A01144

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

560

Session of

2017

INTRODUCED BY GREENLEAF, BREWSTER, BROOKS, RESCHENTHALER,

VULAKOVICH, SCHWANK, COSTA, MENSCH, McGARRIGLE, HAYWOOD,

RAFFERTY, HUGHES, BROWNE AND WARD, MARCH 27, 2017

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MARCH 28, 2017

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in wiretapping and electronic surveillance, further

providing for definitions, for exceptions to prohibition of

interception and disclosure of communications and for

exceptions to prohibitions in possession, sale, distribution,

manufacture or advertisement of electronic, mechanical or

other devices; and providing for recordings by law

enforcement officers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "oral communication" in section

5702 of Title 18 of the Pennsylvania Consolidated Statutes is

amended to read:

§ 5702. Definitions.

As used in this chapter, the following words and phrases

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Oral communication." Any oral communication uttered by a

person possessing an expectation that such communication is not

subject to interception under circumstances justifying such

expectation. The term does not include [any electronic

communication.] the following:

(1) An electronic communication.

(2) A communication made in the presence of a law

enforcement officer on official duty who is in uniform or

otherwise clearly identifiable as a law enforcement officer ,

sheriff or deputy sheriff and the law enforcement officer ,

sheriff or deputy sheriff is using an electronic, mechanical

or other device which has been approved under section 5706(b)

(4) (relating to exceptions to prohibitions in possession,

sale, distribution, manufacture or advertisement of

electronic, mechanical or other devices) for the purpose of

recording the communication.

* * *

Section 2. Sections 5704(13), (14) and (16) and 5706(b) of

Title 18 are amended to read:

§ 5704. Exceptions to prohibition of interception and

disclosure of communications.

It shall not be unlawful and no prior court approval shall be

required under this chapter for:

* * *

(13) An investigative officer, a law enforcement officer

or employees of the Department of Corrections for State

correctional facilities to intercept, record, monitor or

divulge any [telephone calls] oral communication, electronic

communication or wire communication from or to an inmate in a

facility under the following conditions:

(i) The Department of Corrections shall adhere to

the following procedures and restrictions when

A01144 - 2 -

intercepting, recording, monitoring or divulging any

[telephone calls] oral communication, electronic

communication or wire communication from or to an inmate

in a State correctional facility as provided for by this

paragraph:

(A) Before the implementation of this paragraph,

all inmates of the facility shall be notified in

writing that, as of the effective date of this

paragraph, their [telephone conversations] oral

communication, electronic communication or wire

communication may be intercepted, recorded, monitored

or divulged.

(B) Unless otherwise provided for in this

paragraph, after intercepting or recording [a

telephone conversation] an oral communication,

electronic communication or wire communication, only

the superintendent, warden or a designee of the

superintendent or warden or other chief

administrative official or his or her designee, or

law enforcement officers shall have access to that

recording.

[telephone conversation] oral communication,

electronic communication or wire communication shall

be divulged only as is necessary to safeguard the

orderly operation of the facility, in response to a

court order or in the prosecution or investigation of

any crime.

(ii) So as to safeguard the attorney-client

privilege, the Department of Corrections shall not

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intercept, record, monitor or divulge [any conversation]

an oral communication, electronic communication or wire

communication between an inmate and an attorney.

(iii) [Persons who are calling in to a facility to

speak to an inmate shall be notified that the call may be

recorded or monitored.] Persons who are engaging in an

oral communication, electronic communication or wire

communication with an inmate shall be notified that the

communication may be recorded or monitored. Notice may be

provided by any means reasonably designed to inform the

non-inmate party of the recording or monitoring.

(iv) The Department of Corrections shall promulgate

guidelines to implement the provisions of this paragraph

for State correctional facilities.

(14) An investigative officer, a law enforcement officer

or employees of a county correctional facility to intercept,

record, monitor or divulge [any telephone calls] an oral

communication, electronic communication or wire communication

from or to an inmate in a facility under the following

conditions:

(i) The county correctional facility shall adhere to

the following procedures and restrictions when

intercepting, recording, monitoring or divulging [any

telephone calls] an oral communication, electronic

communication or wire communication from or to an inmate

in a county correctional facility as provided for by this

paragraph:

(A) Before the implementation of this paragraph,

all inmates of the facility shall be notified in

writing that, as of the effective date of this

A01144 - 4 -

paragraph, their [telephone conversations] oral

communications, electronic communications or wire

communications may be intercepted, recorded,

monitored or divulged.

