In response to public outrage over multiple recent instances of police brutality, many cities nationwide have implemented use of police body cameras and dashboard footage in attempt to maintain transparency and accountability, and hopefully prevent future instances of unnecessary force.
The passage in Indiana of HEA 1019, authored by former sheriff Kevin Mahan, R-Hartford City, means law enforcement agencies will have the right to withhold all police body and dash cam video recordings from the public for at least 30 days until a court determines whether the “requestor” should be allowed a copy of the footage.
The state Senate voted unanimously in favor of the bill after hearing from law enforcement agencies and open-records and transparency advocates alike. Senate sponsor of the bill Sen. Rodric Bray, R-Martinsville, said in a statement that both sides gave their blessing on the final bill language after compromise and working together.
An early version of the bill required video to be released if a victim claimed the video proved excessive force was used or that civil rights violations occurred. However, that language was stripped from the final version of the bill.
After Gov. Mike Pence signs the bill into law, police will be able to withhold any surveillance or body camera footage from the public, even if the person requesting the footage is featured in the video. A requestor who has been denied access to video must challenge the law enforcement agency’s decision in a court of law. Then, the police have 30 days to justify why they should not have to release footage, such as if the release might interfere with an investigation. A judge must then view the video in question and decide whether the requestor should be granted copies of the footage. To be clear, a person who is a victim or a family member of a victim is allowed to view the video two times, in the presence of an attorney, just not obtain copies or downloads of the footage.
“While the language isn’t perfect, and I would have liked to see more direct access, the bill does help put procedures into place where there weren’t any before, and is a step in the right direction,” said Sen. Greg Taylor, D-Indianapolis. Taylor said if police departments show a trend of adopting a policy of denial going forward, the legislature would need to come back and revisit the issue.
Once signed by Pence, the law will go into effect July 1.
