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S 0589 - Prohibits deleting or destroying data from a body-worn camera with the intent to alter or influence a criminal action or criminal investigation

Tracking Level: Of Interest
Sponsor: Marlon Kimpson
Last Action: 2/28/2019 - Senate - Referred to Committee on Judiciary
Senate Committee: Judy
Assigned To:
PoliceNext Bill

Staff Analysis of the Legislation

Summary of the bill as introduced: Prohibits deleting or destroying data from a body-worn camera with the intent to alter or influence a criminal action or criminal investigation.

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Session 123 - (2019-2020)Printer Friendly
(pdf format)
S 0589 General Bill, By Kimpson
Summary: Law enforcement and public safety
    A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-1-242, TO PROHIBIT THE DELETION OR DESTRUCTION OF DATA FROM A BODY-WORN CAMERA WITH THE INTENT TO ALTER OR INFLUENCE A CRIMINAL ACTION, CRIMINAL INVESTIGATION, INTERNAL POLICE INVESTIGATION, CIVIL ACTION, OR POTENTIAL CIVIL ACTION IF NOTICE IS PROVIDED BY THE ADVERSE PARTY, OR IF LITIGATION IS REASONABLY ANTICIPATED, TO PROVIDE PENALTIES, AND TO PROVIDE EXEMPTIONS; AND TO AMEND SECTION 23-1-240(D) AND (G), RELATING TO POLICIES AND PROCEDURES FOR THE USE OF BODY-WORN CAMERAS, TO PROVIDE FOR THE CIRCUMSTANCES IN WHICH THE POLICIES AND PROCEDURES ESTABLISHED BY THE AGENCIES MUST INCLUDE FOR THE ACTIVATION OF THE RECORDINGS, AND TO PROVIDE THAT A TRIAL JUDGE MAY INSTRUCT A JURY THAT IT MAY INFER NEGLIGENCE IF AN OFFICER WEARING A BODY-WORN CAMERA FAILED TO PRODUCE VIDEO.
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02/28/19Senate Introduced and read first time (Senate Journal-page 7)
02/28/19Senate Referred to Committee on Judiciary (Senate Journal-page 7)



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