(B) Unless otherwise provided for in this

paragraph, after intercepting or recording [a

telephone conversation] an oral communication,

electronic communication or wire communication, only

the superintendent, warden or a designee of the

superintendent or warden or other chief

administrative official or his or her designee, or

law enforcement officers shall have access to that

recording.

[telephone conversation] oral communication,

electronic communication or wire communication shall

be divulged only as is necessary to safeguard the

orderly operation of the facility, in response to a

court order or in the prosecution or investigation of

any crime.

(ii) So as to safeguard the attorney-client

privilege, the county correctional facility shall not

intercept, record, monitor or divulge [any conversation]

an oral communication, electronic communication or wire

communication between an inmate and an attorney.

(iii) [Persons who are calling into a facility to

speak to an inmate shall be notified that the call may be

recorded or monitored.] Persons who are engaging in an

oral communication, electronic communication or wire

communication with an inmate shall be notified that the

A01144 - 5 -

communication may be recorded or monitored. Notice may be

provided by any means reasonably designed to inform the

non-inmate party of the recording or monitoring.

(iv) The superintendent, warden or a designee of the

superintendent or warden or other chief administrative

official of the county correctional system shall

promulgate guidelines to implement the provisions of this

paragraph for county correctional facilities.

* * *

[(16) A law enforcement officer, whether or not

certified under section 5724 (relating to training), acting

in the performance of his official duties to intercept and

record an oral communication between individuals in

accordance with the following:

(i) At the time of the interception, the oral

communication does not occur inside the residence of any

of the individuals.

(ii) At the time of the interception, the law

enforcement officer:

(A) is in uniform or otherwise clearly

identifiable as a law enforcement officer;

(B) is in close proximity to the individuals'

oral communication;

device which has been approved under section 5706(b)

(4) (relating to exceptions to prohibitions in

possession, sale, distribution, manufacture or

advertisement of electronic, mechanical or other

devices) to intercept the oral communication; and

(D) informs, as soon as reasonably practicable,

A01144 - 6 -

the individuals identifiably present that he has

intercepted and recorded the oral communication.

(iii) As used in this paragraph, the term "law

enforcement officer" means 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).]

* * *

§ 5706. Exceptions to prohibitions in possession, sale,

distribution, manufacture or advertisement of

electronic, mechanical or other devices.

* * *

(b) Responsibility.--

(1) Except as provided under paragraph (2), the Attorney

General and the district attorney or their designees so

designated in writing shall have the sole responsibility to

buy, possess and loan any electronic, mechanical or other

device which is to be used by investigative or law

enforcement officers for purposes of interception as

authorized under section 5704(2), (5) and (12) (relating to

exceptions to prohibition of interception and disclosure of

communications), 5712 (relating to issuance of order and

effect), 5713 (relating to emergency situations) or 5713.1

(relating to emergency hostage and barricade situations).

(2) The division or bureau or section of the

Pennsylvania State Police responsible for conducting the

training in the technical aspects of wiretapping and

electronic surveillance as required by section 5724 (relating

to training) may buy and possess any electronic, mechanical

A01144 - 7 -

or other device which is to be used by investigative or law

enforcement officers for purposes of interception as

authorized under section 5704(2), (5) and (12), 5712, 5713 or

5713.1 for the purpose of training. However, any electronic,

mechanical or other device bought or possessed under this

provision may be loaned to or used by investigative or law

enforcement officers for purposes of interception as

authorized under section 5704(2), (5) and (12), 5712, 5713 or

5713.1 only upon written approval by the Attorney General or

a deputy attorney general designated in writing by the

Attorney General or the district attorney or an assistant

district attorney designated in writing by the district

attorney of the county wherein the suspected criminal

activity has been, is or is about to occur.

(3) With the permission of the Attorney General or a

district attorney who has designated any supervising law

enforcement officer for purposes of interceptions as

authorized under section 5713.1, the law enforcement agency

which employs the supervising law enforcement officer may

buy, possess, loan or borrow any electronic, mechanical or

other device which is to be used by investigative or law

enforcement officers at the direction of the supervising law

enforcement officer solely for the purpose of interception as

authorized under sections 5704(12) and 5713.1.

