HB 1019 Would Restrict Public Access To Police Body-Cam Footage

By Travis Thayer (Indianapolis, Ind.) – A proposal to keep publicly recorded government video recordings secret is heading to a vote at the Indiana House of Representatives. Indiana House Bill 1019, was unanimously approved by the House Government and Regulatory Reform Committee last week. The bill aims to restrict public records requests for law enforcement recordings, and requires a court order to release recorded police body camera video. "This outrageous proposal takes government secrecy to a new level, keeping public records completely under wrap," said Dave Crooks, chairman of the Board of the Indiana Broadcasters Association (IBA). "As drafted, the 22-page bill would allow law enforcement agencies to refuse to share public video records and require the public to file a lawsuit against an agency, prove a need for disclosure of the video, and have those asking for the video to bear the legal costs of such a request – unless you're actually in the video." Under current law, Indiana government agencies must make public records available for public inspection.  If that is denied, there must be a plausible reason tied to an ongoing investigation. "There are some things you don't need to see," the bill’s sponsor, Kevin Mahan (R-Hartford City) said. "And there are just some things the press doesn't need to see." Crooks says the IBA wants to work with lawmakers to preserve the public’s right to know what’s going on. Steve Key, executive director and general counsel for Hoosier State Press Association, said the bill would put the media at the mercy of what law enforcement agencies want the public to see. “There are a multitude of reasons for them to not make a video recording available, but the only incentive for them to make it available is when it makes the law enforcement agency look good to the public,” said Key. Mahan says if the bill passes, and he notices law enforcement officials are using it to prevent all recordings from being made public without reason, he will come back to the legislature and call for a change. Those who oppose the bill will have a chance to give their testimonies during the committee hearing at the Indiana State House on Tuesday.