Kansas lawmakers endorse deadline to view police body cam footage

Kansas lawmakers have voted to set a deadline for police to allow the families of those killed by police to view officer body cam footage.

The House gave first-round approval Wednesday to a bill that would require police to allow footage to be viewed within 20 days of a request.

The legislation doesn’t go nearly as far as an earlier version of the bill in opening up access to footage, however.

Kansas has experienced several controversial police shootings in recent months, including a shooting in Topeka and in Wichita, where 28-year-old Andrew Finch was killed in a swatting incident.

Right now, people who are the subject of a recording, the parents of children who are the subjects of recordings and their attorneys or heirs can ask to view footage. All of those individuals would fall under the 20-day deadline.

“This is a good first step,” said Rep. Blaine Finch, R-Ottawa. “It recognizes compromise between the parties and moves us forward to ensure that if these tragic events happen in the future, the family members can view the video, listen to the audio and get some closure.”

An earlier version of House Bill 2571 would have gone much further. The bill as introduced would have required public agencies to disclose records once an investigation becomes inactive. It would also give courts the discretion to order the disclosure of investigative records.

The original bill would have also required police to allow body cam footage viewing within 24 hours after a request is made.

Rep. John Carmichael, D-Wichita, was able to bring everyone into agreement on the bill, which he called an “at least interim measure.”

The House advanced the bill on a voice vote with no one speaking against it. A final vote will likely come Thursday.

The bill will head to the Senate if it passes.

Doug Anstaett, director of the Kansas Press Association, said the organization was disappointed all the bill’s original provisions couldn’t be passed. But he acknowledged the changes sought by the association are complicated and he expects the rest of the proposal to be sent to the Kansas Judicial Council for further review.

Still, he is pleased a bill is advancing.

“We really wanted, at least, to go to bat for the families of victims so they’re not held in limbo when they’re trying to ascertain what happened to their loved one,” Anstaett said.

The Eagle has sued for access to footage in two cases. One dealt with a Wichita police officer who was accused of being involved in a hit-and-run accident while off duty after she allegedly had been drinking. The second case involves an Iraqi man who was handcuffed before he, his wife and 15-year-old daughter were detained and questioned by Wichita officers after the man tried to deposit a $151,000 check at Emprise Bank, 2140 N. Woodlawn, in September.

The city of Wichita denied the first request because the footage was considered criminal investigation records, though Sedgwick County District Attorney Marc Bennett has said he doesn’t plan to pursue charges.

In the second case, the city attorney says the footage does not have to be released because it was not shown at a public government meeting, It was a record of a criminal investigation and the release was only authorized to a limited list of people.

This story was originally published February 21, 2018 at 12:45 PM with the headline "Kansas lawmakers endorse deadline to view police body cam footage."