Introduced Version

HOUSE BILL No. 1019
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14-3; IC 35-31.5-2-185.4; IC 35-46-8.5-1.
Synopsis: Law enforcement recordings. Restricts public records
requests for law enforcement recordings by: (1) requiring only
recordings depicting a law enforcement activity to be produced for
inspection or copying; and (2) restricting the persons who must be
allowed to inspect a law enforcement recording. Provides that a person
may petition to obtain a court order to inspect or copy a law
enforcement recording if the person demonstrates on the facts of the
particular case that: (1) the public interest will be served by allowing
access to the recording; (2) access to or dissemination of the recording
does not create a significant risk of substantial harm to any person or
to the general public; and (3) the release of the recording does not
create a prejudicial effect on ongoing civil or criminal proceedings.
Provides that if a law enforcement recording depicts an airport building
or facility, the public agency that owns, occupies, leases, or maintains
the airport on which the building or facility is located must approve the
disclosure of the recording. Specifies information that must be
obscured from a law enforcement recording before it is disclosed.
Establishes the length of time that a law enforcement recording must
be retained by a public agency. Exempts a law enforcement recording
from a criminal statute prohibiting placement of a camera on the
private property of another person. (The introduced version of this bill
was prepared by the interim study committee on government.)
Effective: July 1, 2016.

Mahan, Price, Negele, DeLaney
January 5, 2016, read first time and referred to Committee on Government and Regulatory
Reform.

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 Introduced
Second Regular Session of the 119th General Assembly (2016)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2015 Regular Session of the General Assembly.

HOUSE BILL No. 1019

A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.

Be it enacted by the General Assembly of the State of Indiana:

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SECTION 1. IC 5-14-3-2, AS AMENDED BY P.L.248-2013,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2016]: Sec. 2. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
(c) "Criminal intelligence information" means data that has been
evaluated to determine that the data is relevant to:
(1) the identification of; and
(2) the criminal activity engaged in by;
an individual who or organization that is reasonably suspected of
involvement in criminal activity.
(d) "Direct cost" means one hundred five percent (105%) of the sum
of the cost of:
(1) the initial development of a program, if any;
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(2) the labor required to retrieve electronically stored data; and
(3) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter.
(e) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(f) "Enhanced access" means the inspection of a public record by a
person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
(g) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(h) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
(i) "Investigatory record" means information compiled in the course
of the investigation of a crime.
(j) "Law enforcement activity" means:
(1) a traffic stop;
(2) a pedestrian stop;
(3) an arrest;
(4) a search;
(5) an investigation;
(6) a pursuit;
(7) crowd control;
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(8) traffic control; or
(9) any other instance in which a law enforcement officer is
enforcing the law.
The term does not include an administrative activity, including the
completion of paperwork related to a law enforcement activity.
(k) "Law enforcement recording" means an audio, visual, or
audiovisual recording of a law enforcement activity captured by a
camera or other device that is:
(1) provided to or used by a law enforcement officer in the
scope of the officer's duties; and
(2) designed to be worn by a law enforcement officer or
attached to the vehicle or transportation of a law enforcement
officer.
(j) (l) "Offender" means a person confined in a penal institution as
the result of the conviction for a crime.
(k) (m) "Patient" has the meaning set out in IC 16-18-2-272(d).
(l) (n) "Person" means an individual, a corporation, a limited
liability company, a partnership, an unincorporated association, or a
governmental entity.
(m) (o) "Provider" has the meaning set out in IC 16-18-2-295(b) and
includes employees of the state department of health or local boards of
health who create patient records at the request of another provider or
who are social workers and create records concerning the family
background of children who may need assistance.
(n) (p) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
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government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcohol
and tobacco commission, conservation officers of the department
of natural resources, gaming agents of the Indiana gaming
commission, gaming control officers of the Indiana gaming
commission, and the security division of the state lottery
commission.
(7) Any license branch staffed by employees of the bureau of
motor vehicles commission under IC 9-16.