(4) The Pennsylvania State Police shall annually

establish equipment standards for any electronic, mechanical

or other device which is to be used by law enforcement

officers for purposes of [interception as authorized under

section 5704(16).] recording a communication, other than an

oral communication, made in the presence of the law

A01144 - 8 -

enforcement officer on official duty who is in uniform or

otherwise clearly identifiable as a law enforcement officer.

The equipment standards shall be published annually in the

Pennsylvania Bulletin.

(5) The Pennsylvania State Police shall annually

establish and publish standards in the Pennsylvania Bulletin

for the secure onsite and offsite storage of an audio

recording or video recording made in accordance with

paragraph (4). The standards shall comply with the Federal

Bureau of Investigation's Criminal Justice Information

Services (CJIS) Security Policy.

(6) A vendor to law enforcement agencies which stores

data related to audio recordings and video recordings shall,

at a minimum, comply with the standards set forth by the

Pennsylvania State Police under paragraphs (4) and (5). Law

enforcement agencies under contract with a vendor for the

storage of data before the effective date of this paragraph

shall comply with paragraphs (4) and (5) and this paragraph

upon expiration or renewal of the contract

Section 3. Title 42 is amended by adding a chapter to read:

CHAPTER 67A

RECORDINGS BY LAW ENFORCEMENT OFFICERS

Sec.

67A01. Definitions.

67A02. Scope of chapter.

67A03. Requests for law enforcement audio recordings or video

recordings.

67A04. Potential evidence in a criminal matter.

67A05. Duties of law enforcement agencies.

67A06. Petition for approval.

A01144 - 9 -

67A07. Audio recording or video recording policies.

67A08. Construction.

67A09. Applicability.

§ 67A01. 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:

"Confidential information." Any of the following:

(1) The identity of a confidential source.

(2) The identity of a suspect who has not been charged

with an offense and OR WITNESS to whom confidentiality has

been ensured assured .

(3) Information made confidential by law or court order.

"Information pertaining to an investigation." An audio

recording or video recording which contains the any of the

following:

(1) Complaints or depictions of criminal conduct,

including all actions or statements made before or after the

criminal conduct that are part of or relate to the same

incident or occurrence.

(2) Upon disclosure, information that would:

(i) REVEAL THE INSTITUTION, PROGRESS OR RESULT OF A

CRIMINAL INVESTIGATION;

(II) deprive an individual of the right to a fair

trial or an impartial adjudication;

(ii) (III) impair the ability of the Attorney

General, a district attorney or a law enforcement officer

to locate a defendant or codefendant;

(iii) (IV) hinder the ability of the Attorney

General, a district attorney or a law enforcement officer

A01144 - 10 -

to secure an arrest, prosecution or conviction; or

(iv) (V) endanger the life or physical safety of an

individual.

"Law enforcement agency." An The Office of Attorney General,

a district attorney's office or an agency that employs a law

enforcement officer.

"Law enforcement officer." An officer of the United States,

the Commonwealth or a political subdivision thereof, another

state or political subdivision thereof or who is empowe red by

law to conduct investigations of or to make arrests for offenses

enumerated in this chapter or an equivalent crime in another

jurisdiction, a sheriff or deputy sheriff and any attorney

authorized by law to prosecute or participate in the pro secution

of the offense.

"Victim." An individual who resides in this Commonwealth and

was subjected to an act that was committed by another

individual, including a juvenile, which constitutes any of the

following:

(1) An offense committed under any of the following:

(i) The act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and

Cosmetic Act.

(ii) 18 Pa.C.S. (relating to crimes and offenses).

(iii) 30 Pa.C.S. § 5502 (relating to operating

watercraft under influence of alcohol or controlled

substance).

(iv) 30 Pa.C.S. § 5502.1 (relating to homicide by

watercraft while operating under influence).

(v) 75 Pa.C.S. § 3732 (relating to homicide by

vehicle).

A01144 - 11 -

(vi) 75 Pa.C.S. § 3735 (relating to homicide by

vehicle while driving under influence).

(vii) 75 Pa.C.S. § 3735.1 (relating to aggravated

assault by vehicle while driving under the influence).

