8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Code of Criminal Procedure to address the use of
11 body-worn cameras by law enforcement officers.
12 Highlighted Provisions:
13 This bill provides:
14 ▸ that a law enforcement agency that uses body-worn cameras worn by law
15 enforcement officers shall have a written policy governing the use of body-worn
16 cameras that meets or exceeds the minimum guidelines provided;
17 ▸ minimum guidelines for the activation or use of body-worn cameras; and
18 ▸ the prohibited uses of body-worn cameras by law enforcement officers.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 63G-2-201, as last amended by Laws of Utah 2013, Chapter 445
26 63G-2-302, as last amended by Laws of Utah 2015, Chapters 43 and 130
28 77-7a-101, Utah Code Annotated 1953
29 77-7a-102, Utah Code Annotated 1953
30 77-7a-103, Utah Code Annotated 1953
31 77-7a-104, Utah Code Annotated 1953
32 77-7a-105, Utah Code Annotated 1953
33 77-7a-106, Utah Code Annotated 1953
34 77-7a-107, Utah Code Annotated 1953
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 63G-2-201 is amended to read:
38 63G-2-201. Right to inspect records and receive copies of records.
39 (1) Every person has the right to inspect a public record free of charge, and the right to
40 take a copy of a public record during normal working hours, subject to Sections 63G-2-203 and
42 (2) A record is public unless otherwise expressly provided by statute.
43 (3) The following records are not public:
44 (a) a record that is private, controlled, or protected under Sections 63G-2-302,
45 63G-2-303, 63G-2-304, and 63G-2-305; and
46 (b) a record to which access is restricted pursuant to court rule, another state statute,
47 federal statute, or federal regulation, including records for which access is governed or
48 restricted as a condition of participation in a state or federal program or for receiving state or
49 federal funds.
50 (4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or
51 63G-2-305 may be classified private, controlled, or protected.
52 (5) (a) A governmental entity may not disclose a record that is private, controlled, or
53 protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section
54 63G-2-202, 63G-2-206, or 63G-2-303.
55 (b) A governmental entity may disclose a record that is private under Subsection
56 63G-2-302(2) or protected under Section 63G-2-305 to persons other than those specified in
57 Section 63G-2-202 or 63G-2-206 if the head of a governmental entity, or a designee,
58 determines that:
59 (i) there is no interest in restricting access to the record; or
60 (ii) the interests favoring access are greater than or equal to the interest favoring
61 restriction of access.
62 (c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
63 disclose a record that is protected under Subsection 63G-2-305(51) if:
64 (i) the head of the governmental entity, or a designee, determines that the disclosure:
65 (A) is mutually beneficial to:
66 (I) the subject of the record;
67 (II) the governmental entity; and
68 (III) the public; and
69 (B) serves a public purpose related to:
70 (I) public safety; or
71 (II) consumer protection; and
72 (ii) the person who receives the record from the governmental entity agrees not to use
73 or allow the use of the record for advertising or solicitation purposes.
74 (6) (a) The disclosure of a record to which access is governed or limited pursuant to
75 court rule, another state statute, federal statute, or federal regulation, including a record for
76 which access is governed or limited as a condition of participation in a state or federal program
77 or for receiving state or federal funds, is governed by the specific provisions of that statute,
78 rule, or regulation.
79 (b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter
80 is not inconsistent with the statute, rule, or regulation.
81 (7) A governmental entity shall provide a person with a certified copy of a record if:
82 (a) the person requesting the record has a right to inspect it;
83 (b) the person identifies the record with reasonable specificity; and
84 (c) the person pays the lawful fees.
85 (8) (a) In response to a request, a governmental entity is not required to:
86 (i) create a record;
87 (ii) compile, format, manipulate, package, summarize, or tailor information;
88 (iii) provide a record in a particular format, medium, or program not currently
89 maintained by the governmental entity;
90 (iv) fulfill a person's records request if the request unreasonably duplicates prior
91 records requests from that person; or
92 (v) fill a person's records request if:
93 (A) the record requested is accessible in the identical physical form and content in a
94 public publication or product produced by the governmental entity receiving the request;
95 (B) the governmental entity provides the person requesting the record with the public
96 publication or product; and
97 (C) the governmental entity specifies where the record can be found in the public
98 publication or product.
99 (b) Upon request, a governmental entity may provide a record in a particular form
100 under Subsection (8)(a)(ii) or (iii) if:
101 (i) the governmental entity determines it is able to do so without unreasonably
102 interfering with the governmental entity's duties and responsibilities; and
103 (ii) the requester agrees to pay the governmental entity for providing the record in the
104 requested form in accordance with Section 63G-2-203.
105 (9) (a) A governmental entity may allow a person requesting more than 50 pages of
106 records to copy the records if:
107 (i) the records are contained in files that do not contain records that are exempt from
108 disclosure, or the records may be segregated to remove private, protected, or controlled
109 information from disclosure; and
110 (ii) the governmental entity provides reasonable safeguards to protect the public from
111 the potential for loss of a public record.
112 (b) When the requirements of Subsection (9)(a) are met, the governmental entity may:
113 (i) provide the requester with the facilities for copying the requested records and
114 require that the requester make the copies; or
115 (ii) allow the requester to provide the requester's own copying facilities and personnel
116 to make the copies at the governmental entity's offices and waive the fees for copying the
118 (10) (a) A governmental entity that owns an intellectual property right and that offers
119 the intellectual property right for sale or license may control by ordinance or policy the
120 duplication and distribution of the material based on terms the governmental entity considers to
121 be in the public interest.
