INDIANAPOLIS — A large part of the police body camera bill was taken out during conference committee in order to find a balancing point between public interest and the police departments in Indiana.
Rep. Kevin Mahan, R-Hartford City, introduced an amendment to House Bill 1019 taking out the rule mandating that law enforcement release any video pertaining to excessive force or civil right violations. In the version of the bill that passed out of the Senate, those videos would be much easier to obtain than other body camera footage.
Mahan said he was fine with other changes to the bill, including switching the burden of proof from the public to law enforcement, but said he could not support that change. He said releasing every video pertaining to excessive force could cause the public to deem an officer guilty prior to any sort of legal action.
“I think we lose the balance we’ve tried so desperately to keep when we’re dealing with this issue,” Mahan said. “I do not think it’s the right thing to automatically release those videos.”
If the changes are adopted by the full House and Senate next week, all police body camera videos will fall under the same category. A member of the public or media can petition a law enforcement agency to get a copy of a video.
The police chief or sheriff has the right to release the video or deny the release. If the request is denied, the member of the public can appeal to a local judge, who must hear the dispute within 30 days. The burden would then be on the law enforcement agency to prove why the video shouldn’t be released.
A provision allowing someone involved in a video to view the video twice with a lawyer is still included in the bill.
Steve Key, with the Hoosier State Press Association, said he is concerned the new amendment could allow law enforcement to get in the habit of denying everything and forcing the public to go through the legal process every time.
Jason Dombkowski, chief of the Wes tLafayette Police Department, said with the automatic release language in the bill, police departments across Indiana could decide to shelve body cameras rather than embrace the technology.
“We can sit around and ‘what if’ things to death,” Mahan said. “I honestly believe in my heart of hearts that this is going to work.”
Mahan said he will be watching this year, if the bill goes into effect, to see how police departments interact with the public and media. He promised if changes need to be made they will be addressed during the 2017 session.
Once the committee report issigned, it will be discussed and voted on in the Senate and House. If both bodies approve the report, it will go to Gov. Mike Pence.