(viii) 75 Pa.C.S. § 3742 (relating to accidents

involving death or personal injury).

(ix) 75 Pa.C.S. Ch. 38 (relating to driving after

imbibing alcohol or utilizing drugs).

(x) Any other Federal or State law.

(2) An offense similar to an offense listed under

paragraph (1) committed outside of this Commonwealth.

(3) An offense which would constitute grounds for the

issuance of relief under Chapter 62A (relating to protection

of victims of sexual violence or intimidation) or 23 Pa.C.S.

Ch. 61 (relating to protection from abuse).

(4) An offense against a resident of this Commonwealth

which is an act of international terrorism.

"Victim information." Information that would disclose the

identity or jeopardize the safety of a victim.

§ 67A02. Scope of chapter.

Except as otherwise provided under this chapter, the The act

of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law, shall not apply to an audio recording or a video recording

by a law enforcement officer under this chapter, including

communications between a law enforcement agency and the Attorney

General or the district attorney with jurisdiction. An audio

recording or video recording under this chapter made inside of a

facility owned or operated by a law enforcement agency shall not

be subject to public requests and shall be produced to the

public at the discretion of the Attorney General, the district

A01144 - 12 -

attorney with jurisdiction or the law enforcement

agency. Nothing in this section shall be construed to alter the

responsibilities of parties to criminal or civil litigation to

exchange information in accordance with the applicable rules of

procedure .

§ 67A03. Requests for law enforcement audio recordings or video

recordings.

The following shall apply:

(1) An individual who requests an audio recording or

video recording made by a law enforcement agency shall,

within 30 60 20 days of the date when the audio recording or

video recording was made, serve a written request to the

individual who is designated as the open-records officer for

the law enforcement agency under section 502 of the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law. Service is effective upon receipt of the written request

by the open-records officer.

(2) The request under paragraph (1) shall specify with

particularity the incident or event that is the subject of

the audio recording or video recording, including the date,

time and location of the incident or event.

(3) The request shall include a statement describing the

requester's relationship to the incident or event that is the

subject of the audio or video recording.

(3) (4) If the incident or event that is the subject of

the audio recording or video recording occurred inside a

residence, the request shall specify identify each individual

who was present at the time of the audio recording or video

recording or, if the identify of an individual is unknown,

describe the individual .

A01144 - 13 -

§ 67A04. Potential evidence in a criminal matter Law

enforcement review .

(a) Notice.--If Determination.--Except as provided in this

section , if a law enforcement agency determines that an audio

recording or video recording contains potential evidence in a

criminal matter, information pertaining to a criminal an

investigation or a matter in which a criminal charge has been

filed, confidential information or victim information and the

reasonable redaction of the audio or video recording would not

safeguard potential evidence, information pertaining to an

investigation, confidential information or victim information ,

the law enforcement agency shall certify deny the determination

in writing. The written certification denial shall state that no

reasonable redaction of the audio recording or video recording

will safeguard potential evidence, information pertaining to an

investigation, confidential information or victim information.

If a memorandum of understanding an agreement under subsection

(b) is in effect between the law enforcement agency and the

Attorney General or the district attorney with jurisdiction, the

law enforcement agency shall provide the written certification

to the Attorney General or the district attorney with

jurisdiction issue the written denial to the requester .

(b) Agreement.--A law enforcement agency may enter into a

memorandum of understanding with the Attorney General or the

district attorney with jurisdiction to ensure consultation

regarding the reviewing of audio recordings or video recordings

in order to make a determination under subsection (c). or to

require the Attorney General or district attorney with

jurisdiction to issue a denial permitted under subsection (a).

A01144 - 14 -

attorney with jurisdiction may, after receiving the written

certification under subsection (a), make a determination that a

recording requested under section 67A03 (relating to requests

for law enforcement audio recordings or video recordings)

contains potential evidence in a criminal matter, information

pertaining to an investigation, confidential information or

victim information and that no redaction of the recording will

safeguard the potential evidence, information pertaining to an

investigation, confidential information or victim information.

(d) Grounds for denial.--A request under section 67A03 shall

be denied if the Attorney General or the district attorney with

jurisdiction makes a determination under subsection (c).

§ 67A05. Duties of law enforcement agencies Procedure .

