Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 339 (2025GS)

Sponsor

Rep. Gwynn, Matthew H.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• exempts a law enforcement officer who wears a body-worn camera and is a part of a narcotics unit or task force from certain requirements relating to the activation and use of the body-worn camera; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

9
77-7a-101
77-7a-104
77-7a-101
77-7a-104
4
Law Enforcement Investigation Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill addresses the activation and use of body-worn cameras by law enforcement 
officers.
Highlighted Provisions:
This bill:
exempts a law enforcement officer who wears a body-worn camera and is a part of a 
narcotics unit or task force or engaged in an undercover operation from certain 
requirements relating to the activation and use of the body-worn camera; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-7a-104
, as last amended by Laws of Utah 2020, Chapter 404
REPEALS:
77-7a-101
, as enacted by Laws of Utah 2016, Chapter 410
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
77-7a-104
 is amended to read:
77-7a-104
. Activation and use of body-worn cameras.
(1)
As used in this section:
(a)
"Health care facility" means the same as that term is defined in Section 
78B-3-403
.
(b)
"Health care provider" means the same as that term is defined in Section 
78B-3-403
.
(c)
"Hospital" means the same as that term is defined in Section 
78B-3-403
.
(d)
"Human service program" means the same as that term is defined in Section 
26B-2-101
.
(2)
Except as provided in Subsection 
(5)
, an officer using a body-worn camera:
(1)
(a)
An officer using a body-worn camera 
shall verify that the equipment is 
properly functioning as is reasonably within the officer's ability
.
;
(2)
(b)
An officer 
shall report any malfunctioning equipment to the officer's 
supervisor if:
(a)
(i)
the body-worn camera issued to the officer is not functioning properly upon 
initial inspection; or
(b)
(ii)
an 
the 
officer determines that the officer's body-worn camera is not 
functioning properly at any time while the officer is on duty
.
;
(3)
(c)
An officer 
shall wear the body-worn camera so that it is clearly visible to the 
person
individual
 being recorded
.
;
(4)
(d)
An officer 
shall activate the body-worn camera prior to any law enforcement 
encounter, or as soon as reasonably possible
.
;
(5)
(e)
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)
(f)
When
shall, 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)
(g)
If a
shall, if the
 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)
(h)
When a 
except as provided in Subsection 
(2)
(i), when the 
body-worn camera 
has been activated
, the officer may not deactivate the
 during the officer's direct 
participation in a law enforcement encounter, keep the
 body-worn camera
 activated
until the officer's direct participation in the law enforcement encounter is complete
, 
except as provided in Subsection 
(9)
.
;
(9)
(i)
An officer 
may deactivate 
a
the
 body-worn camera:
(a)
(i)
to consult with a supervisor or another officer;
(b)
(ii)
during a significant period of inactivity;
(c)
(iii)
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)
(A)
the individual who is the subject of the recording requests that the officer 
deactivate the officer's body-worn camera; and
(ii)
(B)
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; or
(d)
(iv)
during a conversation with a victim of a sexual offense, as described in 
Title 
76, Chapter 5, Part 4, Sexual Offenses
, or domestic violence, as defined in Section 
77-36-1
, if:
(i)
(A)
the officer is conducting an evidence-based lethality assessment;
(ii)
(B)
the victim or the officer believes that deactivating the body-worn camera 
recording
:
(A)
will encourage complete and accurate information sharing by the victim
;
,
or
(B)
is necessary to protect the safety or identity of the victim; and
(iii)
(C)
the officer's body-worn camera is reactivated as soon as reasonably 
possible after the evidence-based lethality assessment is complete
.
;
(10)
(j)
If an
shall, if the
 officer deactivates or fails to activate 
a
the
 body-worn 
camera in violation of this section, 
the officer shall 
document
 in a written report
 the 
reason for deactivating or for failing to activate 
a
the
 body-worn camera
 in a 
written report.
; and
(11)
(a)
For purposes of this Subsection 
(11)
:
(i)
"Health care facility" means the same as that term is defined in Section 
78B-3-403
.
(ii)
"Health care provider" means the same as that term is defined in Section 
78B-3-403
.
(iii)
"Hospital" means the same as that term is defined in Section 
78B-3-403
.
(iv)
"Human service program" means the same as that term is defined in Section 
26B-2-101
.
(b)
(k)
An officer 
may not activate a body-worn camera in a hospital, health care 
facility, human service program, or the clinic of a health care provider, except during 
a law enforcement encounter, and with notice under Section 
77-7a-105
.
(12)
(3)
A violation of this section may not serve as the sole basis to dismiss a criminal 
case or charge.
(13)
(4)
Nothing in this 
This 
section 
precludes
does not preclude
 a law enforcement 
agency from establishing internal agency policies for an officer's failure to comply with 
the requirements of this section. 
(5)
Subsections (2)(c), (d), (e), (g), (h), and (j) do not apply to an officer who:
(a)
is assigned to a narcotics unit or task force that is engaged primarily in narcotics 
investigations; or
(b)
is engaged in an undercover operation.
Section 2, 
Repealer.
Title.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 12:16 PM