Kentucky Police Body Camera Laws: KRS 61.168 & Access

Kentucky has no general body-camera mandate, but Senate Bill 4, passed after Breonna Taylor's 2020 death, requires specially trained teams to wear activated cameras when executing no-knock warrants. Disclosure of any footage that exists runs through KRS 61.168 and the state's Open Records Act.

This guide is part of our Police Bodycam Laws by State series.

Jurisdiction scope: This article addresses Kentucky law governing police body cameras: the narrow warrant-execution camera mandate created by Senate Bill 4, the KRS 61.168 disclosure framework, and the Kentucky Open Records Act request process. It does not address a civilian's right to record law enforcement, which is covered separately in our guide to recording laws.

Does Kentucky require police to wear body cameras?

Not in general. Kentucky has no statute requiring every officer, or even every patrol officer, to wear a body camera. Whether a department issues cameras at all, and its rules for when to turn them on, are set locally. The conditions an agency must meet to share in Law Enforcement Foundation Program funding are listed at KRS 15.440, and they cover matters like minimum pay, basic and in-service training hours, and written policy manuals on domestic violence and sexual assault examinations. A body-worn camera policy is not among them.

There is one specific, narrower mandate. Senate Bill 4, signed on April 9, 2021, a year after Breonna Taylor's death, requires that any search or arrest warrant executed without prior notice, commonly called a "no-knock" warrant, be carried out by a specially trained response team wearing activated body cameras and clearly identifying insignia. Counties with fewer than 90,000 residents can seek a court-approved exemption from the specialized-team requirement. Outside that specific warrant-execution context, Kentucky law does not require an officer to be wearing a camera during an ordinary patrol stop or call for service.

Is Kentucky bodycam footage a public record?

It can be, but access runs through the state's general open-records framework rather than a bodycam-specific open-or-closed rule. KRS 61.168, enacted in 2018 through House Bill 373, provides that disclosure, retention, and availability for viewing of body-worn camera recordings are governed by the Kentucky Open Records Act, KRS 61.870 to 61.884, and that retention itself follows the state records schedules at KRS 171.410 to 171.740, administered with the Kentucky Department for Libraries and Archives.

KRS 61.168(4) lists fourteen categories of footage a public agency may elect not to disclose. Two of the most commonly invoked carry conditions written into the text. The private-residence category covers the interior of a residence only where there is a reasonable expectation of privacy, and it falls away entirely if the legal owner or the lessee in legal possession requests in writing that release be governed solely under KRS 61.870 to 61.884. That matters for the common situation of a homeowner asking for footage recorded inside their own home. The correctional-facility category covers the interior of a facility only when disclosure would reveal details that would jeopardize the safety, security, or well-being of people in custody, facility staff, or law enforcement officers.

The other listed categories include treatment areas inside a medical, counseling, or therapeutic facility; protected health information; footage that is of a sexual nature or that contains nude images; a minor child; the body of a deceased individual; footage revealing the identity of witnesses, confidential informants, or undercover officers; the location of a domestic violence program or emergency shelter; and certain tactical footage from special response team operations.

Where a recording depicts a use of force by an officer, or an incident leading to a detention or arrest, the statute directs that disclosure is governed solely by the general Open Records Act and all of its ordinary exceptions, so such a recording gets no automatic fast-track and no automatic exemption beyond what any other law enforcement record would get.

How do you request bodycam footage under Kentucky's Open Records Act?

A written request goes to the agency's records custodian under KRS 61.870 to 61.884. As of a 2021 amendment to KRS 61.880, the agency generally must decide within five business days of receipt whether it will comply, up from the three-day deadline that applied before that change, and must notify the requester of its decision in writing.

An agency that wants to withhold footage outside the specific KRS 61.168 categories often relies on the general law enforcement exemption at KRS 61.878(1)(h), covering records compiled in detecting or investigating a violation whose release would harm a prospective law enforcement action. Kentucky courts have held that an agency cannot invoke that exemption just because an investigation is open; it must show a concrete, articulable risk of harm from releasing the specific record, not a generic concern about an ongoing case.

