Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 300 First Substitute (2016GS)

Sponsor

Rep. McCay, D.

Final action

Governor Signed 3/30/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill provides:
• that a law enforcement agency that uses body-worn cameras worn by law enforcement officers shall have a written policy governing the use of body-worn cameras that meets or exceeds the minimum guidelines provided;
• minimum guidelines for the activation or use of body-worn cameras; and
• the prohibited uses of body-worn cameras by law enforcement officers.

Every vote on this bill

Bill text

BODY-WORN CAMERAS FOR LAW ENFORCEMENT
OFFICERS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
Senate Sponsor: 
Daniel W. Thatcher
LONG TITLE
General Description:
This bill modifies the Utah Code of Criminal Procedure to address the use of
body-worn cameras by law enforcement officers.
Highlighted Provisions:
This bill provides:
▸ that a law enforcement agency that uses body-worn cameras worn by law
enforcement officers shall have a written policy governing the use of body-worn
cameras that meets or exceeds the minimum guidelines provided;
▸ minimum guidelines for the activation or use of body-worn cameras; and
▸ the prohibited uses of body-worn cameras by law enforcement officers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-2-201
, as last amended by Laws of Utah 2013, Chapter 445
63G-2-302
, as last amended by Laws of Utah 2015, Chapters 43 and 130
ENACTS:
77-7a-101
, Utah Code Annotated 1953
77-7a-102
, Utah Code Annotated 1953
77-7a-103
, Utah Code Annotated 1953
77-7a-104
, Utah Code Annotated 1953
77-7a-105
, Utah Code Annotated 1953
77-7a-106
, Utah Code Annotated 1953
77-7a-107
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-2-201
 is amended to read:
63G-2-201.
Right to inspect records and receive copies of records.
(1) Every person has the right to inspect a public record free of charge, and the right to
take a copy of a public record during normal working hours, subject to Sections 
63G-2-203
 and
63G-2-204
.
(2) A record is public unless otherwise expressly provided by statute.
(3) The following records are not public:
(a) a record that is private, controlled, or protected under Sections 
63G-2-302
,
63G-2-303
, 
63G-2-304
, and 
63G-2-305
; and
(b) a record to which access is restricted pursuant to court rule, another state statute,
federal statute, or federal regulation, including records for which access is governed or
restricted as a condition of participation in a state or federal program or for receiving state or
federal funds.
(4) Only a record specified in Section 
63G-2-302
, 
63G-2-303
, 
63G-2-304
, or
63G-2-305
 may be classified private, controlled, or protected.
(5) (a) A governmental entity may not disclose a record that is private, controlled, or
protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section
63G-2-202
, 
63G-2-206
, or 
63G-2-303
.
(b) A governmental entity may disclose a record that is private under Subsection
63G-2-302
(2) or protected under Section 
63G-2-305
 to persons other than those specified in
Section 
63G-2-202
 or 
63G-2-206
 if the head of a governmental entity, or a designee,
determines that:
(i) there is no interest in restricting access to the record; or
(ii) the interests favoring access are greater than or equal to the interest favoring
restriction of access.
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
disclose a record that is protected under Subsection 
63G-2-305
(51) if:
(i) the head of the governmental entity, or a designee, determines that the disclosure:
(A) is mutually beneficial to:
(I) the subject of the record;
(II) the governmental entity; and
(III) the public; and
(B) serves a public purpose related to:
(I) public safety; or
(II) consumer protection; and
(ii) the person who receives the record from the governmental entity agrees not to use
or allow the use of the record for advertising or solicitation purposes.
(6) (a) The disclosure of a record to which access is governed or limited pursuant to
court rule, another state statute, federal statute, or federal regulation, including a record for
which access is governed or limited as a condition of participation in a state or federal program
or for receiving state or federal funds, is governed by the specific provisions of that statute,
rule, or regulation.
(b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter
is not inconsistent with the statute, rule, or regulation.
(7) A governmental entity shall provide a person with a certified copy of a record if:
(a) the person requesting the record has a right to inspect it;
(b) the person identifies the record with reasonable specificity; and
(c) the person pays the lawful fees.
(8) (a) In response to a request, a governmental entity is not required to:
(i) create a record;
(ii) compile, format, manipulate, package, summarize, or tailor information;
(iii) provide a record in a particular format, medium, or program not currently
maintained by the governmental entity;
(iv) fulfill a person's records request if the request unreasonably duplicates prior
records requests from that person; or
(v) fill a person's records request if:
(A) the record requested is accessible in the identical physical form and content in a
public publication or product produced by the governmental entity receiving the request;
(B) the governmental entity provides the person requesting the record with the public
publication or product; and
(C) the governmental entity specifies where the record can be found in the public
publication or product.
(b) Upon request, a governmental entity may provide a record in a particular form
under Subsection (8)(a)(ii) or (iii) if:
(i) the governmental entity determines it is able to do so without unreasonably
interfering with the governmental entity's duties and responsibilities; and
(ii) the requester agrees to pay the governmental entity for providing the record in the
requested form in accordance with Section 
63G-2-203
.
(9) (a) A governmental entity may allow a person requesting more than 50 pages of
records to copy the records if:
(i) the records are contained in files that do not contain records that are exempt from
disclosure, or the records may be segregated to remove private, protected, or controlled
