The bill, brought by GOP Rep. John Kavanagh, is an amendment to a bill proposed earlier that would have made video recordings of police without their consent illegal within 15 feet.
The bill states that making a video recording of a police action would be unlawful if “the person making the video recording does not have the permission of a law enforcement officer.”
The proposed bill does not bar individuals from video documenting police, even without their consent, in some instances.
The bill states that individuals “may record the encounter if the person is not interfering with lawful police actions, including searching, handcuffing or administering a field sobriety test. The occupant of a vehicle who is the subject of a police stop may record the encounter if the occupant is not interfering with lawful police actions.”
Constitutional First Amendment advocates note that, if passed, the bill would infringe on an individuals' rights and would limit the ability to hold police accountable.
The National Press Photographers Association has written an open letter in opposition to the proposed bill.
“We are extremely concerned that this language violates not only the free speech and press clauses of the First Amendment, but also runs counter to the ‘clearly established right’ to photograph and record police officers performing their official duties in a public place,” the letter reads.
Kavanagh, who authored the bill, is convinced of its constitutionality, saying, “I think this fully conforms with constitutionality and weighs officer safety with the citizens’ right, the public’s right, to see law enforcement officers in action.”
Unlawfully recording an officer, under the proposed bill, would be classified as a petty offense, escalated to a minor offense for continuing to record when asked to stop by a cop. It is unclear whether video documenting police actions, if illegally obtained under the proposed law, would be admissible evidence in court.
The bill passed through its committee by a vote of 7-5, with no Democratic support. It will still need to pass an Arizona House vote. The house is split 31 to 29 in favor of Republicans.