HB 4445

Amends the Freedom of Information Act. Provides that, if a public body determines that a request for a body-worn camera recording is reasonably likely to be used for a commercial purpose, then the public body's response to the requester shall inform the requester: (1) if the recording contains one or more identifiable subjects; (2) that use of the recording for any commercial purpose triggers obligations under the provisions if the recording contains an identifiable subject; and (3) that failure to comply with the provisions may result in civil liability. Provides that prior to disclosing a body-worn camera recording to a requester, the public body shall provide written notice to each identifiable subject in the recording that is known to the public body. Provides that prior to any publication, posting, dissemination, or distribution, a person intending to use a body-worn camera recording for a commercial purpose must provide written notice to each identifiable subject. Provides that, if a person engages in a profit-derived use of a body-worn camera recording, then the person shall remit not less than 50% of the gross revenues derived from the use of the body-worn camera recording to the identifiable subjects depicted in the recording. Provides that an identifiable subject who is aggrieved by a violation of the provisions may bring a civil action against any person who violates the provisions or who knowingly directs, assists, or benefits from a violation of the provisions. Provides that a person who is aggrieved by a violation of the provisions may recover damages and any other appropriate relief, including reasonable attorney's fees. Provides that nothing in the provisions shall be construed to limit, diminish, or adversely affect any rights, remedies, causes of actions, or protections under any other State or federal law. Provides that a public body, its officers, and its employees are immune from liability for any failure by a person other than the public body to comply with the provisions. Defines "body-worn camera recording"", ""identifiable subject"", ""profit-derived use"", ""duration of appearance"", and ""officer-worn body camera""."