Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 265 Second Substitute (2018GS)

Sponsor

Rep. McCay, D.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that recordings made by law enforcement officers while wearing a body-worn camera may not be retained by a private entity if the private entity has authority to withhold the recording or prevent access or disclosure of the recording; and
• makes technical changes.

Every vote on this bill

Bill text

BODY CAMERA AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill amends the Utah Criminal Code regarding the retention of recordings made by
law enforcement officers wearing a body-worn camera.
Highlighted Provisions:
This bill:
▸ provides that recordings made by law enforcement officers while wearing a
body-worn camera may not be retained by a private entity if the private entity has
authority to withhold the recording or prevent access or disclosure of the recording;
and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-7a-107
, as last amended by Laws of Utah 2017, Chapter 294
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-7a-107
 is amended to read:
77-7a-107.
Retention and release of recordings.
(1) 
(a)
 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.
(b) Any recording made by an officer while on duty or acting in the officer's official
capacity as a law enforcement officer may not be retained, electronically or otherwise, by a
private entity if the private entity has any authority to:
(i) withhold the recording; or
(ii) prevent the political subdivision from accessing or disclosing the recording.
(c) (i) Notwithstanding Subsection (1)(b), a political subdivision may continue to retain
a recording in a manner prohibited under Subsection (1)(b) if the political subdivision is under
contract with a private entity on May 7, 2018, and the contract includes terms prohibited by
Subsection (1)(b).
(ii) A political subdivision may not renew a contract described in Subsection (1)(c)(i).
(d) This Subsection (1) does not prohibit a political subdivision from using a private
entity's retention or redaction service if the private entity does not have authority to:
(i) withhold the recording; or
(ii) prevent the political subdivision from accessing or disclosing the recording.
(2) (a) Any release of recordings made by an officer while on duty or acting in the
officer's official capacity as a law enforcement officer shall be subject to Title 63G, Chapter 2,
Government Records Access and Management Act.
(b) Notwithstanding any other provision in state or local law, a person who requests
access to the recordings may immediately appeal to a district court, as provided in Section
63G-2-404
, any denial of access to a recording based solely on Subsection 
63G-2-305
(10)(b) or
(c) due to a pending criminal action that has been filed in a court of competent jurisdiction.