Sec. 5.3. (a) Except as provided in subsection (c), a public agency that is not the state or a state agency shall retain an unaltered, unobscured law enforcement recording for at least one hundred ninety (190) days after the date of the recording.
(b) Except as provided in subsection (c), a public agency that is the state or a state agency shall retain an unaltered, unobscured law enforcement recording for at least two hundred eighty (280) days after the date of the recording.
(c) A public agency shall retain an unaltered, unobscured law enforcement recording for a period longer than the period described in subsections (a) and (b) if the following conditions are met:
(1) Except as provided in subdivision (3), if a person defined as a requestor as set forth in section 5.1(a) of this chapter notifies the public agency in writing not more than:
(A) one hundred eighty (180) days (if the public agency is not the state or a state agency); or
(B) two hundred seventy (270) days (if the public agency is the state or a state agency);
after the date of the recording that the recording is to be retained, the recording shall be retained for at least two (2) years after the date of the recording. The public agency may not request or require the person to provide a reason for the retention.
(2) Except as provided in subdivision (3), if a formal or informal complaint is filed with the public agency regarding a law enforcement activity depicted in the recording less than:
(A) one hundred eighty (180) days (if the public agency is not the state or a state agency); or
(B) two hundred seventy (270) days (if the public agency is the state or a state agency);
after the date of the recording, the public agency shall automatically retain the recording for at least two (2) years after the date of the recording.
(3) If a recording is used in a criminal, civil, or administrative proceeding, the public agency shall retain the recording until final disposition of all appeals and order from the court.
(d) The public agency may retain a recording for training purposes for any length of time.
As added by P.L.58-2016, SEC.6.
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