HB 1936 Allows sheriffs and deputies to assist in other counties throughout the state and modifies provisions relating to the Inmate Prisoner Detainee Security Fund, and law enforcement mobile video recordings
Sponsor: Dixon
LR Number: 5343S.02T Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 7/8/2016 - Signed by Governor Journal Page: S3716
Title: SCS HB 1936 Calendar Position:
Effective Date: August 28, 2016
House Handler: Wilson

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Current Bill Summary


SCS/HB 1936 - This act contains provisions regarding the authority for sheriffs and deputies to assist in other counties throughout the state, the Inmate Prisoner Detainee Security Fund, and law enforcement mobile video recordings.

SHERIFF ASSISTANCE - 57.111

Under current law, sheriffs and deputy sheriffs may render assistance in an adjoining county upon the request of that county's sheriff. When rendering such assistance, the responding sheriffs and deputies have the same powers of arrest in the requesting county as they have in their own county. This act provides that sheriffs and deputy sheriffs may render such assistance in any county in the state.

This act also specifies that, for purposes of workers' compensation, overtime, and expense reimbursement, any sheriff or deputy rendering assistance in another county shall be deemed an employee of the responding county sheriff's office.

This provision is similar to SB 734 (2016), a provision of HCS/SS/SCS/SB 663 (2016), SS/SCS/HB 218 (2015), and SB 202 (2015).

INMATE PRISONER DETAINEE SECURITY FUND - 488.5026

This act provides that the money in the Inmate Prisoner Detainee Security Fund must be used to supplement the sheriff's funding. Under this act, a county commission may not reduce a sheriff's budget as a result of the moneys received from the fund.

MOBILE VIDEO RECORDINGS - 610.100

Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered and unedited copy of the recording.

The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records.

Any person may bring an action to authorize disclosure of a mobile video recording and the court may order that all or part of the recording be released to the person. In making its determination on release, the court shall consider factors outlined in the act, including the benefit to the public as opposed to the harm to the public, to the law enforcement agency or its officers, or to any person identified in the recording. The mobile video recording may be examined by the court in its chambers. If disclosure of either a mobile video recording or an investigative report is authorized, the court may make any order that justice requires and set forth conditions for or limitations on the disclosure as authorized in the act.

The act provides that any person who requests and receives a mobile video recording that was recorded in a nonpublic location is prohibited from displaying or disclosing the recording without first affording any non-law enforcement person whose image or sound is contained in the recording the opportunity to seek a court order enjoining all or some of the display or disclosure. Any person who fails to comply with this provision is subject to damages in a civil action.

These provisions are identical to provisions of SB 1061 (2016) and HCS/SS/SCS/SB 663 (2016), substantially similar to the truly agreed to and finally passed CCS/HCS/SCS/SB 765 (2016), and are similar to the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016) and HCS/HB 2344 (2016).

MEGHAN LUECKE