(8) The state lottery commission established by IC 4-30-3-1,
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(o) (q) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(p) (r) "Standard-sized documents" includes all documents that can
be mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(q) (s) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(r) (t) "Work product of an attorney" means information compiled
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by an attorney in reasonable anticipation of litigation. The term
includes the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.
SECTION 2. IC 5-14-3-3, AS AMENDED BY P.L.134-2012,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2016]: Sec. 3. (a) Any person may inspect and copy the public
records of any public agency during the regular business hours of the
agency, except as provided in section 4 of this chapter. A request for
inspection or copying must:
(1) identify with reasonable particularity the record being
requested; and
(2) be, at the discretion of the agency, in writing on or in a form
provided by the agency.
No request may be denied because the person making the request
refuses to state the purpose of the request, unless such condition is
required by other applicable statute. If a request is for inspection or
copying of a law enforcement recording, the request must provide
the information required under subsection (i).
(b) A public agency may not deny or interfere with the exercise of
the right stated in subsection (a). Within a reasonable time after the
request is received by the agency, the public agency shall either:
(1) provide the requested copies to the person making the request;
or
(2) allow the person to make copies:
(A) on the agency's equipment; or
(B) on the person's own equipment.
(c) Notwithstanding subsections (a) and (b), a public agency may or
may not do the following:
(1) In accordance with a contract described in section 3.5 of this
chapter, permit a person to inspect and copy through the use of
enhanced access public records containing information owned by
or entrusted to the public agency.
(2) Permit a governmental entity to use an electronic device to
inspect and copy public records containing information owned by
or entrusted to the public agency.
(d) Except as provided in subsection (e), a public agency that
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maintains or contracts for the maintenance of public records in an
electronic data storage system shall make reasonable efforts to provide
to a person making a request a copy of all disclosable data contained
in the records on paper, disk, tape, drum, or any other method of
electronic retrieval if the medium requested is compatible with the
agency's data storage system. This subsection does not apply to an
electronic map.
(e) A state agency may adopt a rule under IC 4-22-2, and a political
subdivision may enact an ordinance, prescribing the conditions under
which a person who receives information on disk or tape under
subsection (d) may or may not use the information for commercial
purposes, including to sell, advertise, or solicit the purchase of
merchandise, goods, or services, or sell, loan, give away, or otherwise
deliver the information obtained by the request to any other person for
these purposes. Use of information received under subsection (d) in
connection with the preparation or publication of news, for nonprofit
activities, or for academic research is not prohibited. A person who
uses information in a manner contrary to a rule or ordinance adopted
under this subsection may be prohibited by the state agency or political
subdivision from obtaining a copy or any further data under subsection
(d).
(f) Notwithstanding the other provisions of this section, a public
agency is not required to create or provide copies of lists of names and
addresses (including electronic mail account addresses) unless the
public agency is required to publish such lists and disseminate them to
the public under a statute. However, if a public agency has created a
list of names and addresses (excluding electronic mail account
addresses), it must permit a person to inspect and make memoranda
abstracts from the list unless access to the list is prohibited by law. The
lists of names and addresses (including electronic mail account
addresses) described in subdivisions (1) through (3) may not be
disclosed by public agencies to any individual or entity for political
purposes and may not be used by any individual or entity for political
purposes. In addition, the lists of names and addresses (including
electronic mail account addresses) described in subdivisions (1)
through (3) may not be disclosed by public agencies to commercial
entities for commercial purposes and may not be used by commercial
entities for commercial purposes. The prohibition in this subsection
against the disclosure of lists for political or commercial purposes
applies to the following lists of names and addresses (including
electronic mail account addresses):
(1) A list of employees of a public agency.
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(2) A list of persons attending conferences or meetings at a state
educational institution or of persons involved in programs or
activities conducted or supervised by the state educational
institution.
