Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-240. (A) For purposes of this section:
(1) 'body-worn camera' means an electronic device worn on a person's body that records both audio and video data; and
(2) 'private place' means a place where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group of the public has access.
(B) State and local law enforcement agencies shall implement the use of body-worn cameras pursuant to guidelines established by the Law Enforcement Training Council.
(C) The Law Enforcement Training Council shall develop guidelines for the use of body-worn cameras by State and local law enforcement agencies within one hundred and eighty days of the effective date of this act. The guidelines must include, but are not limited to, specifying which law enforcement officers must wear body-worn cameras, when body-worn cameras must be worn and activated, restrictions on the use of body-worn cameras, the retention and release of data recorded by body-worn cameras, and access to the data recorded by body-worn cameras by solicitors' offices. The Law Enforcement Training Council shall provide the guidelines to State and local law enforcement agencies.
(D) State and local law enforcement agencies shall develop policies and procedures for the use of body-worn cameras pursuant to the guidelines established by the Law Enforcement Training Council. The agencies shall submit the policies and procedures to the Law Enforcement Training Council within two hundred and seventy days of the effective date of this act. The Law Enforcement Training Council shall review and approve or disapprove of the policies and procedures. If the Law Enforcement Training Council disapproves of the policies and procedures, the law enforcement agency shall modify and resubmit the policies and procedures.
(E)(1) A 'Body-Worn Cameras Fund' is established within the Department of Public Safety for the purpose of assisting State and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices in implementing the provisions of this section, including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to the maintenance and storage of data recorded by body-worn cameras. The Public Safety Coordinating Council shall oversee the fund, and shall, within one hundred and eighty days of the effective date of this act, establish a process for the application for and disbursement of monies to State and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices. The Public Safety Coordinating Council shall disburse the funds in a fair and equitable manner, taking into consideration priorities in funding.
(2) Upon approval of a State or local law enforcement agency's policies and procedures by the Law Enforcement Training Council, the agency may apply to the Public Safety Coordinating Council for funding to implement the agency's use of body-worn cameras pursuant to this section, including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to the maintenance and storage of data recorded by body-worn cameras. A State or local law enforcement agency is not required to implement the use of body-worn cameras pursuant to this section until the agency has received full funding.
(F) Nothing in this section prohibits a State or local law enforcement agency's use of body-worn cameras pursuant to the agency's existing policies and procedures and funding while the agency is awaiting receipt of the Law Enforcement Training Council's guidelines, approval of the agency's policies and procedures by the Law Enforcement Training Council, and funding from the Public Safety Coordinating Council. Such an agency is eligible to apply to the Public Safety Coordinating Council for reimbursement, including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to maintenance and storage of data recorded by body-worn cameras.
(G)(1) Data recorded by a body-worn camera in a public place is subject to the Freedom of Information Act.
(2)(a) Except as provided in item (b), data recorded by a body-worn camera in a private place is exempt from disclosure under the Freedom of Information Act.
(b) The following persons may, under the Freedom of Information Act, request data recorded by a body-worn camera in a private place, if the recording is relevant to the criminal prosecution of the person or a civil action brought by the person:
(i) a person who is the subject of the recording;
(ii) a person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime to which the recording is related;
(iii) a parent or legal guardian of a minor or incapacitated person described in item (i) or (ii); and
(iv) an attorney for a person described in item (i) or (ii).
(c) Data recorded by a body-worn camera that is retained by a law enforcement agency in connection with an ongoing criminal investigation or internal investigation is not a public record and is exempt from disclosure under the Freedom of Information Act."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.