(a) Determination.-- Except as provided in this section, if a law enforcement agency determines that an audio recording or video recording contains potential evidence in a criminal matter, information pertaining to an investigation or a matter in which a criminal charge has been filed, confidential information or victim information and the reasonable redaction of the audio or video recording would not safeguard potential evidence, information pertaining to an investigation, confidential information or victim information, the law enforcement agency shall deny the request in writing. The written denial shall state that reasonable redaction of the audio recording or video recording will not safeguard potential evidence, information pertaining to an investigation, confidential information or victim information. (b) Agreement.-- A law enforcement agency may enter into a memorandum of understanding with the Attorney General or the district attorney with jurisdiction to: (1) ensure consultation regarding the reviewing of audio recordings or video recordings in order to make a determination; or (2) require the Attorney General or district attorney with jurisdiction to issue a denial permitted under subsection (a).
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