information from disclosure; and
(ii) the governmental entity provides reasonable safeguards to protect the public from
the potential for loss of a public record.
(b) When the requirements of Subsection (9)(a) are met, the governmental entity may:
(i) provide the requester with the facilities for copying the requested records and
require that the requester make the copies; or
(ii) allow the requester to provide the requester's own copying facilities and personnel
to make the copies at the governmental entity's offices and waive the fees for copying the
records.
(10) (a) A governmental entity that owns an intellectual property right and that offers
the intellectual property right for sale or license may control by ordinance or policy the
duplication and distribution of the material based on terms the governmental entity considers to
be in the public interest.
(b) Nothing in this chapter shall be construed to limit or impair the rights or protections
granted to the governmental entity under federal copyright or patent law as a result of its
ownership of the intellectual property right.
(11) A governmental entity may not use the physical form, electronic or otherwise, in
which a record is stored to deny, or unreasonably hinder the rights of a person to inspect and
receive a copy of a record under this chapter.
(12) Subject to the requirements of Subsection (8), a governmental entity shall provide
access to an electronic copy of a record in lieu of providing access to its paper equivalent if:
(a) the person making the request requests or states a preference for an electronic copy;
(b) the governmental entity currently maintains the record in an electronic format that
is reproducible and may be provided without reformatting or conversion; and
(c) the electronic copy of the record:
(i) does not disclose other records that are exempt from disclosure; or
(ii) may be segregated to protect private, protected, or controlled information from
disclosure without the undue expenditure of public resources or funds.
(13) In determining whether a record is properly classified as private under Subsection
63G-2-302
(2)(d), the governmental entity, State Records Committee, local appeals board, or
court shall consider and weigh:
(a) any personal privacy interests, including those in images, that would be affected by
disclosure of the records in question; and
(b) any public interests served by disclosure.
Section 2. Section 
63G-2-302
 is amended to read:
63G-2-302.
Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
unless the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch
Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
of Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home address,
home telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 
63G-2-303
 that a current or former
employee identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
,
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) Social Security number, or last four digits of the Social Security number;
(iii) email address; or
(iv) date of birth;
(k) a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection 
20A-2-104
(4)(f) or 
20A-2-101.1
(5)(a);
(l) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information
Officer; and
(B) acts as a repository of information about the individual that can be electronically
retrieved and used to facilitate the individual's online interaction with a state agency;
(m) information provided to the Commissioner of Insurance under:
(i) Subsection 
31A-23a-115
(2)(a);
(ii) Subsection 
31A-23a-302
(3); or
(iii) Subsection 
31A-26-210
(3);
(n) information obtained through a criminal background check under Title 11, Chapter
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(o) information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
Offender Registry; and
(ii) not required to be made available to the public under Subsection 
77-41-110
(4);
(p) a statement and any supporting documentation filed with the attorney general in
accordance with Section 
34-45-107
, if the federal law or action supporting the filing involves
homeland security;
(q) electronic toll collection customer account information received or collected under
Section 
72-6-118
 and customer information described in Section 
17B-2a-815
 received or
collected by a public transit district, including contact and payment information and customer
travel data;
(r) an email address provided by a military or overseas voter under Section
20A-16-501
;
(s) a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(t) records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section 
11-49-201
, except for:
(i) the commission's summary data report that is required in Section 
11-49-202
; and
(ii) any other document that is classified as public in accordance with Title 11, Chapter
49, Political Subdivisions Ethics Review Commission;
(u) a record described in Subsection 
53A-11a-203
(3) that verifies that a parent was
notified of an incident or threat; and
(v) a criminal background check or credit history report conducted in accordance with
Section 
63A-3-201
.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status information
such as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 
63G-2-301
(2);
(ii) information provided to the governmental entity for the purpose of complying with
a financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state
that are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public disclosure if
retained by it; [
and
]
(f) any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section 
62A-3-102
, that may disclose, or lead to the discovery of, the identity of a
person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult[
.
]
; and
(g) audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for recordings that: 
(i) depict the commission of an alleged crime;
(ii) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in Section 
76-2-408
(1)(d);
or
(v) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording.
(3) (a) As used in this Subsection (3), "medical records" means medical reports,
records, statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under Section
63G-2-304
 when the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party
