Prohibits disclosure of body worn camera recordings under certain circumstances.

A1621

ASSEMBLY, No. 1621

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Prohibits disclosure of body worn camera recordings
under certain circumstances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning invasion of privacy and supplementing Title
2A of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� A person who has
obtained a body worn camera recording pursuant to P.L.1963, c.73 (C.47:1A-1 et
seq.), commonly known as the open public records act, and who is not a subject
of the body worn camera recording shall not disclose the recording without the
prior written consent of each subject of the body worn camera recording, unless
the disclosure is for a legitimate public health or safety purpose or a
compelling public interest.

���� b.��� A person who knowingly
violates the provisions of subsection a. of this section shall be guilty of a
disorderly persons offense.�

���� c.���� In addition to any
other right of action or recovery otherwise available under the laws of this
State, a person who knowingly violates the provisions of subsection a. of this
section shall be liable to a subject of the body worn camera recording, who may
bring a civil action in the Superior Court.

���� The court may award:

���� (1)� actual damages, but not
less than liquidated damages computed at the rate of $1,000 for each violation
of this section;

���� (2)� punitive damages upon
proof of willful or reckless disregard of the law;

���� (3)� reasonable attorney�s
fees and other litigation costs reasonably incurred; and

���� (4)� other preliminary and
equitable relief as the court determines to be appropriate.

���� d.��� A conviction for a
disorderly persons offense pursuant to subsection b. of this section shall not
be a prerequisite for a civil action brought pursuant to subsection c. of this
section.

���� e.���� As used in this
section:

���� �Body worn camera� means a
mobile audio and video recording system worn by a law enforcement officer.

���� �Disclose� means to sell,
manufacture, give, provide, lend, mail, deliver, transfer, publish, post,
distribute, circulate, disseminate, present, exhibit, advertise, offer, share,
or make available through the Internet or by any other means, whether or not
for pecuniary gain.

���� �Law enforcement officer�
means a person whose public duties include the power to act as an officer for
the detection, apprehension, arrest, and conviction of offenders against the
laws of this State.�

���� "Subject of the body worn
camera recording" means suspect, victim, detainee, conversant, injured
party, or other similarly situated person who appears on the body worn camera
recording, and shall not include a person who only incidentally appears on the
recording.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill prohibits the
disclosure of body worn camera recordings obtained pursuant to the State�s open
public records law under certain circumstances.

���� It has come to the sponsor�s
attention that bad actors have been taking advantage of the State�s open public
records law in order to exploit on social media young women who have been
recorded on body worn cameras during law enforcement encounters.� It is the
sponsor�s intent to prevent such exploitation without limiting legitimate
access to public records by the press or others.�

���� Under the provisions of this
bill, a person who has obtained a body worn camera recording pursuant to the
open public records act and who is not a subject of the body worn camera
recording is prohibited from disclosing the recording without the prior written
consent of each subject of the body worn camera recording, unless the
disclosure is for a legitimate public health or safety purpose or a compelling
public interest.

���� A person who knowingly
violates this provision is guilty of a disorderly persons offense.� In addition
to any other right of action or recovery available under the laws of this
State, a person who knowingly violates this provision is also liable to a subject
of the body worn camera recording, who may bring an action in Superior Court.�
The court may award: 1) actual damages, but not less than liquidated damages
computed at the rate of $1,000 for each violation; 2) punitive damages upon
proof of willful or reckless disregard of the law; 3) reasonable attorney�s
fees and other litigation costs reasonably incurred; and 4) any other
preliminary and equitable relief as the court determines to be appropriate.

���� Under the bill, �body worn
camera� is defined as a mobile audio and video recording system worn by a law
enforcement officer.� The bill defines �subject of the body worn camera
recording� as a suspect, victim, detainee, conversant, injured party, or other
similarly situated person who appears on the body worn camera recording and
does not include a person who only incidentally appears on the recording.