Bill Text: CT HB05467 | 2018 | General Assembly | Introduced
Bill Title: An Act Concerning The Retention Of Electronic Surveillance Recordings In Certain Premises Liability Matters.
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2018-04-19 - File Number 585 [HB05467 Detail]
Download: Connecticut-2018-HB05467-Introduced.html
General Assembly |
Raised Bill No. 5467 | ||
February Session, 2018 |
LCO No. 2257 | ||
*02257_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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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, 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. 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.
(c) During the two-year period commencing from 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. 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.
(d) Failure on the part of a person or entity responsible for the preservation of the digital, video or electronic surveillance recording to (1) preserve the recording pursuant to subsection (b) of this section, or (2) disclose the recording pursuant to subsection (c) of this section, shall give rise to an adverse inference that the recording contained evidence supporting a claim of negligence in an action alleging premises liability against the owner or tenant, the agent of an owner or tenant and any other individual or entity having possession or control over the premises where an injury-producing event occurred. Upon trial of the premises liability claim to a jury, the trial judge shall charge that the jury draw the adverse inference set forth in this subsection. In addition, such person or entity responsible for the preservation of the digital, video or electronic surveillance recording shall be precluded from using the recording in any legal proceeding initiated by the injured person.
(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) 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 premises to install video surveillance equipment on such premises.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
New section |
Statement of Purpose:
To establish parameters for the retention and use of electronic surveillance recordings in certain premises liability matters.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]