Ind. Code § 5-14-3-5.1

Current through P.L. 255-2023
Section 5-14-3-5.1 - Inspection of law enforcement recordings; obscuring of undercover law enforcement officer; obscuring of confidential informants
(a) As used in this section, "requestor" means the following:
(1) An individual who is depicted in a law enforcement recording.
(2) If the individual described in subdivision (1) is deceased:
(A) the surviving spouse, father, mother, brother, sister, son, or daughter of the individual; or
(B) the personal representative (as defined in IC 6-4.1-1-9) of or an attorney representing the deceased individual's estate.
(3) If the individual described in subdivision (1) is an incapacitated person (as defined in IC 29-3-1-7.5) , the legal guardian, attorney, or attorney in fact of the incapacitated person.
(4) A person that is an owner, tenant, lessee, or occupant of real property, if the interior of the real property is depicted in the recording.
(5) A person who:
(A) is the victim of a crime; or
(B) suffers a loss due to personal injury or property damage;

if the events depicted in the law enforcement recording are relevant to the person's loss or to the crime committed against the person.

(b) A public agency shall allow a requestor to inspect a law enforcement recording at least twice, if:
(1) the requestor submits a written request under section 3 of this chapter for inspection of the recording; and
(2) if section 4(b)(19) of this chapter applies, the public agency that owns, occupies, leases, or maintains the airport approves the disclosure of the recording.

The public agency shall allow the requestor to inspect the recording in the company of the requestor's attorney. A law enforcement recording may not be copied or recorded by the requestor or the requestor's attorney during an inspection.

(c) Before an inspection under subsection (b), the public agency:
(1) shall obscure in the recording information described in section 4(a) of this chapter; and
(2) may obscure any information identifying:
(A) a law enforcement officer operating in an undercover capacity; or
(B) a confidential informant.
(d) Before an inspection under subsection (b), only the information in the recording described in subsection (c) may be obscured by the public agency.
(e) If a person is denied access to inspect a recording under this section, the person may appeal the denial under section 9 of this chapter.

IC 5-14-3-5.1

Added by P.L. 58-2016, SEC. 4, eff. 7/1/2016.