Bill Text: CT HB05467 | 2018 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Retention Of Electronic Surveillance Recordings In Certain Premises Liability Matters.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-19 - File Number 585 [HB05467 Detail]
Download: Connecticut-2018-HB05467-Comm_Sub.html
General Assembly |
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February Session, 2018 |
*_____HB05467JUD___040418____* |
AN ACT CONCERNING THE RETENTION OF ELECTRONIC SURVEILLANCE RECORDINGS IN CERTAIN PREMISES LIABILITY MATTERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2018) (a) As used in this section: (1) "Injury-producing event" means any instance of bodily injury or death to a person while on the premises, provided such event required (A) an emergency medical response, (B) the person or entity having possession or control of the premises to complete a written report concerning such event, or (C) the person or entity having possession or control of the premises to report such event to a liability insurance carrier, and (2) "premises" means a retail establishment, business premises or commercial premises, but does not include a dwelling unit, as defined in section 47a-1 of the general statutes.
(b) The following persons or entities, shall, upon having actual notice of an injury-producing event, preserve the digital, video or electronic surveillance recording of the injury-producing event and the conditions of the premises where the injury occurred: (1) The owner or tenant of such premises, (2) the agent of such owner or tenant, (3) any other individual or entity having possession or control over such premises, and (4) any other individual or entity who has possession or control over digital, video or other electronic form of surveillance of an injury-producing event on such premises. The digital, video or electronic surveillance recording preserved under this subsection shall be that portion of the recording that commences six hours before and one hour after the injury-producing event. If the digital, video or electronic surveillance technology installed at the premises at the time of the injury-producing event does not allow for a recording for the length of time prescribed in this subsection, the length of time for such recording shall be the maximum recording time period before and after the injury-producing event that can be captured utilizing such technology. The person or entity responsible for the preservation of the recording shall retain the original recording for a period of two years commencing from the date of the injury-producing event. A person or entity shall be presumed to have actual notice of an injury-producing event under this subsection if such event required (A) an emergency medical response, (B) the person or entity having possession or control of the premises to complete a written report concerning such event, or (C) the person or entity having possession or control of the premises to report such event to a liability insurance carrier.
(c) During the two-year period commencing on the date of the injury-producing event, a person who experienced an injury-producing event or the legal representative of such person may request disclosure of the digital, video or electronic surveillance recording preserved under subsection (b) of this section. A request for disclosure from the legal representative of such person shall be accompanied by written documentation that evidences the legal representative's authority to act on behalf of such person. The person or entity responsible for the preservation of the recording shall disclose such recording to the person making the request not later than thirty days after the date of receiving the request for disclosure and may request a reasonable, cost-based fee for such recording. The recording shall be disclosed in its original recorded format and a readable format, if necessary, in order to ensure that the person who experienced an injury-producing event or the legal representative of such person is able to view the surveillance. As used in this section, "reasonable, cost-based fee" means the cost of any supplies used to produce the recording and, if a request is made that a recording be mailed to a person or his or her legal representative, postage fees.
(d) In addition to any other remedy provided by law or rule of the court to an injured person, the failure on the part of a person or entity responsible for the preservation and disclosure of the digital, video or electronic surveillance recording to disclose the recording pursuant to subsection (c) of this section, shall preclude such person or entity from using the recording in any legal proceeding by an injured person, except a trial judge may allow use of any such digital, video or electronic surveillance by such person upon a showing of good cause, setting forth the reasons why the digital, video or electronic surveillance recording could not be disclosed within the time period prescribed in subsection (c) of this section.
(e) The provisions of this section do not alter or amend any discovery or disclosure obligation otherwise provided in the general statutes or by rules of the court.
(f) If a person or entity required to disclose a digital, video or electronic surveillance recording under subsection (c) of this section objects to such disclosure, such person or entity may file an objection to the requested disclosure with the superior court for the judicial district in which the injury-producing event occurred. The objection shall (1) identify the name and address of the person making the request for disclosure and the name and address of the person objecting to the request for disclosure, and (2) detail the reasons for the objection and why disclosure should not be required. The court shall notify all persons affected by the objection to disclosure and shall schedule a hearing on such objection not later than thirty days following the date of filing the objection. At any such hearing, disclosure to the injured person shall be favored and the person objecting to disclosure shall prove by clear and convincing evidence that disclosure would significantly impede the business of the person or entity objecting to the disclosure of the recording or significantly compromise the security of the premises. If the objecting party satisfies this burden, then disclosure shall not be required under this section. Nothing in this subsection shall negate any other disclosure or discovery requirement if a premises liability lawsuit is filed by the injured party.
(g) The provisions of this section do not require the owner or tenant, the agent of an owner or tenant or any other individual or entity having possession or control over such premises to (1) install video surveillance equipment on such premises, or (2) disclose a recording under subsection (c) of this section during the pendency of any criminal proceeding related to the injury-producing event.
(h) The provisions of this section shall not apply to (1) any government-owned or controlled premises, (2) any airport, or (3) if the injury-producing event occurred at a retail establishment, business premises or commercial premises that employs twenty or fewer employees, whether full or part-time.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
New section |
JUD |
Joint Favorable Subst. |