HB373
WWW Version
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HB 373 (BR 1384) - R. Benvenuti III, D. Osborne
AN ACT relating to disclosure of body-worn camera recordings.
Create a new section of KRS Chapter 61 to provide definitions; specify that body-worn camera recordings are governed by the Kentucky Open Records Act and the retention of body-worn camera recordings is governed by KRS 171.410 to 170.740; provide exceptions as to when a public agency may elect not to disclose body-worn camera recordings; specify procedures for requesting body- worn camera recordings; require that any person or agency that wishes to disclose, publicly display, or duplicate body-worn camera recordings must first give notice to any non-law enforcement agency or person depicted in the recording; create a new cause of action for enumerated persons who are not provided notice of disclosure of the recording; clarify that nothing in this section should be interpreted to override KRS 17.150 or the laws governing discovery in either criminal or civil litigation or in an administrative proceeding.
AMENDMENTS
HCS1 - Amend a new section of KRS Chapter 61 to enumerate when disclosure of footage or a record is governed by KRS 61.870 to 61.884; provide that release of footage to a criminal defendant or his or her attorney is governed by the rules of discovery; provide that this section does not override KRS 189A.100; create a new section of KRS Chapter 61 to provide additional prerequisites for the viewing or use of footage by an attorney representing an individual who is depicted on body camera footage and enumerate punitive requirements for attorneys who violate those guidelines.
HFA1( R. Benvenuti III ) - Amend Section 1 to expand the definition of "use of force", provide an exception as to when an public agency may elect not to disclose body-worn camera recordings that includes footage of a private residence, delete subsection related to the request of footage by a criminal defendant or an attorney representing a criminal defendant; and amend Section 2 to provide that footage released to an attorney pursuant to the provisions of subsection (2) may also be shared with an insurance company under certain enumerated circumstances.
HFA1( R. Benvenuti III ) - Amend Section 1 to expand the definition of "use of force", provide an exception as to when an public agency may elect not to disclose body-worn camera recordings that includes footage of a private residence, delete subsection related to the request of footage by a criminal defendant or an attorney representing a criminal defendant; and amend Section 2 to provide that footage released to an attorney pursuant to the provisions of subsection (2) may also be shared with an insurance company under certain enumerated circumstances.
Feb 14, 2018 - introduced in House
Feb 16, 2018 - to Judiciary (H)
Feb 22, 2018 - posted in committee
Mar 07, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)
Mar 08, 2018 - 2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Mar 12, 2018 - posted for passage in the Regular Orders of the Day for Tuesday, March 13, 2018
Mar 13, 2018 - 3rd reading, passed 94-2 with Committee Substitute and floor amendment (1)
Mar 14, 2018 - received in Senate
Mar 15, 2018 - to Judiciary (S)
Mar 20, 2018 - taken from Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 21, 2018 - taken from Judiciary (S); 2nd reading; returned to Judiciary (S)
Mar 22, 2018 - reported favorably, to Rules
Mar 27, 2018 - posted for passage in the Regular Orders of the Day for Thursday, March 29, 2018
Mar 29, 2018 - 3rd reading, passed 35-2; received in House; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
Apr 10, 2018 - signed by Governor (Acts, ch. 139)