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SB 2083

AN ACT to create and enact a new subsection to section 44-04-18.7 of the North Dakota Century Code, relating to the designation of a sensitive image as an exempt record; and to amend and reenact section 44-04-17.1 of the North Dakota Century Code, relating to the definition of a sensitive image.

69th Legislative Assembly (2025-26)

SB 2083 narrows public access to certain images by making 'sensitive images' (nude parts, gruesome injuries, deceased, minors) exempt; sunset repeal on June 30, 2025.

Filed with Secretary Of State 03/14
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WeVote Research Nonpartisan
Bill Summary · SB 2083

Summary — SB 2083 (North Dakota) — Sensitive Images / Exempt Records

Status: Filed with Secretary of State March 14, 2025. Introduced by the Judiciary Committee (at the request of the Highway Patrol). Committee report and engrossed versions available; Amendment No. 1 (adopted) adds a sunset (repeal) date of June 30, 2025.

Purpose / Intent

SB 2083 narrows public access to certain images held by public entities by expressly classifying “sensitive images” as exempt records under the public records/open meetings chapters of the North Dakota Century Code. The sponsor (Highway Patrol) frames the change as protecting privacy and dignity of victims and minors, and avoiding release of gruesome crash or body‑camera images.

Key provisions

  • Amends NDCC 44‑04‑17.1 (definitions) to add a definition of “sensitive image”:
    • An image depicting any of the following:
    • an exposed intimate part;
    • a gruesome injury;
    • a deceased individual; or
    • a minor.
  • Amends subsection 9 of NDCC 44‑04‑18.7 (exempt records related to criminal intelligence/investigation) to clarify that images taken with a body camera or similar device are exempt records when they contain:
    • nude or partially denuded human figures (per NDCC 12.1‑27.1‑03.1),
    • an individual with serious bodily injury (per NDCC 12.1‑01‑04),
    • a deceased individual;
    • also preserves exemption for images taken in a private place.
  • Creates a new section (Crash scene images — Exempt) specifying that an image of an individual from a crash scene or incident is an exempt record if it contains:
    • nude or partially denuded figures,
    • an individual with serious bodily injury,
    • a deceased individual, or
    • a minor.
  • Amendment adopted: adds a sunset clause — the added exemption(s) “shall stand repealed on June 30, 2025.” (i.e., temporary authorization unless extended).

Who is affected

  • Law enforcement and other public entities that create or hold body‑worn camera footage, crash scene photos, or other official images.
  • Members of the public, journalists, and researchers who request public records: access to images meeting the “sensitive image” criteria would be discretionary/withheld as exempt.
  • Victims and families (privacy protections); investigators (limits on compelled/public release).

Practical effect / considerations

  • Broadly restricts routine public disclosure of graphic or intimate images from crashes and law enforcement body cameras by making such images exempt records.
  • The definition explicitly includes minors and deceased individuals, which tightens protections for those groups.
  • Because the exemption is statutory and (per amendment) time‑limited to June 30, 2025, its effect may be temporary unless the Legislature extends or reenacts it.
  • May reduce public transparency in particular cases (e.g., high‑profile incidents) while increasing privacy protections for victims; could affect litigation and records requests (courts may interpret exemptions in disputes).

Procedural notes / history (selected)

  • Introduced by Judiciary Committee (at Highway Patrol request).
  • Committee report and first engrossed text adopt the changes described.
  • Amendment No. 1 (adopted) inserts a repeal date of June 30, 2025.
  • Bill filed with the Secretary of State on March 14, 2025 (per bill record).

If you want, I can:
- Extract and display the exact statutory substitution language side‑by‑side with current NDCC text; or
- Draft a one‑page memo on likely litigation or administrative issues claimants/requestors might raise under the new exemption.

Compiled from official sources — confirm details with the bill’s official record.

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