H.E.A. 1019, P.L. 58
Effective: July 1, 2016
Exempts custodial interrogations described in Indiana Evidence Rule 617 from provisions applicable to other law enforcement recordings. Requires a public agency to permit the following persons (defined as a “requestor” in the statute) to view a recording at least twice: (1) A person depicted in a recording, or if the person is deceased or incapacitated, the person’s relative or representative. (2) An owner or occupant of real property depicted in a recording. (3) A crime victim, if the depicted events are relevant to the crime. (4) A person who suffers a loss due to personal injury or property damage, if the depicted events are relevant to the person’s loss. Allows a “requestor” to be awarded attorney’s fees, court costs, and other reasonable expenses if the “requestor” prevails in an action against a public agency to view a recording. Requires a public agency to permit all persons to inspect and copy a recording unless the public agency can demonstrate that release of the recording would: (1) pose a significant risk of harm to a person or the public; (2) interfere with a person’s ability to get a fair trial; (3) affect an ongoing investigation; or (4) not serve the public interest. Provides that a recording that captures information relating to airport security may not be released for public inspection without the approval of the airport operator. Specifies the procedure to obtain a court order for the release of a law enforcement recording, and requires a court to expedite the proceedings. Caps the fee for copying a law enforcement recording at $150, and specifies that the agency collecting the fee may spend the fee for certain purposes. Specifies information that a public agency may or must obscure from a law enforcement recording before disclosing it. Establishes the length of time that a public agency must retain a law enforcement recording. Exempts a law enforcement recording from a criminal statute prohibiting placement of a camera on the private property of another person. Resolves technical conflicts with SEA 378-2016 and HEA 1022-2016. The introduced version of this bill was prepared by the interim study committee on government.
The full law is available at: http://iga.in.gov/legislative/2016/bills/house/1019