TALLAHASSEE, Fla. – Legislation giving police almost total control over who can see video from body cameras was watered down Tuesday at the state Capitol, but open government advocates said the legislation is almost self-defeating.
And while open government advocates made progress, they are not claiming victory. The legislation keeping the exemption of video at medical emergencies, which could include officer-involved shootings, remains the House version of the legislation.
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If video of a man fleeing and being shot by a police officer in South Carolina had been shot on a police-worn body camera, not a citizen's cellphone, it might never have seen the light of day under the legislation.
Lawmakers removed exemptions from showing video taken by police at accident scenes or medical emergencies, including officer-involved shootings.
"That would have been overly broad, because technically, a lot of circumstances where we need to see the video sometimes involves injury," Sen. Chris Smith said.
The legislation still keeps video that is shot by police in your home or hospital room private.
"And if there is some great public purpose that I'm not a part of, and I don't release it, you go in front of a judge and show the judge that public purpose," Smith said.
But while the changes were enough to win some supporters in the Senate, public rights advocates remain opposed.
"We're concerned that it's too far weighted in law enforcement's favor," said Michelle Richardson, with the American Civil Liberties Union of Florida. "They'll be able to release the video whenever they want, regardless of the privacy implications. The public, however, will have to get a lawyer, go to court and meet a very strict test to see the video."
Because the legislation creates a new exemption to public records, it will require a two-thirds vote, not just a simple majority.
Advocates said they will keep working to make as much video open to the public as possible until a final vote on the bill is made next week.