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5 <br /> this subsection shall be set down for hearing as soon as practicable, and subsequent <br /> proceedings in such actions shall be accorded priority by the trial and appellate courts. <br /> (el) Release of Recordings to Certain Persons; Expedited Process.—Notwithstanding the <br /> provisions of subsection (f) of this section, a person authorized to receive disclosure pursuant to <br /> subsection (c) of this section, or the custodial law enforcement agency, may petition the <br /> superior court in any county where any portion of the recording was made for an order <br /> releasing the recording to a person authorized to receive disclosure. There shall be no fee for <br /> filing the petition which shall be filed on a form approved by the Administrative Office of the <br /> Courts and shall state the date and approximate time of the activity captured in the recording, or <br /> otherwise identify the activity with reasonable particularity sufficient to identify the recording. <br /> If the petitioner is a person authorized to receive disclosure, notice and an opportunity to be <br /> heard shall be given to the head of the custodial law enforcement agency. Petitions filed <br /> pursuant to this subsection shall be set down for hearing as soon as practicable and shall be <br /> accorded priority by the court. <br /> The court shall first determine if the person to whom release of the recording is requested is <br /> a person authorized to receive disclosure pursuant to subsection (c) of this section. In making <br /> this determination, the court may conduct an in-camera review of the recording and may, in its <br /> discretion, allow the petitioner to be present to assist in identifying the image or voice in the <br /> recording that authorizes disclosure to the person to whom release is requested. If the court <br /> determines that the person is not authorized to receive disclosure pursuant to subsection (c) of <br /> this section, there shall be no right of appeal and the petitioner may file an action for release <br /> pursuant to subsection (f) of this section. <br /> If the court determines that the person to whom release of the recording is requested is a <br /> person authorized to receive disclosure pursuant to subsection (c) of this section, the court shall <br /> consider the standards set out in subsection (f) of this section and any other standards the court <br /> deems relevant in determining whether to order the release of all or a portion of the recording. <br /> The court may conduct an in-camera review of the recording. The court shall release only those <br /> portions of the recording that are relevant to the person's request and may place any conditions <br /> or restrictions on the release of the recording that the court, in its discretion, deems appropriate. <br /> ff Release of Recordings; General; Court Order Required. — Recordings in the custody <br /> of a law enforcement agency shall only be released pursuant to court order. Any custodial law <br /> enforcement agency or any person requesting release of a recording may file an action in the <br /> superior court in any county where any portion of the recording was made for an order <br /> releasing the recording. The request for release must state the date and approximate time of the <br /> activity captured in the recording, or otherwise identify the activity with reasonable <br /> particularity sufficient to identify the recording to which the action refers. The court may <br /> conduct an in-camera review of the recording. In determining whether to order the release of all <br /> or a portion of the recording, in addition to any other standards the court deems relevant, the <br /> court shall consider the applicability of all of the following standards: <br /> al Release is necessary to advance a compelling public interest. <br /> al The recording contains information that is otherwise confidential or exempt <br /> from disclosure or release under State or federal law. <br /> tP The person requesting release is seeking to obtain evidence to determine <br /> legal issues in a current or potential court proceeding. <br /> tzil Release would reveal information regarding a person that is of a highly <br /> sensitive personal nature. <br /> Release may harm the reputation or jeopardize the safety of a person. <br /> fAl Release would create a serious threat to the fair, impartial, and orderly <br /> administration of justice. <br /> tp Confidentiality is necessary to protect either an active or inactive internal or <br /> criminal investigation or potential internal or criminal investigation. <br /> There is good cause shown to release all portions of a recording. <br /> The court shall release only those portions of the recording that are relevant to the person's <br /> request, and may place any conditions or restrictions on the release of the recording that the <br /> court, in its discretion, deems appropriate. <br /> In any proceeding pursuant to this subsection, the following persons shall be notified and <br /> those persons, or their designated representative, shall be given an opportunity to be heard at <br /> any proceeding: (i) the head of the custodial law enforcement agency, (ii) any law enforcement <br /> agency personnel whose image or voice is in the recording and the head of that person's <br /> House Bill 972 Session Law 2016-88 Page 3 <br />