Model Legislation & Policy Language

RESOLUTION NO. [NUMBER]

A RESOLUTION OF THE [CITY/TOWN/COUNTY] OF [JURISDICTION NAME]
EXPRESSING OPPOSITION TO FULL ENCRYPTION OF POLICE RADIO
COMMUNICATIONS AND SUPPORTING PUBLIC ACCESS TO NON-SENSITIVE
POLICE DISPATCH INFORMATION

WHEREAS, the [City/Town/County] of [Jurisdiction Name] is committed to
transparency, accountability, and public trust in law enforcement; and

WHEREAS, public access to police radio communications has existed for
over seven decades, enabling community awareness of public safety
incidents, independent oversight of police activities, and real-time
emergency alerts for residents; and

WHEREAS, police scanner access has documented public safety value,
including during the Highland Park, Illinois mass shooting on July 4,
2022, when open scanner access enabled residents to take protective
action and locate family members before official alerts were issued; and

WHEREAS, research by the Radio Television Digital News Association
(RTDNA), the Society of Professional Journalists (SPJ), and other
journalism organizations has found that police radio encryption
significantly impairs the ability of news media to report on public
safety incidents, reducing government accountability; and

WHEREAS, there is no documented evidence that public scanner access
has caused harm to law enforcement officers or compromised legitimate
police operations; and

WHEREAS, the claimed benefits of encryption—including officer safety
and victim privacy—can be achieved through less restrictive means
such as hybrid radio systems that encrypt only sensitive tactical
channels while maintaining open dispatch communications; and

WHEREAS, full encryption of police communications eliminates the
ability of the public to independently verify police accounts of
incidents, reducing accountability and potentially enabling misconduct; and

WHEREAS, communities across the nation have successfully maintained
public safety while preserving open police communications, demonstrating
that transparency and safety are not mutually exclusive; and

WHEREAS, the cost of implementing and maintaining encrypted radio
systems represents a significant expenditure of public funds, estimated
at $[AMOUNT] for initial implementation and $[AMOUNT] annually for
ongoing maintenance, with no demonstrated return on investment;

NOW, THEREFORE, BE IT RESOLVED by the [City Council/Board of
Supervisors/Governing Body] of the [City/Town/County] of [Jurisdiction
Name] as follows:

Section 1. The [Governing Body] hereby expresses its opposition to
the implementation of full encryption of [Police Department] radio
communications that would eliminate public access to dispatch and
patrol communications.

Section 2. The [Governing Body] supports a hybrid approach to police
radio communications that:
   (a) Maintains open, publicly accessible dispatch and patrol channels
       for routine police communications;
   (b) Allows encryption of specific tactical channels for legitimate
       sensitive operations including SWAT operations, undercover
       activities, and active hostage situations;
   (c) Preserves the ability of news media, emergency responders, and
       the public to monitor police activities in real-time.

Section 3. The [Governing Body] directs the [Police Chief/City Manager]
to:
   (a) Provide a written report within 60 days detailing any current
       encryption plans, associated costs, and alternatives considered;
   (b) Conduct a public hearing before any implementation of encryption
       that would reduce public access to police communications;
   (c) Consult with local news media organizations, civil liberties
       groups, and community stakeholders before making changes to
       radio communication policies.

Section 4. The [Governing Body] affirms its commitment to police
transparency and accountability as essential elements of democratic
governance and community trust.

Section 5. Copies of this Resolution shall be transmitted to the
[Police Chief], [City Manager], local news media organizations, and
the [State Press Association].

PASSED AND ADOPTED by the [Governing Body] of the [City/Town/County]
of [Jurisdiction Name] this [DAY] day of [MONTH], [YEAR].

_______________________________
[Mayor/Chair/Presiding Officer]

ATTEST:

_______________________________
[City Clerk/Secretary]

[STATE] POLICE COMMUNICATIONS TRANSPARENCY ACT

AN ACT relating to public access to police radio communications;
requiring law enforcement agencies to maintain public access to
dispatch communications; providing exceptions; providing penalties;
and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:

SECTION 1. SHORT TITLE

This Act may be cited as the "[State] Police Communications
Transparency Act."

SECTION 2. LEGISLATIVE FINDINGS AND PURPOSE

(a) The Legislature finds that:
    (1) Public access to police radio communications serves vital
        functions in a democratic society, including enabling
        independent oversight of law enforcement, providing real-time
        emergency information to the public, and facilitating
        accurate news reporting on matters of public concern;
    (2) For over seven decades, members of the public have legally
        monitored police radio communications, contributing to
        community safety and government accountability;
    (3) The increasing trend toward encryption of police radio
        communications threatens these democratic values without
        demonstrated public safety benefit;
    (4) Law enforcement agencies can protect legitimate operational
        security needs through targeted encryption of sensitive
        tactical communications without eliminating public access
        to routine dispatch communications;
    (5) Statewide standards are necessary to ensure consistent
        public access across all jurisdictions.

