Bill Text: NJ A4140 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits disclosure of body worn camera recordings under certain circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-04 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A4140 Detail]
Download: New_Jersey-2024-A4140-Introduced.html
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Prohibits disclosure of body worn camera recordings under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning invasion of privacy and supplementing Title 2A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person who has obtained a body worn camera recording pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and who is not a subject of the body worn camera recording shall not disclose the recording without the prior written consent of each subject of the body worn camera recording, unless the disclosure is for a legitimate public health or safety purpose or a compelling public interest.
b. A person who knowingly violates the provisions of subsection a. of this section shall be guilty of a disorderly persons offense.
c. In addition to any other right of action or recovery otherwise available under the laws of this State, a person who knowingly violates the provisions of subsection a. of this section shall be liable to a subject of the body worn camera recording, who may bring a civil action in the Superior Court.
The court may award:
(1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this section;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorney's fees and other litigation costs reasonably incurred; and
(4) other preliminary and equitable relief as the court determines to be appropriate.
d. A conviction for a disorderly persons offense pursuant to subsection b. of this section shall not be a prerequisite for a civil action brought pursuant to subsection c. of this section.
e. As used in this section:
"Body worn camera" means a mobile audio and video recording system worn by a law enforcement officer.
"Disclose" means to sell, manufacture, give, provide, lend, mail, deliver, transfer, publish, post, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available through the Internet or by any other means, whether or not for pecuniary gain.
"Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.
"Subject of the body worn camera recording" means suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body worn camera recording, and shall not include a person who only incidentally appears on the recording.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the disclosure of body worn camera recordings obtained pursuant to the State's open public records law under certain circumstances.
It has come to the sponsor's attention that bad actors have been taking advantage of the State's open public records law in order to exploit on social media young women who have been recorded on body worn cameras during law enforcement encounters. It is the sponsor's intent to prevent such exploitation without limiting legitimate access to public records by the press or others.
Under the provisions of this bill, a person who has obtained a body worn camera recording pursuant to the open public records act and who is not a subject of the body worn camera recording is prohibited from disclosing the recording without the prior written consent of each subject of the body worn camera recording, unless the disclosure is for a legitimate public health or safety purpose or a compelling public interest.
A person who knowingly violates this provision is guilty of a disorderly persons offense. In addition to any other right of action or recovery available under the laws of this State, a person who knowingly violates this provision is also liable to a subject of the body worn camera recording, who may bring an action in Superior Court. The court may award: 1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation; 2) punitive damages upon proof of willful or reckless disregard of the law; 3) reasonable attorney's fees and other litigation costs reasonably incurred; and 4) any other preliminary and equitable relief as the court determines to be appropriate.
Under the bill, "body worn camera" is defined as a mobile audio and video recording system worn by a law enforcement officer. The bill defines "subject of the body worn camera recording" as a suspect, victim, detainee, conversant, injured party, or other similarly situated person who appears on the body worn camera recording and does not include a person who only incidentally appears on the recording.
