Body Camera Legislation Watered Down in Senate, but is it Enough?
April 14th, 2015 by Mike Vasilinda
Legislation giving police almost total control over who can see video from body cameras was watered down today at the state Capitol, but as Mike Vasilinda tells us, open government advocates say the legislation is almost self defeating.
The video of a man fleeing and being shot by a police officer in South Carolina.
If it had been shot on a police worn body camera, not a citizens cell phone, it might never have seen the light of day under legislation Florida lawmakers are considering…but then..
“We’re taking that portion out of the bill” Sponsor Chris Smith told fellow Senators.
Lawmakers then removed exemptions from showing video taken by police at accident scenes or medical emergencies including officer involved shootings.
“That would have been overly broad, because technically, a lot of circumstances where we need to see the video um, sometimes involves injury” said Smith.
The legislation still keeps private video that is shot by police in your home of hospital room, although you would have a right to see and release the video. Other members of the public would have to go to court. “and if there is some great public purpose that I’m not a part of and I don’t release it, you go in front of a judge and show the judge that public purpose.”
But while the changes were enough to win some supporters in the Senate, Public Rights Advocates, including Michelle Richardson of the ACLU Florida, remain opposed,
“We’re concerned that its too far weighted in l;aw enforcements favor. They’ll be able to release the video when ever they want, regardless of the privacy implications. The public, however, will have to get a lawyer, go to court, and meet a very strict test to see the video” Richardson said after the bill got tenative approval from the Senate.
Because this legislation creates a new exemption to public records, it will require a two thirds vote…not just a simple majority.
Advocates say they will keep working to make as much video open to the public as possible until a final vote on the bill next week.
And while open government advocates made progress today, they are not claiming victory. The legislation keeping the exemption of video at medical emergencies, which could include officer involved shootings, remains the House version of the legislation.
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