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3 <br /> GENERAL ASSEMBLY OF NORTH CAROLINA <br /> SESSION 2015 <br /> SESSION LAW 2016-88 <br /> HOUSE BILL 972 <br /> AN ACT TO PROVIDE THAT RECORDINGS MADE BY LAW ENFORCEMENT <br /> AGENCIES ARE NOT PUBLIC RECORDS, TO ESTABLISH WHETHER, TO WHOM, <br /> AND WHAT PORTIONS OF A RECORDING MAY BE DISCLOSED OR A COPY <br /> RELEASED, TO ESTABLISH THE PROCEDURE FOR CONTESTING A REFUSAL <br /> TO DISCLOSE A RECORDING OR TO OBTAIN A COPY OF A RECORDING, TO <br /> DIRECT STATE OR LOCAL LAW ENFORCEMENT AGENCIES TO PROVIDE, <br /> UPON REQUEST, ACCESS TO A METHOD TO VIEW AND ANALYZE <br /> RECORDINGS TO THE STATE BUREAU OF INVESTIGATION AND THE NORTH <br /> CAROLINA STATE CRIME LABORATORY, TO AUTHORIZE GOVERNMENTAL <br /> AND NONGOVERNMENTAL ORGANIZATIONS TO ESTABLISH AND OPERATE <br /> HYPODERMIC SYRINGE AND NEEDLE EXCHANGE PROGRAMS, AND TO OFFER <br /> LIMITED IMMUNITY TO EMPLOYEES, VOLUNTEERS, AND PARTICIPANTS OF <br /> AUTHORIZED HYPODERMIC SYRINGE AND NEEDLE EXCHANGE PROGRAMS. <br /> The General Assembly of North Carolina enacts: <br /> SECTION 1. Chapter 132 of the General Statutes is amended by adding a new <br /> section to read: <br /> " 132-1.4A. Law enforcement agency recordings. <br /> cal Definitions.— The following definitions apply in this section: <br /> al Body-worn camera. — An operational video or digital camera or other <br /> electronic device, including a microphone or other mechanism for allowing <br /> audio capture, affixed to the uniform or person of law enforcement agency <br /> personnel and positioned in a way that allows the camera or device to <br /> capture interactions the law enforcement agency personnel has with others. <br /> al Custodial law enforcement agency. — The law enforcement agency that owns <br /> or leases or whose personnel operates the equipment that created the <br /> recording at the time the recording was made. <br /> al Dashboard camera. — A device or system installed or used in a law <br /> enforcement agency vehicle that electronically records images or audio <br /> depicting interaction with others by law enforcement agency personnel. This <br /> term does not include body-worn cameras. <br /> Disclose or disclosure. — To make a recording available for viewing or <br /> listening to by the person requesting disclosure, at a time and location <br /> chosen by the custodial law enforcement agency. This term does not include <br /> the release of a recording. <br /> Personal representative. — A parent, court-appointed guardian, spouse, or <br /> attorney of a person whose image or voice is in the recording. If a person <br /> whose image or voice is in the recording is deceased, the term also means <br /> the personal representative of the estate of the deceased person; the deceased <br /> person's surviving spouse, parent, or adult child; the deceased person's <br /> attorney; or the parent or guardian of a surviving minor child of the <br /> deceased. <br /> Recording. — A visual, audio, or visual and audio recording captured by a <br /> body-worn camera, a dashboard camera, or any other video or audio <br /> recording device operated by or on behalf of a law enforcement agency or <br /> law enforcement agency personnel when carrying out law enforcement <br /> responsibilities. This term does not include any video or audio recordings of <br /> * H 9 7 2 - V - 8 * <br />