(a) Disclosure.--A law enforcement agency that receives a

request under section 67A03 (relating to requests for law

enforcement audio recordings or video recordings) for an audio

recording or video recording shall provide the audio recording

or video recording or explain why the request is denied identify

in writing the basis for denying the request within 60 30 days

of receiving the request, unless the requester and law

enforcement agency agree to a longer time period. If an

agreement under subsection (b) is in effect between the law

enfor cement agency and the Attorney General or district attorney

with jurisdiction, then an agreement to a longer time period

must be between the requester and the Attorney General or

district attorney with jurisdiction.

(b) Denials.--The request under section 67A03 shall be

considered deemed denied if the law enforcement agency does not

provide the audio recording or video recording to the requester

or explain why the request is denied within the time period

A01144 - 15 -

specified or agreed to under subsection (a).

received a request for an audio recording or video recording

shall preserve the unaltered audio recording or video recording

that has been requested for no less than the time periods

provided in this chapter for service of and responses to written

requests for the production of the audio recording or video

recording.

(d) Fees.--A law enforcement agency may establish reasonable

fees relating to the costs incurred to disclose audio recordings

or video recordings. The fees shall be paid by the requesting

party at the time of disclosure of the audio recording or video

recording.

(e) Construction.--Nothing in this section shall be

construed to prohibit a law enforcement agency from redacting an

audio recording or video recording in order to protect potential

evidence in a criminal matter, information pertaining to an

investigation, confidential information or victim information.

§ 67A06. Petition for approval.

(a) Petition.--

(1) If a request under section 67A03 (relating to

requests for law enforcement audio recordings or video

recordings) is denied, the requester may file a petition for

judicial review in the court of common pleas with

jurisdiction within 30 days of the date of denial.

(2) The respondent to a petition filed under this

section shall be the entity that denied the request for the

audio recording or video recording under section 67A05(a)

(relating to duties of law enforcement agencies) unless the

request is denied under section 67A05(b), in which case the

A01144 - 16 -

law enforcement agency that created the audio recording or

video recording shall be the respondent.

(b) Duties of petitioner.--A petitioner under this section

shall have the following duties:

(1) The petitioner shall pay a filing fee of $125.

(2) If the incident or event that is the subject of the

request occurred inside a residence, the petitioner shall

certify that notice of the petition has been served or that

service was attempted on each individual who was present at

the time of the audio recording or video recording and on the

owner and occupant of the residence. Notice shall not be

required under this paragraph if the identity of an

individual present or the location is unknown or not

reasonably ascertainable by the petitioner. Service shall be

effective upon receipt from personal delivery or certified

mail.

(3) The petitioner shall include with the petition a

copy of the written request under section 67A03 that was

served on the law enforcement agency and any written response

by the law enforcement agency or Attorney General or district

attorney wi th jurisdiction to the request.

(4) The petitioner shall serve notice of the petition to

the respondent on the same date that the petitioner files the

petition with the court of common pleas with jurisdiction.

petition for judicial review, the Attorney General or the

district attorney who provides certification under section

section 67A04(c) (relating to potential evidence in a criminal

matter) may intervene in a petition filed under this section as

necessary and appropriate.

A01144 - 17 -

(d) Summary dismissal.--It shall be grounds for summary

dismissal of a petition filed under this section if:

(1) the request to the law enforcement agency under

section 67A03 or the filing of the petition under subsection

(a) is untimely; OR

(2) the request to the law enforcement agency failed to

describe with sufficient particularity the incident or event

that is the subject of the audio recording or video

recording, including the date, time and location of the

incident or event ; or

(3) the request was denied under section 67A04 .

(e) Approval.--A court of common pleas with jurisdiction may

only grant a petition under this section, in whole or in part,

and order the disclosure of the audio recording or video

recording if the court of common pleas determines that the

petitioner has established all of the following by a

preponderance of the evidence:

(1) The request was not denied under section 67A04 ,

unless OR THE REQUEST WAS DENIED UNDER SECTION 67A04 AND the

court of common pleas with jurisdiction determines , WITH

DEFERENCE GIVEN TO THE ENTITY THAT MADE THE CERTIFICATION

UNDER SECTION 67A04, that the denial was arbitrary and

capricious.

