GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                   D

HOUSE BILL DRH30493-LR-136B

 

 

 

Short Title:      Asheville/Body-Worn Cameras.

(Local)

Sponsors:

Representatives Fisher, Ager, and B. Turner (Primary Sponsors).

Referred to:

 

 

A BILL TO BE ENTITLED

AN ACT amending the body‑worn camera law to allow the city of asheville to disclose law enforcement recordings to the asheville city council.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 132‑1.4A(h) reads as rewritten:

"(h)      Release of Recordings; Law Enforcement Purposes. – Notwithstanding the requirements of subsections (c), (f), and (g) of this section, a custodial law enforcement agency shall disclose or release a recording to a district attorney (i) for review of potential criminal charges, (ii) in order to comply with discovery requirements in a criminal prosecution, (iii) for use in criminal proceedings in district court, or (iv) any other law enforcement purpose, and may disclose or release a recording for any of the following purposes:

(4)        Disclose a recording, in a closed session, to the city council. In advance of the disclosure, council members shall execute a confidentiality statement agreeing to maintain the confidentiality of the recording prior to viewing the recording. Recording images may be released publicly only upon court order."

SECTION 2.  G.S. 143‑318.11(a) reads as rewritten:

"(a)      Permitted Purposes. – It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required:

(11)      For the city council to view a recording regulated pursuant to G.S. 132‑1.4A."

SECTION 3.  This act applies to the City of Asheville only.

SECTION 4.  This act is effective when it becomes law.