Bill > A4140

Introduced Session

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.

AI Summary

Committee Categories

Sean Kean (R)*, 

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 04/04/2024)

Official Document