(2) Disclosure of the audio recording or video recording

would be permissible under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(3) (2) The public interest of disclosing in disclosure

of the audio recording or video recording or the interest of

the petitioner outweighs the interests of the Commonwealth,

the law enforcement agency or an individual's interest in

A01144 - 18 -

nondisclosure. In making a determination under this

paragraph, the court of common pleas may consider the

public's interest in understanding how law enforcement

officers interact with the public, the interests of crime

victims , law enforcement and others with respect to safety

and privacy and the resources available to review and

disclose the audio recording or video recording.

§ 67A07. Audio recording or video recording policies.

(a) Policies.--A municipal law enforcement agency or sheriff

that makes audio recordings or video recordings shall comply

with the guidelines established under 18 Pa.C.S. § 5706(b)(4),

(5) and (6) (relating to exceptions to prohibitions in

possession, sale, distribution, manufacture or advertisement of

electronic, mechanical or other devices) and shall establish

written policies for the following:

(1) The training of law enforcement officers authorized

to make audio recordings or video recordings.

(2) The time periods when an electronic, mechanical or

other device shall be in operation to make audio recordings

or video recordings.

(3) The proper use, maintenance and storage of the

electronic, mechanical or other device to make audio

recordings or video recordings, including equipment

inspections and audits and procedures to address

malfunctioning equipment.

(4) The information collected from audio recordings or

video recordings, including the information's storage,

accessibility and retrieval.

(5) Electronic records retention.

(6) The use of facial recognition software or programs.

A01144 - 19 -

(7) A statement that a violation of the agency's policy

subjects the violator to the agency's disciplinary policy.

(8) Supervisory responsibilities.

(b) Review and approval.--The following shall apply:

(1) The policies established under subsection (a) shall

be submitted for approval to the Pennsylvania Commission on

Crime and Delinquency in a format designated by the

commission.

(2) The commission shall approve and recommend revisions

to the policies under subsection (a) in accordance with

research findings and the best evidence-based practices in

the field of criminal justice.

(3) After the commission approves the policies under

subsection (a), the law enforcement agency shall make the

policy available on the municipality's publicly accessible

Internet website.

(4) The law enforcement agency shall resubmit the

written policies to the Pennsylvania Commission on Crime and

Delinquency when changes to the policies are proposed and

every three years after the last approval of the policies by

the Pennsylvania Commission on Crime and Delinquency,

whichever occurs first.

training, funding and technical assistance to law enforcement

agencies regarding the use of electronic, mechanical or other

devices to make audio and video recordings. In order to receive

training, funding and technical assistance from the commission,

a law enforcement agency must have written policies approved

under this section by the commission.

(b) Pennsylvania Commission on Crime and Delinquency.--The

A01144 - 20 -

Pennsylvania Commission on Crime and Delinquency is authorized

to condition funding or a grant related to the implementation,

use, maintenance or storage of body worn cameras or recordings

from body worn cameras on the following:

(1) Requiring the grantee to have a protocol, guidelines

or written policies related to the implementation, use,

maintenance or storage of body worn cameras.

(2) Requiring that such a protocol, guidelines or

written policies are publicly accessible, including being

retrievable on a municipal website.

(3) Ensuring that the protocol, guidelines, or written

policies substantially comply with applicable recommendations

by the commission.

§ 67A08. Construction.

The following shall apply:

(1) Nothing in this chapter shall be construed to alter

the responsibilities of parties to any criminal or civil

litigation to exchange information in accordance with

applicable rules of procedure.

(2) Nothing in this chapter shall be construed to

preclude the Attorney General, a district attorney or a law

enforcement agency from disclosing an audio recording or

video recording in the absence of a written request or beyond

the time periods stated in this chapter, but the Attorney

General and or the district attorney with jurisdiction must

agree to the disclosure in writing if:

(i) the audio recording or video recording contains

potential evidence in a criminal matter, information

pertaining to an investigation, confidential information

or victim information; and

A01144 - 21 -

(ii) no reasonable redaction of the audio recording

or video recording will not safeguard the potential

evidence, information pertaining to an investigation,

confidential information or victim information.

§ 67A09. Applicability.

The provisions of this chapter shall not apply if the

provisions conflict with any other Federal or State law.

Section 4. This act shall take effect in 60 days.

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