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Agenda - 10-06-2016 - 2 - Discussion of Body-Worn Cameras
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Agenda - 10-06-2016 - 2 - Discussion of Body-Worn Cameras
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10/3/2016 8:16:21 AM
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BOCC
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10/6/2016
Meeting Type
Work Session
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Agenda
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2
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Minutes 10-06-2016 Work Session
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\Board of County Commissioners\Minutes - Approved\2010's\2016
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6 <br /> employing law enforcement agency, and (iii) the District Attorney. Actions brought pursuant to <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 /> cgl Release of Recordings; Law Enforcement Purposes. — Notwithstanding the <br /> requirements of subsections (c), (el), and (f) of this section, a custodial law enforcement <br /> agency shall disclose or release a recording to a district attorney (i) for review of potential <br /> criminal charges, (ii) in order to comply with discovery requirements in a criminal prosecution, <br /> (iii) for use in criminal proceedings in district court, or (iv) any other law enforcement purpose, <br /> and may disclose or release a recording for any of the following purposes: <br /> LU For law enforcement training purposes. <br /> al Within the custodial law enforcement agency for any administrative, <br /> training, or law enforcement purpose. <br /> al To another law enforcement agency for law enforcement purposes. <br /> chl Retention of Recordings. — Any recording subject to the provisions of this section <br /> shall be retained for at least the period of time required by the applicable records retention and <br /> disposition schedule developed by the Department of Natural and Cultural Resources, Division <br /> of Archives and Records. <br /> • Agency Policy Required. — Each law enforcement agency that uses body-worn <br /> cameras or dashboard cameras shall adopt a policy applicable to the use of those cameras. <br /> • No civil liability shall arise from compliance with the provisions of this section, <br /> provided that the acts or omissions are made in good faith and do not constitute gross <br /> negligence, willful or wanton misconduct, or intentional wrongdoing. <br /> ILI Fee for Copies. — A law enforcement agency may charge a fee to offset the cost <br /> incurred by it to make a copy of a recording for release. The fee shall not exceed the actual cost <br /> of making the copy. <br /> • Attorneys' Fees. — The court may not award attorneys' fees to any party in any <br /> action brought pursuant to this section." <br /> SECTION 2.(a) Article 23 of Chapter 153A of the General Statutes is amended by <br /> adding a new section to read: <br /> " 153A-458. SBI and State Crime Laboratory access to view and analyze recordings. <br /> The local law enforcement agency of any county that uses the services of the State Bureau <br /> of Investigation or the North Carolina State Crime Laboratory to analyze a recording covered <br /> by G.S. 132-1.4A shall, at no cost, provide access to a method to view and analyze the <br /> recording upon request of the State Bureau of Investigation or the North Carolina State Crime <br /> Laboratory." <br /> SECTION 2.(b) Article 21 of Chapter 160 of the General Statutes is amended by <br /> adding a new section to read: <br /> "§ 160A-490.1. SBI and State Crime Laboratory access to view and analyze recordings. <br /> The local law enforcement agency of any city that uses the services of the State Bureau of <br /> Investigation or the North Carolina State Crime Laboratory to analyze a recording covered by <br /> G.S. 132-1.4A shall, at no cost, provide access to a method to view and analyze the recording <br /> upon request of the State Bureau of Investigation or the North Carolina State Crime <br /> Laboratory." <br /> SECTION 2.(c) Article 9 of Chapter 114 of the General Statutes is amended by <br /> adding a new section to read: <br /> " 114-64. SBI and State Crime Laboratory access to view and analyze recordings. <br /> Any State or local law enforcement agency that uses the services of the State Bureau of <br /> Investigation or the North Carolina State Crime Laboratory to analyze a recording covered by <br /> G.S. 132-1.4A shall, at no cost, provide access to a method to view and analyze the recording <br /> upon request of the State Bureau of Investigation or the North Carolina State Crime <br /> Laboratory." <br /> SECTION 2.(d) Chapter 15A of the General Statutes is amended by adding a new <br /> Article to read: <br /> "Article 8A. <br /> "SBI and State Crime Laboratory Access to View and Analyze Recordings. <br /> " 15A-220. SBI and State Crime Laboratory access to view and analyze recordings. <br /> Any State or local law enforcement agency that uses the services of the State Bureau of <br /> Investigation or the North Carolina State Crime Laboratory to analyze a recording covered by <br /> G.S. 132-1.4A shall, at no cost, provide access to a method to view and analyze the recording <br /> Page 4 Session Law 2016-88 House Bill 972 <br />
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