HF 1835

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 12:41pm

A bill for an act
relating to public safety; permitting a peace officer to review body camera
recordings prior to submission of a written report or formal statement on an
investigation; amending Minnesota Statutes 2016, section 13.825, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 13.825, subdivision 4, is amended to read:

Subd. 4.

Access by data subjects.

(a) For purposes of this chapter, a portable recording
system data subject includes the peace officer who collected the data, and any other individual
or entity, including any other peace officer, regardless of whether the officer is or can be
identified by the recording, whose image or voice is documented in the data.

(b) An individual who is the subject of portable recording system data has access to the
data, including data on other individuals who are the subject of the recording. If the individual
requests a copy of the recording, data on other individuals who do not consent to its release
must be redacted from the copy. The identity and activities of an on-duty peace officer
engaged in an investigation or response to an emergency, incident, or request for service
may not be redacted, unless the officer's identity is subject to protection under section 13.82,
subdivision 17, clause (a).

new text begin (c) Notwithstanding paragraph (b), a peace officer involved in an investigation or response
to an incident must be permitted to review any portable recording system data that documents
the investigation or incident response, unrestricted and in its original form, prior to the
officer's submission of a written report or formal statement on the investigation or response.
new text end