Signed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to pass a bill that authorizes local law enforcement agencies to charge up to $15 an hour for retrieving and preparing audiovisual records for open records requests that require more than three hours of personnel or equipment time to fulfill.

Highlights:

• Classifies “criminal investigation documentation” to include, without limitation, the following (Sec. 1.a):

• Incident or offense reports;

• Arrest warrant records;

• Search warrant records; and

• Investigative case files, including:

• Photographs;

• Lab reports; and

• Audio media, visual media, and audiovisual media.

• Specifies criminal investigation documentation is to be retained for the following periods of time (Sec. 1.b):

• If the criminal investigation documentation is associated with a Class Y or Class A felony, it will be retained for at least 30 years;

• If the criminal investigation documentation is associated with a non-Class Y felony, it will be retained for at least 10 years;

• If the criminal investigation documentation is associated with a misdemeanor or violation, it will be retained for at least 3 years;

• If the criminal investigation documentation relates to a civil matter or other noncriminal matter, it will be retained for at least 3 years; and

• If the criminal investigation documentation is associated with a use of force by law enforcement, law enforcement complaints, or administrative proceedings, it will be retained for at least 3 years.

• Requires a contract between an electronic record provider and a county concerning audio media, visual media, or audiovisual media for the county law enforcement agencies to provide that audio media, visual media, or audiovisual media be maintained (Sec. 2-2).

• Requires 3 hours or less of personnel and equipment time to fulfill the request to be provided at no charge, except (Sec. 3-2.A):

• For the cost of reproduction of the media; or

• Unless the requestor or the requestor's entity has made a request under this section in the immediately preceding 30 day period.

• Requires more than 3 hours of personnel or equipment time to fulfill the request to be charged at a rate that does not exceed $20.00 per hour on a prorated basis for each hour of running time of audio media, visual media, or audiovisual media provided to the requestor (Sec. 3-2.B).

Full Bill Text