Amends TCA Title 10, Chapter 7, Part 5.

Under present law, which is in effect until July 1, 2022, video taken by a law enforcement body camera that depicts the following is treated as confidential and not subject to public inspection:<br /> <br /> (1) Minors, when taken within school that serves any grades from K-12;<br /> (2) The interior of a mental health or healthcare facility; or<br /> (3) The interior of a private residence that is not being investigated as a crime scene.<br /> <br /> Present law sets out certain specifications regarding the above, such as the fact that those provisions do not limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions.<br /> <br /> This bill:<br /> <br /> (1) Clarifies that video taken by a law enforcement body camera is open for personal inspection by any citizen of this state, unless the video depicts those persons or places described above in (1)-(3), in which case the video must be held as confidential;<br /> (2) Removes the July 1, 2022, date for the exceptions; and<br /> (3) Adds the following:<br /> (A) The above-described present law provisions, as amended by this bill, do not limit access to recordings by an attorney licensed to practice law in this state who represents a person or entity that is directly involved in the incident contained in the law enforcement body camera recording;<br /> (B) To obtain a copy of a law enforcement body camera recording held confidential by (1)-(3) an attorney must execute an affidavit in support of limited release regarding the attorney's responsibility for the care and custody of the copy of the recording that specifically stipulates that the attorney will only use the recording for the sole purposes of evaluating or preparing for an existing or potential court case, administrative proceeding, or in consulting with insurance companies on matters related to insurance coverage of incidents that are depicted in the recording; will not distribute duplicate copies of the recording except for the sole purpose of having an expert or other professional consultant provide analysis to the attorney for the purposes of evaluating or preparing for an existing or potential court case, administrative proceeding, or with an insurance company for the purposes of accessing claims coverage, settlement, or other matters involving an insurance contract; will execute a contract with any expert, professional consultant, or insurance company that is provided a duplicate copy of the recording that requires the expert, professional consultant, or insurance company to be bound by the same limitations and requirements as the attorney for the care and custody of the recording; will not allow individuals or others that are not under the attorney's control or supervision the ability to view the contents of the recordings in any form except for the sole purpose of preparation for an existing or potential court or administrative proceeding, communications regarding matters related to insurance, or for the purposes of displaying the recording as evidence in any court or administrative proceeding; will destroy any copy of the recording when the recording is no longer used for the purposes described above, or the court or administrative proceeding has been finally adjudicated; and acknowledges that as an officer of the court, the attorney may be subject to professional discipline or other legal liability for a breach of an affidavit executed under this bill.<br /> <br /> NOTE: In SECTION 1 of this bill there is a duplicate designation of subdivision "(C)" in subdivision (4).<br /> <br /> <br />