Loading chat...
OH SB174
Bill
Status
6/1/2015
Primary Sponsor
Charleta Tavares
Click for details
AI Summary
-
Grants persons the right to lawfully record incidents involving law enforcement officers and maintain custody of recordings and recording devices without seizure except by warrant, subpoena, or lawful exception.
-
Requires law enforcement officers seeking to access recordings to identify themselves, state the lawful reason for the request, and offer the option for voluntary electronic transfer while allowing the person to retain the device and personal private information.
-
Allows temporary seizure of recording devices only in exigent circumstances (to save a life or prevent destruction of evidence) for a maximum of 72 hours, after which the device must be returned.
-
Makes the state liable under tort law if law enforcement destroys, damages, seizes without legal justification, interferes with, or retaliates against persons for lawfully recording incidents, with damages up to $500 for destroyed recordings.
-
Creates a civil cause of action against law enforcement agencies through written request and potential civil suit, allowing actual damages, up to $15,000 in punitive damages for bad faith denials, and attorney fees.
Legislative Description
Grants right to record law enforcement incidents
State and Local Government : State Government
Last Action
Refer to Committee: Civil Justice
6/3/2015