(3) A list of students who are enrolled in a public school
corporation if the governing body of the public school corporation
adopts a policy:
(A) with respect to disclosure related to a commercial purpose,
prohibiting the disclosure of the list to commercial entities for
commercial purposes;
(B) with respect to disclosure related to a commercial purpose,
specifying the classes or categories of commercial entities to
which the list may not be disclosed or by which the list may
not be used for commercial purposes; or
(C) with respect to disclosure related to a political purpose,
prohibiting the disclosure of the list to individuals and entities
for political purposes.
A policy adopted under subdivision (3)(A) or (3)(B) must be uniform
and may not discriminate among similarly situated commercial entities.
For purposes of this subsection, "political purposes" means influencing
the election of a candidate for federal, state, legislative, local, or school
board office or the outcome of a public question or attempting to solicit
a contribution to influence the election of a candidate for federal, state,
legislative, local, or school board office or the outcome of a public
question.
(g) A public agency may not enter into or renew a contract or an
obligation:
(1) for the storage or copying of public records; or
(2) that requires the public to obtain a license or pay copyright
royalties for obtaining the right to inspect and copy the records
unless otherwise provided by applicable statute;
if the contract, obligation, license, or copyright unreasonably impairs
the right of the public to inspect and copy the agency's public records.
(h) If this section conflicts with IC 3-7, the provisions of IC 3-7
apply.
(i) A request to inspect or copy a law enforcement recording
must be in writing. A request identifies a law enforcement
recording with reasonable particularity as required by this section
only if the request provides the following information regarding
the law enforcement activity depicted in the recording:
(1) The date and approximate time of the law enforcement
activity.
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(2) The specific location where the law enforcement activity
occurred.
(3) The name of at least one (1) individual, other than a law
enforcement officer, who was directly involved in the law
enforcement activity.
SECTION 3. IC 5-14-3-4, AS AMENDED BY P.L.181-2015,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2016]: Sec. 4. (a) The following public records are excepted
from section 3 of this chapter and may not be disclosed by a public
agency, unless access to the records is specifically required by a state
or federal statute or is ordered by a court under the rules of discovery:
(1) Those declared confidential by state statute.
(2) Those declared confidential by rule adopted by a public
agency under specific authority to classify public records as
confidential granted to the public agency by statute.
(3) Those required to be kept confidential by federal law.
(4) Records containing trade secrets.
(5) Confidential financial information obtained, upon request,
from a person. However, this does not include information that is
filed with or received by a public agency pursuant to state statute.
(6) Information concerning research, including actual research
documents, conducted under the auspices of a state educational
institution, including information:
(A) concerning any negotiations made with respect to the
research; and
(B) received from another party involved in the research.
(7) Grade transcripts and license examination scores obtained as
part of a licensure process.
(8) Those declared confidential by or under rules adopted by the
supreme court of Indiana.
(9) Patient medical records and charts created by a provider,
unless the patient gives written consent under IC 16-39 or as
provided under IC 16-41-8.
(10) Application information declared confidential by the board
of the Indiana economic development corporation under
IC 5-28-16.
(11) A photograph, a video recording, or an audio recording of an
autopsy, except as provided in IC 36-2-14-10.
(12) A Social Security number contained in the records of a
public agency.
(13) The following information that is part of a foreclosure action
subject to IC 32-30-10.5:
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(A) Contact information for a debtor, as described in
IC 32-30-10.5-8(d)(1)(B).
(B) Any document submitted to the court as part of the debtor's
loss mitigation package under IC 32-30-10.5-10(a)(3).
(14) The following information obtained from a call made to a
fraud hotline established under IC 36-1-8-8.5:
(A) The identity of any individual who makes a call to the
fraud hotline.
(B) A report, transcript, audio recording, or other information
concerning a call to the fraud hotline.
However, records described in this subdivision may be disclosed
to a law enforcement agency, the attorney general, the inspector
general, the state examiner, or a prosecuting attorney.
