OLR Report 2013-R-0364 describes states' laws that directly address the disclosure of crime scene photographs, autopsy reports, and 911 tapes and transcripts.
OLR conducted a 50-state survey and found (1) nine states that have laws directly addressing the disclosure of crime scene photos, (2) 26 states with laws directly addressing the disclosure of autopsy reports, and (3) 16 states with laws directly addressing the disclosure of 911 tapes, seven of which directly address the disclosure of 911 transcripts. Generally, the laws restrict the disclosure of the above records to certain entities (e.g., next of kin), but in some cases, particularly for autopsy reports and 911 transcripts, they specify that the records, or certain information in the records, are available to the public. Additionally, some laws give an agency discretion to release the record to entities other than those specified in the statute.
While this report identifies statutes that directly address these particular records, their disclosure may also be limited by provisions in state law that apply to general categories of records. For example, most states exempt from disclosure law enforcement investigatory records, and some have statutes prohibiting disclosure of a record when disclosure would invade a person's privacy. Whether a particular document can be withheld under these exemptions in a particular state will depend on the circumstances. Similarly, the disclosure of these records in other states may also be governed by case law, which the report does not addres.
The report covers only statutes that directly address access to crime scene photographs, autopsy reports, and 911 tapes and transcripts. In some cases, these statutes specifically address access by law enforcement, prosecutors, and emergency responders. But even if these entities do not derive authority to access these records under the statutes this report covers, they presumably derive it under other statutes when necessary to perform their duties.
For more information, read the full report.