(b) The purpose of this Act is to preserve public access to police
    radio communications while providing reasonable exceptions for
    legitimate law enforcement operational needs.

SECTION 3. DEFINITIONS

As used in this Act:

(a) "Dispatch communications" means radio communications between
    dispatchers and law enforcement officers relating to calls
    for service, officer assignments, incident status, and
    routine patrol activities.

(b) "Encryption" means the use of technology to render radio
    communications unintelligible to persons without authorized
    decryption capability, including but not limited to digital
    encryption, scrambling, and trunked radio systems that
    prevent public monitoring.

(c) "Law enforcement agency" means any state, county, municipal,
    or other governmental agency employing peace officers,
    including but not limited to police departments, sheriff's
    offices, state police, and campus police departments.

(d) "Sensitive tactical communications" means communications
    directly relating to:
    (1) Active tactical operations where officer safety would
        be immediately endangered by public disclosure;
    (2) The identity or location of undercover officers;
    (3) Witness protection operations;
    (4) Active hostage or barricade situations during the
        tactical response phase;
    (5) Specific surveillance targets in ongoing investigations.

SECTION 4. PUBLIC ACCESS REQUIREMENTS

(a) General Requirement. Every law enforcement agency in this
    state shall maintain at least one radio frequency or channel
    for dispatch communications that is accessible to members
    of the public using commercially available radio scanning
    equipment without encryption, delay, or other technological
    barriers to real-time monitoring.

(b) Minimum Access. The publicly accessible frequency or channel
    shall include, at minimum:
    (1) Dispatch of officers to calls for service;
    (2) Initial incident reports and status updates;
    (3) Officer location and availability information;
    (4) Traffic stops and enforcement activities;
    (5) Emergency notifications and alerts.

(c) Prohibited Actions. No law enforcement agency shall:
    (1) Implement encryption of all radio communications;
    (2) Implement encryption of dispatch communications;
    (3) Implement systems that delay public access to dispatch
        communications by more than five (5) minutes;
    (4) Use trunked radio systems in a manner that prevents
        public monitoring of dispatch communications;
    (5) Take other actions designed or intended to eliminate
        public access to routine police communications.

SECTION 5. EXCEPTIONS

(a) Permitted Encryption. A law enforcement agency may encrypt
    radio communications that constitute sensitive tactical
    communications as defined in Section 3(d), provided that:
    (1) Encryption is limited to dedicated tactical channels
        used exclusively for sensitive operations;
    (2) Dispatch communications remain publicly accessible;
    (3) The agency documents the justification for encryption
        of each tactical channel.

(b) Mobile Data. This Act does not require public access to
    mobile data terminal (MDT) communications or computer-aided
    dispatch (CAD) data transmissions containing personal
    identifying information protected by other state or
    federal law.

(c) Federal Requirements. This Act does not prevent compliance
    with federal law or regulations requiring encryption of
    specific communications, provided that the agency maintains
    public access to dispatch communications to the maximum
    extent permitted by federal law.

SECTION 6. ENFORCEMENT

(a) Complaint Process. Any person may file a complaint with the
    [State Attorney General/appropriate agency] alleging a
    violation of this Act. The [Attorney General] shall
    investigate complaints and may issue orders requiring
    compliance.

(b) Civil Action. Any person aggrieved by a violation of this
    Act may bring a civil action in [appropriate court] for:
    (1) Declaratory relief;
    (2) Injunctive relief;
    (3) Actual damages or statutory damages of $[1,000] per
        day of violation, whichever is greater;
    (4) Reasonable attorney's fees and costs.

(c) No Immunity. A law enforcement agency shall not be entitled
    to sovereign immunity or governmental immunity as a defense
    to an action under this section.

SECTION 7. REPORTING

(a) Annual Report. Each law enforcement agency shall submit an
    annual report to the [Legislature/oversight body] describing:
    (1) The agency's radio communication systems and policies;
    (2) Any use of encryption and the justification therefor;
    (3) Costs associated with radio communication systems;
    (4) Any complaints regarding public access.

(b) Statewide Summary. The [Attorney General/oversight agency]
    shall compile a statewide summary of agency reports and
    submit an annual report to the Legislature assessing
    compliance with this Act.

SECTION 8. EXISTING SYSTEMS

(a) Compliance Timeline. Law enforcement agencies with radio
    systems that do not comply with this Act as of the
    effective date shall come into compliance within
    [12/18/24] months.

(b) Waiver. The [Attorney General] may grant a temporary
    waiver of up to [12] additional months for agencies
    demonstrating good faith efforts to achieve compliance
    where technical or financial constraints prevent
    immediate compliance.

SECTION 9. SEVERABILITY

If any provision of this Act or its application to any person
or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this Act which
can be given effect without the invalid provision or
application.

SECTION 10. EFFECTIVE DATE

This Act takes effect on [DATE/upon passage].