(b) Except as otherwise provided by subsection (a), the following
public records shall be excepted from section 3 of this chapter at the
discretion of a public agency:
(1) Investigatory records of law enforcement agencies. For
purposes of this chapter, a law enforcement recording is not
an investigatory record. Law enforcement agencies may share
investigatory records with a person who advocates on behalf of a
crime victim, including a victim advocate (as defined in
IC 35-37-6-3.5) or a victim service provider (as defined in
IC 35-37-6-5), for the purposes of providing services to a victim
or describing services that may be available to a victim, without
the law enforcement agency losing its discretion to keep those
records confidential from other records requesters. However,
certain law enforcement records must be made available for
inspection and copying as provided in section 5 of this chapter.
(2) The work product of an attorney representing, pursuant to
state employment or an appointment by a public agency:
(A) a public agency;
(B) the state; or
(C) an individual.
(3) Test questions, scoring keys, and other examination data used
in administering a licensing examination, examination for
employment, or academic examination before the examination is
given or if it is to be given again.
(4) Scores of tests if the person is identified by name and has not
consented to the release of the person's scores.
(5) The following:
(A) Records relating to negotiations between the Indiana
economic development corporation, the ports of Indiana, the
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Indiana state department of agriculture, the Indiana finance
authority, an economic development commission, a local
economic development organization (as defined in
IC 5-28-11-2(3)), or a governing body of a political
subdivision with industrial, research, or commercial prospects,
if the records are created while negotiations are in progress.
(B) Notwithstanding clause (A), the terms of the final offer of
public financial resources communicated by the Indiana
economic development corporation, the ports of Indiana, the
Indiana finance authority, an economic development
commission, or a governing body of a political subdivision to
an industrial, a research, or a commercial prospect shall be
available for inspection and copying under section 3 of this
chapter after negotiations with that prospect have terminated.
(C) When disclosing a final offer under clause (B), the Indiana
economic development corporation shall certify that the
information being disclosed accurately and completely
represents the terms of the final offer.
(D) Notwithstanding clause (A), an incentive agreement with
an incentive recipient shall be available for inspection and
copying under section 3 of this chapter after the date the
incentive recipient and the Indiana economic development
corporation execute the incentive agreement regardless of
whether negotiations are in progress with the recipient after
that date regarding a modification or extension of the incentive
agreement.
(6) Records that are intra-agency or interagency advisory or
deliberative material, including material developed by a private
contractor under a contract with a public agency, that are
expressions of opinion or are of a speculative nature, and that are
communicated for the purpose of decision making.
(7) Diaries, journals, or other personal notes serving as the
functional equivalent of a diary or journal.
(8) Personnel files of public employees and files of applicants for
public employment, except for:
(A) the name, compensation, job title, business address,
business telephone number, job description, education and
training background, previous work experience, or dates of
first and last employment of present or former officers or
employees of the agency;
(B) information relating to the status of any formal charges
against the employee; and
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(C) the factual basis for a disciplinary action in which final
action has been taken and that resulted in the employee being
suspended, demoted, or discharged.
However, all personnel file information shall be made available
to the affected employee or the employee's representative. This
subdivision does not apply to disclosure of personnel information
generally on all employees or for groups of employees without the
request being particularized by employee name.
(9) Minutes or records of hospital medical staff meetings.
(10) Administrative or technical information that would
jeopardize a record keeping or security system.
(11) Computer programs, computer codes, computer filing
systems, and other software that are owned by the public agency
or entrusted to it and portions of electronic maps entrusted to a
public agency by a utility.
(12) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1.
However, this subdivision does not apply to that information
required to be available for inspection and copying under
subdivision (8).
(13) The work product of the legislative services agency under
personnel rules approved by the legislative council.
(14) The work product of individual members and the partisan
staffs of the general assembly.
(15) The identity of a donor of a gift made to a public agency if:
(A) the donor requires nondisclosure of the donor's identity as
a condition of making the gift; or
(B) after the gift is made, the donor or a member of the donor's
family requests nondisclosure.
(16) Library or archival records:
(A) which can be used to identify any library patron; or
(B) deposited with or acquired by a library upon a condition
that the records be disclosed only:
(i) to qualified researchers;
(ii) after the passing of a period of years that is specified in
the documents under which the deposit or acquisition is
made; or
(iii) after the death of persons specified at the time of the
acquisition or deposit.
