{"data":{"id":"us-ky/krs-61.169","jurisdiction":"us-ky","citation":"KRS 61.169","heading":"Attorney representing person or entity involved in body -worn camera","body":"recording incident -- Right to view copy of recording -- Limitations --\nSanctions.\n(1) Subject to the provisions of KRS 61.870 to 61.884 and the following requirements,\na copy o f a recording that may be viewed under KRS 61.168(5)(d) shall, upon\nrequest, be made for and provided to an attorney that:\n(a) Is licensed to practice law in the Commonwealth of Kentucky;\n(b) Represents the person or entity that is directly involved in th e incident\ncontained in the body-worn camera recording;\n(c) Has not been disqualified under subsection (3) of this section; and\n(d) Executes an affidavit in support of limited release regarding the attorney's\nresponsibility for the care and custody of th e copy of the recording that\nspecifically stipulates that he or she:\n1. Will only use the recording for the sole purposes of evaluating or\npreparing for an existing or potential court case or administrative\nproceeding or in consulting with insurance companies on matters related\nto insurance coverage of incidents that are depicted in the recording;\n2. Will not distribute duplicate copies of the recording except for the sole\npurpose of having an expert or other professional consultant provide\nanalysis to the attorney for the purposes of evaluating or preparing for an\nexisting or potential court case or administrative proceeding or with an\ninsurance company for the purposes of accessing claims coverage,\nsettlement, or other matters involving an insurance contract;\n3. Will execute a contract with any expert, professional consultant, or\ninsurance company that is provided a duplicate copy of the recording\npursuant to this paragraph that requires the expert or professional\nconsultant to be bound by the same limitat ions and requirements as the\nattorney for the care and custody of the recording as required by this\nparagraph;\n4. Will not allow individuals or others that are not under the attorney's\ncontrol or supervision the ability to view the contents of the recordi ng in\nany form except for the sole purpose of preparation for an existing or\npotential court or administrative proceeding, communications regarding\nmatters related to insurance, or for the purposes of displaying the\nrecording as evidence in any court or administrative proceeding;\n5. Will destroy any copy of the recording when the recording is no longer\nused for the purposes of this section or the court or administrative\nproceeding has been finally adjudicated to its conclusion; and\n6. Acknowledges that as an officer of the court, he or she may be subject to\nprofessional discipline or other legal liability for a breach of an affidavit\nexecuted under this section.\n(2) If an attorney violates an affidavit executed under subsection (1) of this section, the\npublic agency shall refer the matter to the Kentucky Bar Association for it to\nconsider any appropriate action under the Kentucky Rules of Professional Conduct.\nThe public agency may take any additional legal action against an attorney for such\na violation.\n(3) Any attorney who has been disciplined under the Rules of Professional Conduct or\nhas otherwise been found by a court of law to have violated an affidavit executed\nunder subsection (1) of this section shall be disqualified from making any\nsubsequent requests for copies of recordings under the provisions of this section.\n(4) A public agency that produces a copy of a recording pursuant to this section may\ntreat the request for the recording as a commercial request and charge a reasonable\nfee for the costs of production as authorized under KRS 61.874(4)(c).","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47988","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:14Z","sha256":"851c36c63332322ddc3a7abecee65e17545ac4c77153136ead58ae7d06599190","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.168","next":"us-ky/krs-61.170"},"notice":"GroundRules: Original legal text. Not legal advice."}