Can an attorney get a copy of the footage?

Sometimes, and with more than a viewing right. KRS 61.169 lets a copy of a body-worn camera recording go to an attorney who represents a person or entity directly involved in the incident shown in the footage, if the attorney is licensed to practice law in Kentucky, has not been disqualified under the statute, and executes an affidavit accepting responsibility for the recording's care and custody. That is a broader right than a member of the public gets under a standard open-records request, which may result only in an opportunity to inspect or a redacted copy.

Breonna Taylor and the missing body camera footage

On March 13, 2020, Louisville Metro Police officers executed a warrant at Breonna Taylor's apartment and fatally shot her during the encounter. Sergeant Jonathan Mattingly, Detective Myles Cosgrove, and Detective Brett Hankison, the officers who forced entry, were members of LMPD's Criminal Interdiction Division, a narcotics unit that had not issued body cameras to its detectives. None of the three were wearing one that night.

The absence of footage became a defining fact of the case and a national flashpoint, feeding directly into the push for Senate Bill 4. The law that resulted does not require every Kentucky officer to wear a camera, but it specifically closes the gap that existed in Taylor's case: any team executing a no-knock warrant must now wear activated cameras and display visible identification.

Is it illegal to record police in Kentucky?

That is a separate question from the one this page addresses. Kentucky generally recognizes a person's right to record an on-duty officer performing public duties in a public place. For a full explanation of that right and how it differs from the rules on police-generated bodycam footage discussed here, see Is It Illegal to Record Someone?

More Kentucky Laws

• Kentucky Data Privacy Laws
• Kentucky Drone Laws
• Kentucky Recording Laws

Frequently Asked Questions

Does Kentucky require police officers to wear body cameras?

Not in general. Kentucky has no statewide mandate for ordinary patrol officers, and the Law Enforcement Foundation Program funding conditions at KRS 15.440 do not require a body-worn camera policy. The one specific requirement is for specially trained teams executing a no-knock warrant, who must wear activated cameras under Senate Bill 4 (2021).

Is police bodycam footage a public record in Kentucky?

It can be. KRS 61.168 routes disclosure through the Kentucky Open Records Act, while letting an agency elect not to disclose fourteen listed categories, such as footage showing a private residence's interior where there is a reasonable expectation of privacy, a deceased person, or a minor.

What is Kentucky's Breonna's Law?

The name commonly refers to Senate Bill 4 (2021), which limits no-knock warrants statewide and requires any specialized team executing one to wear activated body cameras. It followed the March 2020 killing of Breonna Taylor, whose officers were not wearing cameras.

How long does a Kentucky agency have to respond to an open-records request for bodycam footage?

Generally five business days from receipt of the request, under a 2021 amendment to KRS 61.880 that extended the prior three-day deadline.

Can I get bodycam footage recorded inside my own home?

The private-residence ground in KRS 61.168(4)(a) is not absolute. It applies only where there is a reasonable expectation of privacy, and it does not apply at all if the legal owner or the lessee in legal possession of the residence requests in writing that release be governed solely under the Open Records Act at KRS 61.870 to 61.884.

Can my attorney get a copy of Kentucky bodycam footage?

Yes, if the attorney represents a person directly involved in the incident, is licensed in Kentucky, is not disqualified, and signs an affidavit accepting responsibility for the recording's custody, under KRS 61.169.

Is bodycam footage of a police use of force treated differently in Kentucky?

No special fast-track exists. KRS 61.168 provides that use-of-force recordings are disclosed under the same general Open Records Act exceptions that apply to any other law enforcement record.

Is it illegal to record on-duty police in Kentucky?

No, recording an on-duty officer performing public duties in a public place is generally protected. That is a separate question from public access to police-recorded bodycam footage covered on this page.