Lawmakers and lawyers at odds over how new police body and dash camera footage access law will be interpreted

1 year ago 38
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There are different opinions from lawmakers and lawyers over how a new bill recently signed into law regarding access to law enforcement body cameras and dash camera footage will impact transparency. State Rep. Juandalynn Givan sponsored House Bill 289, which passed with bipartisan support. "With this particular bill, I had to reach deep within party lines," Givan said. "The attorney general had to sign off on this first. The bare minimum, if someone is killed, they can at least see what happened, who the accused is and get a sense of not necessarily calm — at least some relief."Givan explained it's meant to help families like that of Jawan Dallas of Mobile, Alabama, when it goes into effect in September. Dallas' family is demanding Mobile police release their body camera footage of the deadly encounter Dallas had with officers Sunday night. "You now have legislation that says how they can release it, but it does also say they have discretion in turning that over," Givan said. "It also creates an avenue for individuals to have some belief in the system because they can then see and then they're going to be expecting a prosecutorial team so they can work the system to do justice."Birmingham trial lawyer Richard Jaffe said that discretion is his main concern. "It is largely left at the discretion of the law enforcement when and where and who can view it," Jaffe said. The new law says people whose image or voice is the subject of a body camera or dash camera recording can file a written request to review the recording. An attorney, parent, spouse or another designated representative can also make the request."There are no time limits in this bill, it's very restrictive and it's not written in the public's interest, it's written in the interest of law enforcement," Jaffe said. Givan said the bill was meant to be a starting point. "If we need to come back next year and tweak it, let's do it," Givan said. The bill is set to go into effect Sept. 1.

BIRMINGHAM, Ala. —

There are different opinions from lawmakers and lawyers over how a new bill recently signed into law regarding access to law enforcement body cameras and dash camera footage will impact transparency.

State Rep. Juandalynn Givan sponsored House Bill 289, which passed with bipartisan support.

"With this particular bill, I had to reach deep within party lines," Givan said. "The attorney general had to sign off on this first. The bare minimum, if someone is killed, they can at least see what happened, who the accused is and get a sense of not necessarily calm — at least some relief."

Givan explained it's meant to help families like that of Jawan Dallas of Mobile, Alabama, when it goes into effect in September.

Dallas' family is demanding Mobile police release their body camera footage of the deadly encounter Dallas had with officers Sunday night.

"You now have legislation that says how they can release it, but it does also say they have discretion in turning that over," Givan said. "It also creates an avenue for individuals to have some belief in the system because they can then see and then they're going to be expecting a prosecutorial team so they can work the system to do justice."

Birmingham trial lawyer Richard Jaffe said that discretion is his main concern.

"It is largely left at the discretion of the law enforcement when and where and who can view it," Jaffe said.

The new law says people whose image or voice is the subject of a body camera or dash camera recording can file a written request to review the recording. An attorney, parent, spouse or another designated representative can also make the request.

"There are no time limits in this bill, it's very restrictive and it's not written in the public's interest, it's written in the interest of law enforcement," Jaffe said.

Givan said the bill was meant to be a starting point.

"If we need to come back next year and tweak it, let's do it," Givan said.

The bill is set to go into effect Sept. 1.

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