SB 1079 - This act provides that certain crime scene photographs or video recordings, including those produced by a state or local agency or by a perpetrator or suspect at a crime scene, shall be considered closed records and not subject to disclosure under the Open Meetings and Records Law, commonly known as the Sunshine Law. The provisions of this act shall not prohibit disclosure of the material to the deceased’s next of kin or to an individual who has secured a written release from the next of kin. In closed criminal investigations, a court may order the disclosure of such photographs or video recordings upon findings that the disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased's next of kin. Prior to releasing any crime scene material, the custodian must give the deceased's next of kin at least two weeks' notice, which cannot be shortened by a court. This act shall apply to all undisclosed material in the custody of a state or local agency on or after the effective date of the act. This act shall not apply to disclosure of such material to an attorney representing a defendant in a habeas corpus action or other post-conviction motion. Such an attorney may share the material with the client or any expert or investigator, but shall not further disseminate the material.
The Director of the Department of Public Safety must establish rules governing the viewing of the materials by the press.
This act is identical to HB 1127 (2016) and HB 883 (2011).
JIM ERTLE