However, nothing in this subdivision shall limit or affect contracts
entered into by the Indiana state library pursuant to IC 4-1-6-8.
(17) The identity of any person who contacts the bureau of motor
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vehicles concerning the ability of a driver to operate a motor
vehicle safely and the medical records and evaluations made by
the bureau of motor vehicles staff or members of the driver
licensing medical advisory board regarding the ability of a driver
to operate a motor vehicle safely. However, upon written request
to the commissioner of the bureau of motor vehicles, the driver
must be given copies of the driver's medical records and
evaluations.
(18) School safety and security measures, plans, and systems,
including emergency preparedness plans developed under 511
IAC 6.1-2-2.5.
(19) A record or a part of a record, the public disclosure of which
would have a reasonable likelihood of threatening public safety
by exposing a vulnerability to terrorist attack. A record described
under this subdivision includes the following:
(A) A record assembled, prepared, or maintained to prevent,
mitigate, or respond to an act of terrorism under IC 35-47-12-1
or an act of agricultural terrorism under IC 35-47-12-2.
(B) Vulnerability assessments.
(C) Risk planning documents.
(D) Needs assessments.
(E) Threat assessments.
(F) Intelligence assessments.
(G) Domestic preparedness strategies.
(H) The location of community drinking water wells and
surface water intakes.
(I) The emergency contact information of emergency
responders and volunteers.
(J) Infrastructure records that disclose the configuration of
critical systems such as communication, electrical, ventilation,
water, and wastewater systems.
(K) Detailed drawings or specifications of structural elements,
floor plans, and operating, utility, or security systems, whether
in paper or electronic form, of any building or facility located
on an airport (as defined in IC 8-21-1-1) or any part of a law
enforcement recording that depicts a building or facility
located on an airport (as defined in IC 8-21-1-1) that is
owned, occupied, leased, or maintained by a public agency. A
record described in this clause may not be released for public
inspection by any public agency without the prior approval of
the public agency that owns, occupies, leases, or maintains the
airport. Both of the following apply to the public agency that
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owns, occupies, leases, or maintains the airport:
(i) The public agency is responsible for determining
whether the public disclosure of a record or a part of a
record, including a law enforcement recording, has a
reasonable likelihood of threatening public safety by
exposing a vulnerability to terrorist attack. and
(ii) The public agency must identify a record described
under item (i) and clearly mark the record as "confidential
and not subject to public disclosure under
IC 5-14-3-4(b)(19)(J) without approval of (insert name of
submitting public agency)". and However, in the case of a
law enforcement recording, the public agency must
clearly mark the record as "confidential and not subject
to public disclosure under IC 5-14-3-4(b)(19)(K) without
approval of (insert name of the public agency that owns,
occupies, leases, or maintains the airport)".
(L) The home address, home telephone number, and
emergency contact information for any:
(i) emergency management worker (as defined in
IC 10-14-3-3);
(ii) public safety officer (as defined in IC 35-47-4.5-3);
(iii) emergency medical responder (as defined in
IC 16-18-2-109.8); or
(iv) advanced emergency medical technician (as defined in
IC 16-18-2-6.5).
This subdivision does not apply to a record or portion of a record
pertaining to a location or structure owned or protected by a
public agency in the event that an act of terrorism under
IC 35-47-12-1 or an act of agricultural terrorism under
IC 35-47-12-2 has occurred at that location or structure, unless
release of the record or portion of the record would have a
reasonable likelihood of threatening public safety by exposing a
vulnerability of other locations or structures to terrorist attack.
(20) The following personal information concerning a customer
of a municipally owned utility (as defined in IC 8-1-2-1):
(A) Telephone number.
(B) Address.
(C) Social Security number.
(21) The following personal information about a complainant
contained in records of a law enforcement agency:
(A) Telephone number.
(B) The complainant's address. However, if the complainant's
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address is the location of the suspected crime, infraction,
accident, or complaint reported, the address shall be made
available for public inspection and copying.
