SF1822

This bill proposes an amendment to Minnesota Statutes 2024, section 13.825, subdivision 2, regarding the classification and disclosure of portable recording system data (body camera footage) collected by law enforcement officers.

Key Changes Proposed:

1. Public Access to Certain Footage on Elected Officials:

   • Body camera footage involving an elected official charged with a felony will become public 14 days after a criminal complaint is filed.

2. Existing Rules on Public Release of Footage:

   • Footage recording the discharge of a firearm by a peace officer or use of force resulting in substantial bodily harm is public.
   • Individuals captured in body cam footage can request its release, but identities of non-consenting individuals and undercover officers will be redacted.

3. Access for Families of Individuals Who Die Due to Police Use of Force:

   • Within five days of a request, a law enforcement agency must allow the following individuals to inspect the footage (with legal redactions):
     • The next of kin of the deceased.
     • The legal representative of the next of kin.
     • The other parent of the deceased’s child.
   • Law enforcement may delay access if it interferes with an active investigation, but must provide a written explanation and notice of court appeal rights.

4. Mandatory Release of Footage After Police Killings:

   • Within 14 days of a police-related death, the agency must release the footage to the public, unless the chief law enforcement officer asserts in writing that it would interfere with an ongoing investigation.

5. Right to Challenge Redaction or Withholding of Footage:

   • Any person can file a lawsuit to seek the release of private or nonpublic data.
   • A court will determine if the public interest outweighs the harm of disclosure.
   • The court must review disputed footage privately before making a decision.

Impact of the Bill:

• Increases transparency by making footage of certain elected officials public if they are charged with a felony.
• Grants families more immediate access to body cam footage in cases of police-related deaths.
• Strengthens public access and judicial oversight over law enforcement recordings.

This bill is currently at the introduction and first reading stage in the Minnesota Senate and has been referred to the Judiciary and Public Safety Committee for further consideration.