Bill Amendment: AZ SB1300 | 2015 | Fifty-second Legislature 1st Regular
Bill Title: Law enforcement officers; body cameras
Status: 2015-04-01 - Chapter 161 [SB1300 Detail]
Download: Arizona-2015-SB1300-SENATE_ADOPTED_AMENDMENT_Kavanagh_flr_amend_ref_APPROP_adopted.html
Bill
Number: S.B. 1300
Kavanagh Floor Amendment
Reference to: APPROP amendment
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Outlines additional circumstances that an officer must record, if practicable, unless otherwise prohibited by law.
2. Stipulates recordings are not viewable if the officer forgets to turn off the camera.
3. Allows recordings to be saved and used for training purposes.
4. Specifies recordings are not a public record, but enumerates circumstances in which a law enforcement agency must release a recording and delineates an appeal process through the superior court.
5. Modifies the membership of the study committee.
Fifty-second Legislature Kavanagh
First Regular Session S.B. 1300
KAVANAGH FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1300
(Reference to APPROP amendment)
Page 1, strike lines 1 through 4, insert:
Page 1, line 5, strike "Definitions" insert "Definition"
Line 6, strike the colon insert a comma
Line 7, strike "1."
Strike lines 9 through 23
Line 6, after the semicolon insert "training recordings; public records;"
Strike lines 10 and 11, insert:
Strike pages 2 and 3, insert:
Line 17, after "practicable" insert ", unless otherwise prohibited by law"
Page 2, line 1, strike "at"
Between lines 2 and 3, insert:
"8. Any activity that is likely to lead to a criminal or civil court action.
9. Any activity in which all of the involved parties consent to the recording and the recording is not otherwise prohibited by law or a law enforcement agency policy."
Line 3, strike "deactivate" insert "turn off"
Line 4, after the period insert "If at any time a law enforcement officer forgets to turn off the body camera, the law enforcement officer shall notify the law enforcement agency and the recording may not be viewed."
Line 11, after "2." insert "Unless prohibited by law or a law enforcement agency policy,"
Line 15, after "3." insert "Unless prohibited by law or a law enforcement agency policy,"
Line 24, strike the quotation mark
Page 2, strike lines 25 and 26, insert:
"4. A conversation or activity that occurs during the situation but that is not related to the situation, including a personal conversation or the use of restroom facilities.
F. If the recorded incident involves a law enforcement activity or the handling of an emotionally disturbed person, the recorded incident may be saved and used for training purposes. A recorded incident saved for training purposes may be viewed only by law enforcement officers, law enforcement recruits, reserve law enforcement officers, posse members, volunteer law enforcement officers and law enforcement dispatchers and, if applicable, any consultants or outside training personnel.
G. A law enforcement officer body camera recording and any electronic data associated with the recording is not a public record and is exempt from title 39, chapter 1. A law enforcement agency shall release a recording, or a portion of a recording, to the public only if the public's need to view the recording outweighs the interests of privacy or confidentiality or the best interests of the state, the release will not interfere with or compromise an ongoing investigation and the request is not burdensome or harassing. A person's right to avoid public embarrassment outweighs the public's right to view a recording for entertainment purposes. If a law enforcement agency does not consent to the release of a body camera recording, the person making a request for the recording may file a special action in superior court. The superior court shall review whether or not the law enforcement agency's determination complies with this subsection. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this subsection if the person seeking the recordings has substantially prevailed. Any person who is wrongfully denied access to a recording pursuant to this subsection has a cause of action against the law enforcement agency for any damages resulting from the denial."
Line 27, strike the quotation mark
Page 3, between lines 5 and 6, insert:
"4. One county sheriff who is appointed by the governor.
5. One member who is a faculty member in a criminal justice program at a university in this state and who is appointed by the governor.
6. One representative of a news gathering organization who is appointed by the governor."
Renumber to conform
Line 6, strike "representative of the attorney general's office" insert "state prosecutor"
Line 7, strike "attorney general" insert "Arizona prosecuting attorneys' advisory council"
Line 8, strike "One person who is a member of a statewide" insert "Three persons who are members of a"
Line 9, strike "is" insert "are"
Line 10, after "bar" insert ", one of whom represents a group that promotes civil liberties,"
Line 12, after "state" insert ", one of whom is associated with a civil rights association,"
Line 15, after "cameras" insert "and body camera recordings"
Amend title to conform
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1300jk1
03/05/2015
12:32 PM
C: sp
