State House Bill 425…passed in 2019

We received an inquiry about House Bill 425 (enacted on April 8, 2019) dealing with police body camera recordings being exempted from public records.  We spoke to State Representative Jamie Callender’s office and they were instrumental in helping us navigate the State’s website.

First, when looking at legislation you have to know which General Assembly had passed the piece of legislation.  We are currently in the 133rd General Assembly, the House Bill in question was passed by the 132nd General Assembly.

The information is readily available on the State of Ohio Legislative website.  You can type in the House Bill number, and then click on the “As enrolled” button.

This will provide you with a readable summary of what the legislation is all about without having to understand “legalese”.

https://www.legislature.ohio.gov/download?key=11100&format=pdf

The footage from the police body cameras is generally considered public records except in these exceptions:

“,,,the following is considered restricted and is exempt from disclosure under the Public
Records Law:2
 The image or identity of a child or information that could lead to the
identification of a child who is a primary subject of the recording when the
law enforcement agency knows or has reason to know the person is a child
based on the agency’s records or the content of the recording.

 The death of a person or a deceased person’s body, unless the death was
caused by a peace officer or unless the person’s executor or administrator
consents to the release.

 The death of a peace officer, firefighter, paramedic, or other first responder
that occurs while the person is on duty, unless the person’s executor or
administrator consents to the release.

 Grievous bodily harm, unless the injury was caused by a peace officer or
unless the injured person or the injured person’s guardian consents to the
release. (As used in the act, “grievous bodily harm” means serious bodily
injury, including fractured or dislocated bones, deep cuts, torn ligaments, and
serious damage to internal organs.
)
 An act of severe violence against a person that results in serious physical
harm to the person, unless the act and injury was caused by a peace officer or
unless the person or the person’s guardian consents to the release.

 Grievous bodily harm to a peace officer, firefighter, paramedic, or other first
responder that occurs while the person is on duty, unless the person or the
person’s guardian consents to the release.

 An act of severe violence resulting in serious physical harm against a peace
officer, firefighter, paramedic, or other first responder that occurs while the
person is on duty, unless the person or the person’s guardian consents to the
release.

 A person’s nude body, unless the person consents to the release.

 Protected health information (as defined in federal regulations), the identity of a person in a health care facility who is not the subject of a law

*****

 

 



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