Arizona Laws 41-1734. Video recordings; release; consent; redactions; request requirements; fee
A. The department may release to the public a copy of a video recording only if one or more of the following apply:
Terms Used In Arizona Laws 41-1734
- Allegation: something that someone says happened.
- Arrest: Taking physical custody of a person by lawful authority.
- Department: means the department of public safety. See Arizona Laws 41-1701
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
1. All persons other than peace officers shown in the video recording consent to the release, or any information that may identify persons shown in the video has been redacted. If a person shown in the video recording is deceased, the person’s parent, guardian, next of kin or estate may provide the consent.
2. The department is the custodian of the video recording and reasonably determines that there is an important public purpose for releasing the video recording, including a situation in which the video recording involves any of the following:
(a) A person being arrested for a misdemeanor or felony with a sentence that may result in incarceration.
(b) One or more peace officers using physical force.
(c) An allegation of law enforcement misconduct.
B. Before the department releases to the public a copy of a video recording, the department shall review the video recording to determine whether redacting or withholding the video recording is appropriate. The department:
1. Shall redact information that may identify persons shown in the video recording if a reasonable expectation of privacy exists unless the department obtains the consent of all persons required by subsection A, paragraph 1 of this section or the video recording involves an arrest described in subsection A, paragraph 2, subdivision (a) of this section. If the video recording involves an incident occurring in a public place, the department is not required to redact information that may identify persons who appear in the video recording only incidentally.
2. May withhold or redact a video recording if the department determines that the video recording is a public record and that privacy, confidentiality or the best interests of this state outweigh releasing or disclosing the video recording.
3. May withhold or redact a video recording if withholding or redacting the video recording is necessary to protect a victim’s rights guaranteed under article II, section 2.1, Constitution of Arizona.
C. Notwithstanding Title 39, Chapter 1, Article 2, the department shall deny a person’s request for a copy of a video recording if the person fails to comply with the requirements of this section. The department may not release a copy of the video recording unless the person submits a written request that contains all of the following information:
1. The date and approximate time of the video recording.
2. The specific location where the video recording occurred.
3. The name of one or more persons known to be a subject of the video recording.
D. A person who makes a public records request to the department for a video recording but who fails to provide all of the information required in subsection C of this section may submit a subsequent request for the same video recording by providing all of the required information.
E. The department shall establish a fee that is charged to a person who submits a request for a copy of a video recording pursuant to this section. The department may take into consideration the following information when determining the amount of the fee:
1. The cost of reviewing, making a copy of and, as necessary, redacting the video recording.
2. The hourly compensation of a public records employee.
3. Any other relevant information.