House bill would prevent access to police body cam video

Published 3:10 am Thursday, April 16, 2015

By Josh Bergeron

josh.bergeron@salisburypost.com

A bill filed in the N.C. House Tuesday by a Guilford Republican and backed by a local representative could block the public’s access to video captured by police body-worn or dash cameras.

House Bill 713, has four sponsors and 10 co-sponsors, including State Rep. Harry Warren, R-77. It was introduced by Rep. John Faircloth, a Republican from High Point.

The bill makes data captured by body-worn and in-car cameras “records of criminal investigations.” North Carolina’s general statutes state “records of criminal investigation” are not public records. Other examples already included in state law are: photographs, laboratory tests and witness statements.

In the wake of a 2014 police-involved shooting in Ferguson, Mo. and, more recently, an incident in North Charleston, S.C., Warren said Faircloth’s bill helps prevent unwarranted claims of police misconduct.

“In the current atmosphere, it’s the right way to go,” Warren said. “If there were criminal charges or investigations based on police behavior, then the information would be made available, but to just have it where anybody can request it is leaving law enforcement open for frivolous claims of police brutality.”

The bill also adds a new subsection to the state’s laws that starts out by requiring a person who wants to inspect video or audio recording captured by a body-worn or dash camera to state the date and approximate time of the incident. The bill continues, giving law enforcement agencies the option to release camera footage.

“A law enforcement agency may release recordings captured by a law enforcement officer’s body-worn camera or in-car camera without consent of the law enforcement officer whose actions, visual or audible, are captured on the recordings,” the bill states. “Nothing in this subsection shall be construed as requiring a law enforcement agency to allow inspection, examination, or release of audio, video or audio and video, recordings captured by a law enforcement officer’s body-worn camera or in-car camera.”

Faircloth’s career history includes experience as a police chief in Salisbury and High Point. He was the police chief in Salisbury in the 1970s.

The bill was referred to the Judiciary I committee on Wednesday.

Contact reporter Josh Bergeron at 704-797-4246.