2.
(a)A public agency shall permit any person
to inspect or copy a law enforcement recording unless one (1) or more
of the following circumstances apply:
(1)Section 4(b)(19) of this chapter applies and the person has not
demonstrated that the public agency that owns, occupies, leases,
or maintains the airport approves the disclosure of the recording.
(2)The public agency finds, after due consideration of the facts
of the particular case, that access to or dissemination of the
recording:
(A)creates a significant risk of substantial harm to any person
or to the general public;
(B)is likely to interfere with the ability of a person to receive
a fair trial by creating prejudice or bias concerning the person
or a claim or defense presented by the person;
(C)may affect an ongoing investiga
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2. (a) A public agency shall permit any person
to inspect or copy a law enforcement recording unless one (1) or more
of the following circumstances apply:
(1) Section 4(b)(19) of this chapter applies and the person has not
demonstrated that the public agency that owns, occupies, leases,
or maintains the airport approves the disclosure of the recording.
(2) The public agency finds, after due consideration of the facts
of the particular case, that access to or dissemination of the
recording:
(A) creates a significant risk of substantial harm to any person
or to the general public;
(B) is likely to interfere with the ability of a person to receive
a fair trial by creating prejudice or bias concerning the person
or a claim or defense presented by the person;
(C) may affect an ongoing investigation, if the recording is an
investigatory record of a law enforcement agency as defined in
section 2 of this chapter and notwithstanding its exclusion
under section 4(b)(1) of this chapter; or
(D) would not serve the public interest.
However, before permitting a person to inspect or copy the recording,
the public agency must comply with the obscuring provisions of
subsection (e), if applicable.
(b) If a public agency denies a person the opportunity to inspect or
copy a law enforcement recording under subsection (a), the person may
petition the circuit or superior court of the county in which the law
enforcement recording was made for an order permitting inspection or
copying of a law enforcement recording. The court shall review the
decision of the public agency de novo and grant the order unless one
(1) or more of the following apply:
(1) If section 4(b)(19) of this chapter applies, the petitioner fails
to establish by a preponderance of the evidence that the public
agency that owns, occupies, leases, or maintains the airport
approves the disclosure of the recording.
(2) The public agency establishes by a preponderance of the
evidence in light of the facts of the particular case, that access to
or dissemination of the recording:
(A) creates a significant risk of substantial harm to any person
or to the general public;
(B) is likely to interfere with the ability of a person to receive
a fair trial by creating prejudice or bias concerning the person
or a claim or defense presented by the person;
(C) may affect an ongoing investigation, if the recording is an
investigatory record of a law enforcement agency, as defined in
section 2 of this chapter, notwithstanding its exclusion under
section 4 of this chapter; or
(D) would not serve the public interest.
(c) Notwithstanding section 9(i) of this chapter, a person that
obtains an order for inspection of or to copy a law enforcement
recording under this section may not be awarded attorney's fees, court
costs, and other reasonable expenses of litigation. The penalty
provisions of section 9.5 of this chapter do not apply to a petition filed
under this section.
(d) If the court grants a petition for inspection of or to copy the law
enforcement recording, the public agency shall disclose the recording.
However, before disclosing the recording, the public agency must
comply with the obscuring provisions of subsection (e), if applicable.
Any copy of the recording must be made by the public agency.
(e) A public agency that discloses a law enforcement recording
under this section:
(1) shall obscure:
(A) any information that is required to be obscured under
section 4(a) of this chapter; and
(B) depictions of:
(i) an individual's death or a dead body;
(ii) acts of severe violence that are against any individual who
is clearly visible and that result in serious bodily injury (as
defined in IC 35-31.5-2-292);
(iii) serious bodily injury (as defined in IC 35-31.5-2-292);
(iv) nudity (as defined in IC 35-49-1-5);
(v) an individual whom the public agency reasonably believes
is less than eighteen (18) years of age;
(vi) personal medical information;
(vii) a victim of a crime, or any information identifying the
victim of a crime, if the public agency finds that obscuring
this information is necessary for the victim's safety; and
(viii) a witness to a crime or an individual who reports a
crime, or any information identifying a witness to a crime or
an individual who reports a crime, if the public agency finds
that obscuring this information is necessary for the safety of
the witness or individual who reports a crime; and
(2) may obscure:
(A) any information identifying:
(i) a law enforcement officer operating in an undercover
capacity; or
(ii) a confidential informant; and
(B) any information that the public agency may withhold from
disclosure under section 4(b)(2) through 4(b)(26) of this
chapter.
(f) A court shall expedite a proceeding filed under this section.
Unless prevented by extraordinary circumstances, the court shall
conduct a hearing (if required) and rule on a petition filed under this
section not later than thirty (30) days after the date the petition is filed.