Amend the bill, as and if amended, SECTION 1, by striking item (G) and inserting:
/ (G)(1) Except as otherwise provided in this subsection, a law enforcement agency or prosecutor shall not release data recorded by a body-worn camera.
(2) A law enforcement agency or prosecutor shall release data recorded by a body-worn camera pursuant to the South Carolina Rules of Civil Procedure, the South Carolina Rules of Criminal Procedure, or a court order.
(3) A law enforcement agency or prosecutor shall release data recorded by a body-worn camera pursuant to the Freedom of Information Act if a request is made to release the data pursuant to the Freedom of Information Act by:
(a) a person who is the subject of the recording and the person has not been charged with a criminal offense related to the recording;
(b) a person who is the victim of a criminal act related to the recording;
(c) a person who has brought or is contemplating bringing a civil action with standing to bring such an action and the recording is relevant;
(d) a parent or legal guardian of a minor or incapacitated person described in item (a), (b), or (c); or
(e) an attorney for a person described in item (a), (b), or (c).
(4) A law enforcement agency or prosecutor shall release data recorded by a body-worn camera pursuant to the Freedom of Information Act if a request is made to release the data pursuant to the Freedom of Information Act and the following conditions are all met:
(a) the data is retained by the law enforcement agency or prosecutor in connection with an ongoing criminal investigation, internal investigation, or prosecution;
(b) the recorded interaction involved the unlawful use of force by a law enforcement officer or resulted in a formal complaint for unlawful conduct by a law enforcement officer; and
(c) the heightened public interest requires disclosure of the data.
(5) A law enforcement agency or prosecutor may release data recorded by a body-worn camera if the recorded interaction involved the use of force by a law enforcement officer or resulted in a formal complaint against a law enforcement officer.
(6) Nothing in this subsection is intended to abrogate any constitutional or statutory exemption, restriction, or prohibition concerning the release of otherwise protected information. /
Renumber sections to conform.
Amend title to conform.