A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-1-240, RELATING TO BODY-WORN CAMERAS, SO AS TO PROVIDE PERSONS WHO ARE SUBJECTS IN DATA RECORDED BY BODY-WORN CAMERAS MAY REQUEST AND MUST RECEIVE RECORDED DATA WITHOUT PURSUING ACTIONS UNDER THE RULES OF CRIMINAL PROCEDURE OR CIVIL PROCEDURE, OR BY OBTAINING COURT ORDERS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 23-1-240(G) of the S.C. Code is amended to read:

 

    (G)(1) Data recorded by a body-worn camera is not a public record subject to disclosure under the Freedom of Information Act.

       (2) The State Law Enforcement Division, the Attorney General, and a circuit solicitor may request and must receive data recorded by a body-worn camera for any legitimate criminal justice purpose.

       (3) A law enforcement agency, the State Law Enforcement Division, the Attorney General, or a circuit solicitor may release data recorded by a body-worn camera in its discretion.

       (4) A law enforcement agency may request and must receive data recorded by a body-worn camera if the recording is relevant to an internal investigation regarding misconduct or disciplinary action of a law enforcement officer.

       (5) In addition to the persons who may request and must receive data recorded by a body-worn camera provided in item (2), the following are also entitled to request and receive such data pursuant to the South Carolina Rules of Criminal Procedure, the South Carolina Rules of Civil Procedure, or a court order:

           (a) a person who is the subject of the recording Reserved;

           (b) a criminal defendant if the recording is relevant to a pending criminal action;

           (c) a civil litigant if the recording is relevant to a pending civil action;

           (d) 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;

           (e) a parent or legal guardian of a minor or incapacitated person described in subitem (a) or (b); and

           (f) an attorney for a person described in subitems (a) through (e).

       (6) A person who is the subject of data recorded by a body-worn camera may request and must receive the data.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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