summary
Introduced
01/15/2026
01/15/2026
In Committee
02/11/2026
02/11/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Freedom of Information Act. Provides that, if a public body determines that a request for a body-worn camera recording is reasonably likely to be used for a commercial purpose, then the public body's response to the requester shall inform the requester: (1) if the recording contains one or more identifiable subjects; (2) that use of the recording for any commercial purpose triggers obligations under the provisions if the recording contains an identifiable subject; and (3) that failure to comply with the provisions may result in civil liability. Provides that prior to disclosing a body-worn camera recording to a requester, the public body shall provide written notice to each identifiable subject in the recording that is known to the public body. Provides that prior to any publication, posting, dissemination, or distribution, a person intending to use a body-worn camera recording for a commercial purpose must provide written notice to each identifiable subject. Provides that, if a person engages in a profit-derived use of a body-worn camera recording, then the person shall remit not less than 50% of the gross revenues derived from the use of the body-worn camera recording to the identifiable subjects depicted in the recording. Provides that an identifiable subject who is aggrieved by a violation of the provisions may bring a civil action against any person who violates the provisions or who knowingly directs, assists, or benefits from a violation of the provisions. Provides that a person who is aggrieved by a violation of the provisions may recover damages and any other appropriate relief, including reasonable attorney's fees. Provides that nothing in the provisions shall be construed to limit, diminish, or adversely affect any rights, remedies, causes of actions, or protections under any other State or federal law. Provides that a public body, its officers, and its employees are immune from liability for any failure by a person other than the public body to comply with the provisions. Defines "body-worn camera recording", "identifiable subject", "profit-derived use", "duration of appearance", and "officer-worn body camera".
AI Summary
This bill amends the Freedom of Information Act (FOIA) to establish new rules for the commercial use of body-worn camera recordings, which are defined as recordings captured by an officer-worn body camera. If a public body believes a request for such a recording is likely for commercial purposes, it must inform the requester if the recording contains identifiable subjects (individuals whose identity can be discerned) and warn them that commercial use triggers obligations under this new law, with potential civil liability for non-compliance. Before releasing a recording for commercial use, the public body must notify any known identifiable subjects, informing them of the request, the requester's intent to use it commercially, and their rights to pre-publication notice and revenue sharing. Individuals intending to use a recording commercially must also provide written notice to identifiable subjects, detailing their intent to publish, the platforms used, their expectation of profit, and the subjects' right to a share of revenue. Crucially, anyone making a "profit-derived use" (any commercial use generating revenue like advertising or subscriptions) must share at least 50% of their gross revenue with the identifiable subjects, allocated based on their "duration of appearance" (how long they are perceptible in the recording). Identifiable subjects aggrieved by violations can sue for damages and attorney's fees, and the bill clarifies that these provisions do not limit other legal rights, while public bodies are immune from liability for others' non-compliance.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
House Executive Committee Hearing (10:00:00 2/25/2026 Room 118) (on 02/25/2026)
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