(22) Notwithstanding subdivision (8)(A), the name,
compensation, job title, business address, business telephone
number, job description, education and training background,
previous work experience, or dates of first employment of a law
enforcement officer who is operating in an undercover capacity.
(23) Records requested by an offender that:
(A) contain personal information relating to:
(i) a correctional officer (as defined in IC 5-10-10-1.5);
(ii) a law enforcement officer (as defined in
IC 35-31.5-2-185);
(iii) a judge (as defined in IC 33-38-12-3);
(iv) the victim of a crime; or
(v) a family member of a correctional officer, law
enforcement officer (as defined in IC 35-31.5-2-185), judge
(as defined in IC 33-38-12-3), or victim of a crime; or
(B) concern or could affect the security of a jail or correctional
facility.
(24) Information concerning an individual less than eighteen (18)
years of age who participates in a conference, meeting, program,
or activity conducted or supervised by a state educational
institution, including the following information regarding the
individual or the individual's parent or guardian:
(A) Name.
(B) Address.
(C) Telephone number.
(D) Electronic mail account address.
(25) Criminal intelligence information.
(26) The following information contained in a report of unclaimed
property under IC 32-34-1-26 or in a claim for unclaimed
property under IC 32-34-1-36:
(A) Date of birth.
(B) Driver's license number.
(C) Taxpayer identification number.
(D) Employer identification number. or
(E) Account number.
(27) Except as provided in subdivision (19) and section 5.1 of
this chapter, a law enforcement recording.
(c) Nothing contained in subsection (b) shall limit or affect the right
of a person to inspect and copy a public record required or directed to
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be made by any statute or by any rule of a public agency.
(d) Notwithstanding any other law, a public record that is classified
as confidential, other than a record concerning an adoption or patient
medical records, shall be made available for inspection and copying
seventy-five (75) years after the creation of that record.
(e) Only the content of a public record may form the basis for the
adoption by any public agency of a rule or procedure creating an
exception from disclosure under this section.
(f) Except as provided by law, a public agency may not adopt a rule
or procedure that creates an exception from disclosure under this
section based upon whether a public record is stored or accessed using
paper, electronic media, magnetic media, optical media, or other
information storage technology.
(g) Except as provided by law, a public agency may not adopt a rule
or procedure nor impose any costs or liabilities that impede or restrict
the reproduction or dissemination of any public record.
(h) Notwithstanding subsection (d) and section 7 of this chapter:
(1) public records subject to IC 5-15 may be destroyed only in
accordance with record retention schedules under IC 5-15; or
(2) public records not subject to IC 5-15 may be destroyed in the
ordinary course of business.
SECTION 4. IC 5-14-3-5.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2016]: Sec. 5.1. (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.
(b) A public agency shall allow a requestor to inspect a law
enforcement recording at least twice, if:
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(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
shall obscure in the recording any:
(1) information described in section 4(a) of this chapter;
(2) undercover law enforcement officer; and
(3) confidential informant.
(d) 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.
SECTION 5. IC 5-14-3-5.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2016]: Sec. 5.2. (a) Any person may petition to obtain a court
order to inspect or copy a law enforcement recording if the person
demonstrates to the court the following:
(1) If section 4(b)(19) of this chapter applies, that the public
agency that owns, occupies, leases, or maintains the airport
approves the disclosure of the recording.
(2) That on the facts of the particular case:
(A) the public interest will be served by allowing access to
the recording;
(B) access to or dissemination of the recording does not
create a significant risk of substantial harm to any person
or to the general public; and
(C) the release of the recording does not create a
prejudicial effect on ongoing civil or criminal proceedings.
(b) Notwithstanding section 9(i) of this chapter, a person that
obtains a petition for inspection of or to copy a law enforcement
recording under this section may not be awarded attorney's fees,
court costs, and other reasonable expenses of litigation. The
penalty provisions of section 9.5 of this chapter do not apply to an
action under this section.
