Loading chat...

OH SB174

Bill

Status

Introduced

6/1/2015

Primary Sponsor

Charleta Tavares

Click for details

Origin

Senate

131st General Assembly (2015-2016)

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

Committee Referrals

Civil Justice6/3/2015

Full Bill Text

No bill text available