HB 5115

Abstract

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that recordings made with the use of an officer-worn body camera are not subject to disclosure under the Freedom of Information Act, unless the State’s Attorney has determined in writing, that the recording is not and shall not be used as evidence at trial, and (1) if the subject of the encounter has a reasonable expectation of privacy, at the time of the recording, any recording which is flagged, due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm, shall be disclosed in accordance with the Freedom of Information Act if: (i) the subject of the encounter captured on the recording is a victim or witness; and (ii) the law enforcement agency obtains written permission of the subject or the subject's legal representative; (2) any recording which is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm shall be disclosed in accordance with the Freedom of Information Act; and (3) upon request, the law enforcement agency shall disclose, in accordance with the Freedom of Information Act, the recording to the subject of the encounter captured on the recording or to the subject's attorney, or the officer or his or her legal representative.