(c) If the court grants a petition for inspection of or to copy the
law enforcement recording, the public agency shall disclose the
recording after obscuring:
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(1) any information described in section 4(a) of this chapter;
(2) depictions of:
(A) an individual's death or a dead body;
(B) acts of severe violence that:
(i) are against any individual who is clearly visible; and
(ii) result in serious bodily injury (as defined in
IC 35-31.5-2-292);
(C) serious bodily injury (as defined in IC 35-31.5-2-292);
(D) nudity (as defined in IC 35-49-1-5);
(E) an individual who is less than eighteen (18) years of
age;
(F) personal medical information;
(G) a victim of a crime, or any information identifying the
victim of a crime;
(H) a witness to a crime or an individual who reports a
crime, or any information identifying a witness to a crime
or an individual who reports a crime;
(I) a law enforcement officer operating in an undercover
capacity; and
(J) a confidential informant; and
(3) any information that the public agency may obscure under
section 4(b)(2) through 4(b)(18) of this chapter.
SECTION 6. IC 5-14-3-5.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2016]: Sec. 5.3. A public agency shall retain an unaltered,
unobscured law enforcement recording for at least one hundred
eighty (180) days after the date of the recording, except in the
following circumstances:
(1) Except as provided in subdivision (3), if a person defined
as a "requestor" as set forth in section 5.1(a) of this chapter
notifies the public agency in writing not more than one
hundred eighty (180) days after the date of the recording that
the recording is to be retained, the recording shall be retained
for at least two (2) years after the date of the recording. The
public agency may not request or require the person to
provide a reason for the retention.
(2) Except as provided in subdivision (3), if a formal or
informal complaint is filed with the public agency regarding
a law enforcement activity depicted in the recording less than
one hundred eighty (180) days after the date of the recording,
the public agency shall automatically retain the recording for
at least two (2) years after the date of the recording.
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(3) If a recording is used in a criminal, civil, or administrative
proceeding, the public agency shall retain the recording until
final disposition of all appeals and order from the court.
(4) The public agency may retain a recording for training
purposes for any length of time.
SECTION 7. IC 5-14-3-9, AS AMENDED BY P.L.248-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2016]: Sec. 9. (a) This section does not apply to a request for
information under section 4.4 of this chapter.
(b) A denial of disclosure by a public agency occurs when the
person making the request is physically present in the office of the
agency, makes the request by telephone, or requests enhanced access
to a document and:
(1) the person designated by the public agency as being
responsible for public records release decisions refuses to permit
inspection and copying of a public record when a request has
been made; or
(2) twenty-four (24) hours elapse after any employee of the public
agency refuses to permit inspection and copying of a public
record when a request has been made;
whichever occurs first.
(c) If a person requests by mail or by facsimile a copy or copies of
a public record, a denial of disclosure does not occur until seven (7)
days have elapsed from the date the public agency receives the request.
(d) If a request is made orally, either in person or by telephone, a
public agency may deny the request orally. However, if a request
initially is made in writing, by facsimile, or through enhanced access,
or if an oral request that has been denied is renewed in writing or by
facsimile, a public agency may deny the request if:
(1) the denial is in writing or by facsimile; and
(2) the denial includes:
(A) a statement of the specific exemption or exemptions
authorizing the withholding of all or part of the public record;
and
(B) the name and the title or position of the person responsible
for the denial.
(e) A person who has been denied the right to inspect or copy a
public record by a public agency may file an action in the circuit or
superior court of the county in which the denial occurred to compel the
public agency to permit the person to inspect and copy the public
record. Whenever an action is filed under this subsection, the public
agency must notify each person who supplied any part of the public
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record at issue:
(1) that a request for release of the public record has been denied;
and
(2) whether the denial was in compliance with an informal inquiry
response or advisory opinion of the public access counselor.
Such persons are entitled to intervene in any litigation that results from
the denial. The person who has been denied the right to inspect or copy
need not allege or prove any special damage different from that
suffered by the public at large.
(f) The court shall determine the matter de novo, with the burden of
proof on the public agency to sustain its denial. If the issue in de novo
review under this section is whether a public agency properly denied
access to a public record because the record is exempted under section
4(a) of this chapter, the public agency meets its burden of proof under
this subsection by establishing the content of the record with adequate
specificity and not by relying on a conclusory statement or affidavit.
