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<br />G.S. 132-1.4A Page 1 <br />§ 132-1.4A. Law enforcement agency recordings. <br />(a) Definitions. – The following definitions apply in this section: <br />(1) 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 />(2) 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 />(3) 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 />(4) 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 />(5) 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 />(6) 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 />interviews regarding agency internal investigations or interviews or <br />interrogations of suspects or witnesses. <br />(7) Release. – To provide a copy of a recording. <br />(b) Public Record and Personnel Record Classification. – Recordings are not public <br />records as defined by G.S. 132-1. Recordings are not personnel records as defined in Part 7 of <br />Chapter 126 of the General Statutes, G.S. 160A-168, or G.S. 153A-98. <br />(c) Disclosure; General. – Recordings in the custody of a law enforcement agency shall <br />be disclosed only as provided by this section. A person requesting disclosure of a recording <br />must make a written request to the head of the custodial law enforcement agency that states the <br />date and approximate time of the activity captured in the recording or otherwise identifies the <br />activity with reasonable particularity sufficient to identify the recording to which the request <br />refers. <br />The head of the custodial law enforcement agency may only disclose a recording to the <br />following: <br />(1) A person whose image or voice is in the recording. <br />(2) A personal representative of an adult person whose image or voice is in the <br />recording, if the adult person has consented to the disclosure. <br />(3) A personal representative of a minor or of an adult person under lawful <br />guardianship whose image or voice is in the recording. <br />10