Amends TCA Title 10 and Title 38.
This bill changes the application of the open records law to certain documents and images related to deaths.<br /> <br /> Present law provides that reports of county medical examiners, toxicological reports, and autopsy reports are generally public documents. However, present law provides that, upon written petition by the district attorney general, supported by affidavit or testimony under oath from a law enforcement officer that the release of portions of a report of a county medical examiner, toxicological report, or autopsy report may seriously impede or impair the investigation of a homicide or felony, a court of record may order that those portions are not subject to disclosure as a public document and must remain confidential.<br /> <br /> Present law also provides that medical records of deceased persons, law enforcement investigative reports, and photographs, video, and other images of deceased persons are not public records. This bill removes the language concerning medical records, investigative reports, and photographs, video, and other images, and provides instead that if the law enforcement agency investigating a death determines, following a death investigation, that the death was not the result of a crime, then those records, in addition to 911 call records, are not public records and are not to be released by any governmental agency unless pursuant to a valid court order.<br /> <br /> Present law provides that 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 a school that serves any grades from kindergarten through grade twelve; a child care agency; a child care program; a preschool; or a nursery school;<br /> <br /> (2) The interior of certain healthcare facilities licensed by the department of health, the department of mental health and substance abuse services, or the department of intellectual and developmental disabilities; or<br /> <br /> (3) The interior of a private residence that is not being investigated as a crime scene.<br /> <br /> This bill would also make confidential, and not subject to public inspection, a video taken by a law enforcement body camera that depicts the interior of a private residence that was recorded due to the investigation of a death that was determined by the law enforcement agency not to be the result of a crime.<br />
This bill changes the application of the open records law to certain documents and images related to deaths.<br /> <br /> Present law provides that reports of county medical examiners, toxicological reports, and autopsy reports are generally public documents. However, present law provides that, upon written petition by the district attorney general, supported by affidavit or testimony under oath from a law enforcement officer that the release of portions of a report of a county medical examiner, toxicological report, or autopsy report may seriously impede or impair the investigation of a homicide or felony, a court of record may order that those portions are not subject to disclosure as a public document and must remain confidential.<br /> <br /> Present law also provides that medical records of deceased persons, law enforcement investigative reports, and photographs, video, and other images of deceased persons are not public records. This bill removes the language concerning medical records, investigative reports, and photographs, video, and other images, and provides instead that if the law enforcement agency investigating a death determines, following a death investigation, that the death was not the result of a crime, then those records, in addition to 911 call records, are not public records and are not to be released by any governmental agency unless pursuant to a valid court order.<br /> <br /> Present law provides that 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 a school that serves any grades from kindergarten through grade twelve; a child care agency; a child care program; a preschool; or a nursery school;<br /> <br /> (2) The interior of certain healthcare facilities licensed by the department of health, the department of mental health and substance abuse services, or the department of intellectual and developmental disabilities; or<br /> <br /> (3) The interior of a private residence that is not being investigated as a crime scene.<br /> <br /> This bill would also make confidential, and not subject to public inspection, a video taken by a law enforcement body camera that depicts the interior of a private residence that was recorded due to the investigation of a death that was determined by the law enforcement agency not to be the result of a crime.<br />
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