A new Alabama law that took effect on October 1, 2025, fundamentally changes how law enforcement agencies handle body camera footage requests, creating significant implications for personal injury attorneys, civil rights advocates, and citizens seeking justice.
House Bill written by State Representative Juandalynn Givan establishes clear procedures for when and how body camera video can be released—or withheld—potentially affecting everything from police misconduct cases to accident investigations.
Understanding the New Body Camera Law
The legislation designates the agency with physical custody of body camera video as the “custodial” agency, though custody can be transferred between agencies during investigations.
This provision became immediately relevant when the Homewood Police Department transferred body camera footage from the Jabari Peoples case to the Alabama Law Enforcement Agency over the summer.
“That happens in cases where there are independent investigations where the law enforcement agency can say to the prosecutors, ‘I’m passing it on to you,'” Rep. Givan explained, highlighting how agencies can shift responsibility for footage during ongoing investigations.
Key provisions of the new law include:
- Custody Designation: The agency physically holding the footage controls its release.
- Transfer Authority: Custody can be transferred to other law enforcement or prosecutorial agencies.
- Investigation Protection: Agencies may withhold footage if release would disrupt ongoing investigations.
- Family Access: Families of involved parties may view footage even when public release is restricted.
These provisions create a framework that balances transparency with investigative needs.
Impact on Personal Injury Cases
For personal injury attorneys, the new body camera law presents both opportunities and challenges when representing clients injured in incidents involving law enforcement:
- Traffic Accident Investigations: Body camera footage often captures crucial evidence in vehicle accidents where police respond, including witness statements, road conditions, and initial assessments of fault.
- Excessive Force Claims: In cases alleging police brutality or excessive force, body camera footage provides critical evidence of officer conduct and victim injuries.
- Premises Liability: When police respond to accidents on commercial or private property, their body cameras may document hazardous conditions relevant to premises liability claims.
- Witness Credibility: Footage can verify or contradict witness accounts, significantly impacting case outcomes.
The law’s provision allowing agencies to withhold footage during ongoing investigations could delay access to crucial evidence in civil cases.
Navigating Video Release Procedures
The new law establishes specific procedures for requesting body camera footage that attorneys and citizens must understand:
- Initial Request: Submit formal requests to the custodial agency holding the footage.
- Agency Response: Agencies must determine whether releasing footage would disrupt investigations.
- Transfer Tracking: If custody transfers, requesters must identify the current custodial agency.
- Denial Appeals: When agencies deny releases citing ongoing investigations, requesters may need to challenge these decisions.
Understanding these procedures helps ensure timely access to evidence crucial for civil cases.
The Jabari Peoples Case Example
The Homewood Police Department’s handling of the Jabari Peoples case illustrates how the new law operates in practice.
After their investigation concluded, the department cited Alabama Title 36-21-212 when advised not to release footage publicly.
However, the Jefferson County District Attorney’s Office showed the footage to Peoples’ family members, demonstrating how the law permits limited access even when public release is restricted.
This case highlights important distinctions:
- Family Access vs. Public Release: Families may view footage even when public release would violate state law.
- Investigation Timelines: Agencies can cite ongoing investigations to delay release indefinitely.
- Advisory Opinions: Legal counsel may advise against release even after investigations conclude.
- Prosecutorial Discretion: District attorneys maintain significant control over footage access.
These nuances significantly impact how attorneys pursue cases involving police footage.
Challenges for Civil Litigation
Rep. Givan acknowledged potential delays the law could create: “If I asked the question, and then you go out there while it’s being investigated with all these accusations.
It’s going to delay the process. Then that agency, which might have been at the point of closing the file, now has to go back and backtrack.”
This creates several challenges for civil cases:
- Evidence Delays: Critical footage may remain inaccessible during lengthy criminal investigations.
- Statute of Limitations: Alabama’s two-year personal injury statute of limitations doesn’t pause for footage delays.
- Discovery Disputes: Courts must balance investigative needs against civil litigants’ discovery rights.
- Strategic Withholding: Agencies might cite investigations to avoid releasing damaging footage.
Attorneys must develop strategies to overcome these obstacles while protecting clients’ rights.
Protecting Your Rights Under the New Law
Individuals involved in incidents captured on body cameras should take specific steps to protect their interests:
- Document Everything: Create detailed written accounts immediately after incidents occur.
- Identify Witnesses: Collect contact information from anyone who observed the incident.
- Preserve Evidence: Take photographs of injuries, property damage, and scene conditions.
- Request Footage Promptly: Submit formal requests as soon as possible to establish timelines.
- Consult Legal Counsel: Experienced attorneys can navigate the new procedures effectively.
- Monitor Transfers: Track if footage custody transfers between agencies.
Taking these steps helps ensure access to crucial evidence despite potential delays.
Strategic Considerations for Attorneys
Legal practitioners must adapt strategies to work within the new framework:
- Early Intervention: File preservation letters immediately to prevent footage deletion.
- Multiple Requests: Submit requests to all potentially involved agencies.
- Family Cooperation: Work with families who may have viewing access before public release.
- Court Intervention: Seek judicial orders when agencies improperly withhold footage.
- Alternative Evidence: Develop cases using other evidence when footage remains unavailable.
These strategies help overcome obstacles the new law creates.
Moving Forward with Body Camera Evidence
Alabama’s new body camera law reflects the ongoing balance between transparency and investigative integrity. While the law provides important protections for ongoing investigations, it also creates potential barriers for citizens seeking justice through civil litigation.
Understanding these procedures and working with experienced counsel becomes crucial for anyone whose case may involve body camera evidence.
The Jabari Peoples case demonstrates both the law’s protections and limitations—families gained access to view footage while public release remained restricted.
This precedent suggests that persistence and proper legal representation can overcome some barriers the law creates.
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