(g) If the issue in a de novo review under this section is whether a
public agency properly denied access to a public record because the
record is exempted under section 4(b) of this chapter:
(1) the public agency meets its burden of proof under this
subsection by:
(A) proving that: the:
(i) the record falls within any one (1) of the categories of
exempted records under section 4(b) of this chapter; and
(ii) if the action is for denial of access under section 5.1
of this chapter, the plaintiff is not a "requestor" as that
term is defined in section 5.1 of this chapter; and
(B) establishing the content of the record with adequate
specificity and not by relying on a conclusory statement or
affidavit; and
(2) a person requesting access to a public record meets the
person's burden of proof under this subsection:
(A) by proving that the denial of access is arbitrary or
capricious; or
(B) if the plaintiff is requesting a court order under section
5.2 of this chapter, by demonstrating the matters set forth
in section 5.2(a) of this chapter.
(h) The court may review the public record in camera to determine
whether any part of it may be withheld under this chapter. However, if
the complaint alleges that a public agency denied disclosure of a public
record by redacting information in the public record, the court shall
conduct an in camera inspection of the public record with the redacted
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information included.
(i) In any action filed under this section, a court shall award
reasonable attorney's fees, court costs, and other reasonable expenses
of litigation to the prevailing party if:
(1) the plaintiff substantially prevails; or
(2) the defendant substantially prevails and the court finds the
action was frivolous or vexatious.
Except as provided in subsection (k), the plaintiff is not eligible for
the awarding of attorney's fees, court costs, and other reasonable
expenses if the plaintiff filed the action without first seeking and
receiving an informal inquiry response or advisory opinion from the
public access counselor, unless the plaintiff can show the filing of the
action was necessary because the denial of access to a public record
under this chapter would prevent the plaintiff from presenting that
public record to a public agency preparing to act on a matter of
relevance to the public record whose disclosure was denied.
(j) Except as provided in subsection (k), a court may assess a civil
penalty under section 9.5 of this chapter only if the plaintiff obtained
an advisory opinion from the public access counselor before filing an
action under this section as set forth in section 9.5 of this chapter.
(k) This subsection applies only to an action for denial of access
to a law enforcement recording under section 5.1 of this chapter.
If a plaintiff files an action under this section without first seeking
and receiving an informal inquiry response or advisory opinion
from the public access counselor:
(1) the plaintiff is eligible for the awarding of attorney's fees,
court costs, and other reasonable expenses if the plaintiff
prevails; and
(2) a court may assess a civil penalty under section 9.5 of this
chapter.
(k) (l) A court shall expedite the hearing of an action filed under this
section.
SECTION 8. IC 35-31.5-2-185.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2016]: Sec. 185.4. "Law enforcement
recording device" means a camera or other device for creating
audio, visual, or audiovisual recordings that is:
(1) provided to or used by a law enforcement officer in the
scope of the officer's duties; and
(2) designed to be worn by a law enforcement officer or
attached to the vehicle or transportation of a law enforcement
officer.
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SECTION 9. IC 35-46-8.5-1, AS ADDED BY P.L.170-2014,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2016]: Sec. 1. (a) This section does not apply to any of the
following:
(1) Electronic or video toll collection facilities or activities
authorized under any of the following:
(A) IC 8-15-2.
(B) IC 8-15-3.
(C) IC 8-15.5.
(D) IC 8-15.7.
(E) IC 8-16.
(F) IC 9-21-3.5.
(2) A law enforcement officer who has obtained:
(A) a search warrant; or
(B) the consent of the owner or private property;
to place a camera or electronic surveillance equipment on private
property.
(3) A law enforcement officer who uses a law enforcement
recording device in performance of the officer's duties.
(b) A person who knowingly or intentionally places a camera or
electronic surveillance equipment that records images or data of any
kind while unattended on the private property of another person
without the consent of the owner or tenant of the private property
commits a Class A misdemeanor.

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