[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 298 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. CON. RES. 298

Expressing the sense of Congress that the videotaping or photographing 
  of police engaged in potentially abusive activity in a public place 
          should not be prosecuted in State or Federal courts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2010

  Mr. Towns submitted the following concurrent resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of Congress that the videotaping or photographing 
  of police engaged in potentially abusive activity in a public place 
          should not be prosecuted in State or Federal courts.

Whereas prosecutors in several States are applying State wiretapping laws in the 
        prosecution of individuals for the videotaping of police engaged in 
        potentially abusive activity;
Whereas State and Federal wiretapping laws were not intended to be used for such 
        charges;
Whereas some police departments have been using national security as a 
        justification for the harassment, charges, or an arrest of individuals, 
        based solely on a citizen recording, with no additional factors 
        considered;
Whereas a study conducted by the U.S. Department of Justice in 2000 indicated 
        that 22 percent of police officers claim their fellow officers 
        sometimes, often, or always use excessive force; and
Whereas the privacy and safety rights of the police officers in the line of duty 
        must be balanced carefully with the public's right to transparency and 
        accountability of public servants: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) citizen recording fills in gaps in existing checks 
        against law enforcement abuses, when balanced with the needs of 
        law enforcement, police privacy, and citizen privacy;
            (2) national security alone is insufficient justification 
        for harassment, charges, or an arrest for otherwise innocent 
        behavior, such as videotaping; and
            (3) members of the public have a right to observe, and if 
        they choose, to make video or sound recordings of the police 
        during the discharge of their public duties, as long as they do 
        not physically or otherwise interfere with the officers' 
        discharge of their duties, or violate any other State or 
        Federal law, intended to protect the safety of police officers, 
        in the process of the recording.
                                 <all>