relies upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical
records were in the possession of a nongovernmental medical care provider.
Section 3. Section 
77-7a-101
 is enacted to read:
CHAPTER 7a. LAW ENFORCEMENT USE OF BODY-WORN CAMERAS
 77-7a-101.
Title.
This chapter is known as "Law Enforcement Use of Body-Worn Cameras."
Section 4. Section 
77-7a-102
 is enacted to read:
 77-7a-102.
Body-worn cameras -- Written policies and procedures.
(1) Any law enforcement agency that uses body-worn cameras shall have a written
policy governing the use of body-worn cameras that is consistent with the provisions of this
chapter.
(2) (a) Any written policy regarding the use of body-worn cameras by a law
enforcement agency shall, at a minimum:
(i) comply with and include the requirements in this chapter; and
(ii) address the security, storage, and maintenance of data collected from body-worn
cameras.
(b) This chapter does not prohibit a law enforcement agency from adopting body-worn
camera policies that are more expansive than the minimum guidelines provided in this chapter.
(3) This chapter does not require an officer to jeopardize the safety of the public, other
law enforcement officers, or himself or herself in order to activate or deactivate a body-worn
camera.
Section 5. Section 
77-7a-103
 is enacted to read:
 77-7a-103.
Definitions.
(1) (a) "Body-worn camera" means a video recording device that is carried by, or worn
on the body of, a law enforcement officer and that is capable of recording the operations of the
officer.
(b) "Body-worn camera" does not include a dashboard mounted camera or a camera
intended to record clandestine investigation activities.
(2) "Law enforcement agency" means any public agency having general police power
and charged with making arrests in connection with enforcement of the criminal statutes and
ordinances of this state or any political subdivision.
(3) "Law enforcement encounter" means:
(a) an enforcement stop;
(b) a dispatched call;
(c) a field interrogation or interview;
(d) use of force;
(e) execution of a warrant;
(f) a traffic stop, including:
(i) a traffic violation;
(ii) stranded motorist assistance; and
(iii) any crime interdiction stop; or
(g) any other contact that becomes adversarial after the initial contact in a situation that
would not otherwise require recording.
Section 6. Section 
77-7a-104
 is enacted to read:
 77-7a-104.
Activation and use of body-worn cameras.
(1) An officer using a body-worn camera shall verify that the equipment is properly
functioning as is reasonably within the officer's ability.
(2) An officer shall report any malfunctioning equipment to the officer's supervisor if:
(a) the body-worn camera issued to the officer is not functioning properly upon initial
inspection; or
(b) an officer determines that the officer's body-worn camera is not functioning
properly at any time while the officer is on duty.
(3) An officer shall wear the body-worn camera so that it is clearly visible to the person
being recorded.
(4) An officer shall activate the body-worn camera prior to any law enforcement
encounter, or as soon as reasonably possible.
(5) An officer shall record in an uninterrupted manner until after the conclusion of a
law enforcement encounter, except as an interruption of a recording is allowed under this
section.
(6) When going on duty and off duty, an officer who is issued a body-worn camera
shall record the officer's name, identification number, and the current time and date, unless the
information is already available due to the functionality of the body-worn camera.
(7) If a body-worn camera was present during a law enforcement encounter, the officer
shall document the presence of the body-worn camera in any report or other official record of a
contact.
(8) When a body-worn camera has been activated, the officer may not deactivate the
body-worn camera until the officer's direct participation in the law enforcement encounter is
complete, except as provided in Subsection (9).
(9) An officer may deactivate a body-worn camera:
(a) to consult with a supervisor or another officer;
(b) during a significant period of inactivity; and
(c) during a conversation with a sensitive victim of crime, a witness of a crime, or an
individual who wishes to report or discuss criminal activity if:
(i) the individual who is the subject of the recording requests that the officer deactivate
the officer's body-worn camera; and
(ii) the officer believes that the value of the information outweighs the value of the
potential recording and records the request by the individual to deactivate the body-worn
camera.
(10) If an officer deactivates a body-worn camera, the officer shall document the
reason for deactivating a body-worn camera in a written report.
Section 7. Section 
77-7a-105
 is enacted to read:
 77-7a-105.
Notice and privacy.
(1) When an officer with a body-worn camera enters a private residence, the officer
shall give notice, when reasonable under the circumstances, to the occupants of the residence
that a body-worn camera is in use either by:
(a) wearing a body-worn camera in a clearly visible manner; or
(b) giving an audible notice that the officer is using a body-worn camera.
(2) An agency shall make the agency's policies regarding the use of body-worn cameras
available to the public, and shall place the policies on the agency's public website when
possible.
Section 8. Section 
77-7a-106
 is enacted to read:
 77-7a-106.
Prohibited Activities.
An officer is prohibited from:
(1) using a body-worn camera for personal use;
(2) making a personal copy of a recording created while on duty or acting in an official
capacity as a law enforcement officer;
(3) retaining a recording of any activity or information obtained while on duty or acting
in an official capacity as a law enforcement officer;
(4) duplicating or distributing a recording except as authorized by the employing law
enforcement agency; and
(5) altering or deleting a recording in violation of this chapter.
Section 9. Section 
77-7a-107
 is enacted to read:
 77-7a-107.
Retention and release of recordings.
Any recording made by an officer while on duty or acting in the officer's official
capacity as a law enforcement officer shall be retained in accordance with applicable federal,
state, and local laws.