Amend the bill, as and if amended, SECTION 1, by striking item (G) and inserting:
/ (G)(1) Except as otherwise provided in this subsection, a law enforcement agency or prosecutor shall not release data recorded by a body-worn camera.
(2) A law enforcement agency or prosecutor shall release data recorded by a body-worn camera pursuant to the South Carolina Rules of Civil Procedure, the South Carolina Rules of Criminal Procedure, or a court order.
(3) A law enforcement agency or prosecutor shall release data recorded by a body-worn camera pursuant to the Freedom of Information Act if a request is made to release the data pursuant to the Freedom of Information Act by:
(a) a person who is the subject of the recording and the person has not been charged with a criminal offense related to the recording;
(b) a person who is the victim of a criminal act related to the recording;
(c) a person who has brought or is contemplating bringing a civil action with standing to bring such an action and the recording is relevant;
(d) a parent or legal guardian of a minor or incapacitated person described in item (a), (b), or (c); or
(e) an attorney for a person described in item (a), (b), or (c).
(4) A law enforcement agency or prosecutor shall release data recorded by a body-worn camera pursuant to the Freedom of Information Act if a request is made to release the data pursuant to the Freedom of Information Act and the following conditions are all met:
(a) the data is retained by the law enforcement agency or prosecutor in connection with an ongoing criminal investigation, internal investigation, or prosecution;
(b) the recorded interaction involved the unlawful use of force by a law enforcement officer or resulted in a formal complaint for unlawful conduct by a law enforcement officer; and
(c) the heightened public interest requires disclosure of the data.
(5) A law enforcement agency or prosecutor may release data recorded by a body-worn camera if the recorded interaction involved the use of force by a law enforcement officer or resulted in a formal complaint against a law enforcement officer.
(6) Nothing in this subsection is intended to abrogate any constitutional or statutory exemption, restriction, or prohibition concerning the release of otherwise protected information.
Amend the bill further, as and if amended, SECTION 1, by striking item (A) and inserting:
/ (A) For purposes of this section 'body-worn camera' means an electronic device worn on a person's body that records both audio and video data. /
Renumber sections to conform.
Amend title to conform.