122 (b) Nothing in this chapter shall be construed to limit or impair the rights or protections
123 granted to the governmental entity under federal copyright or patent law as a result of its
124 ownership of the intellectual property right.
125 (11) A governmental entity may not use the physical form, electronic or otherwise, in
126 which a record is stored to deny, or unreasonably hinder the rights of a person to inspect and
127 receive a copy of a record under this chapter.
128 (12) Subject to the requirements of Subsection (8), a governmental entity shall provide
129 access to an electronic copy of a record in lieu of providing access to its paper equivalent if:
130 (a) the person making the request requests or states a preference for an electronic copy;
131 (b) the governmental entity currently maintains the record in an electronic format that
132 is reproducible and may be provided without reformatting or conversion; and
133 (c) the electronic copy of the record:
134 (i) does not disclose other records that are exempt from disclosure; or
135 (ii) may be segregated to protect private, protected, or controlled information from
136 disclosure without the undue expenditure of public resources or funds.
137 (13) In determining whether a record is properly classified as private under Subsection
138 63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals board, or
139 court shall consider and weigh:
140 (a) any personal privacy interests, including those in images, that would be affected by
141 disclosure of the records in question; and
142 (b) any public interests served by disclosure.
143 Section 2. Section 63G-2-302 is amended to read:
144 63G-2-302. Private records.
145 (1) The following records are private:
146 (a) records concerning an individual's eligibility for unemployment insurance benefits,
147 social services, welfare benefits, or the determination of benefit levels;
148 (b) records containing data on individuals describing medical history, diagnosis,
149 condition, treatment, evaluation, or similar medical data;
150 (c) records of publicly funded libraries that when examined alone or with other records
151 identify a patron;
152 (d) records received by or generated by or for:
153 (i) the Independent Legislative Ethics Commission, except for:
154 (A) the commission's summary data report that is required under legislative rule; and
155 (B) any other document that is classified as public under legislative rule; or
156 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
157 unless the record is classified as public under legislative rule;
158 (e) records received by, or generated by or for, the Independent Executive Branch
159 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
160 of Executive Branch Ethics Complaints;
161 (f) records received or generated for a Senate confirmation committee concerning
162 character, professional competence, or physical or mental health of an individual:
163 (i) if, prior to the meeting, the chair of the committee determines release of the records:
164 (A) reasonably could be expected to interfere with the investigation undertaken by the
165 committee; or
166 (B) would create a danger of depriving a person of a right to a fair proceeding or
167 impartial hearing; and
168 (ii) after the meeting, if the meeting was closed to the public;
169 (g) employment records concerning a current or former employee of, or applicant for
170 employment with, a governmental entity that would disclose that individual's home address,
171 home telephone number, social security number, insurance coverage, marital status, or payroll
173 (h) records or parts of records under Section 63G-2-303 that a current or former
174 employee identifies as private according to the requirements of that section;
175 (i) that part of a record indicating a person's social security number or federal employer
176 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
177 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
178 (j) that part of a voter registration record identifying a voter's:
179 (i) driver license or identification card number;
180 (ii) Social Security number, or last four digits of the Social Security number;
181 (iii) email address; or
182 (iv) date of birth;
183 (k) a voter registration record that is classified as a private record by the lieutenant
184 governor or a county clerk under Subsection 20A-2-104(4)(f) or 20A-2-101.1(5)(a);
185 (l) a record that:
186 (i) contains information about an individual;
187 (ii) is voluntarily provided by the individual; and
188 (iii) goes into an electronic database that:
189 (A) is designated by and administered under the authority of the Chief Information
190 Officer; and
191 (B) acts as a repository of information about the individual that can be electronically
192 retrieved and used to facilitate the individual's online interaction with a state agency;
193 (m) information provided to the Commissioner of Insurance under:
194 (i) Subsection 31A-23a-115(2)(a);
195 (ii) Subsection 31A-23a-302(3); or
196 (iii) Subsection 31A-26-210(3);
197 (n) information obtained through a criminal background check under Title 11, Chapter
198 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
199 (o) information provided by an offender that is:
200 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
201 Offender Registry; and
202 (ii) not required to be made available to the public under Subsection 77-41-110(4);
203 (p) a statement and any supporting documentation filed with the attorney general in
204 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
205 homeland security;
206 (q) electronic toll collection customer account information received or collected under
207 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
208 collected by a public transit district, including contact and payment information and customer
209 travel data;
210 (r) an email address provided by a military or overseas voter under Section
212 (s) a completed military-overseas ballot that is electronically transmitted under Title
213 20A, Chapter 16, Uniform Military and Overseas Voters Act;
214 (t) records received by or generated by or for the Political Subdivisions Ethics Review
215 Commission established in Section 11-49-201, except for:
216 (i) the commission's summary data report that is required in Section 11-49-202; and
217 (ii) any other document that is classified as public in accordance with Title 11, Chapter
218 49, Political Subdivisions Ethics Review Commission;
219 (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
220 notified of an incident or threat; and
221 (v) a criminal background check or credit history report conducted in accordance with
222 Section 63A-3-201.
223 (2) The following records are private if properly classified by a governmental entity:
224 (a) records concerning a current or former employee of, or applicant for employment
225 with a governmental entity, including performance evaluations and personal status information
226 such as race, religion, or disabilities, but not including records that are public under Subsection
227 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
228 (b) records describing an individual's finances, except that the following are public:
229 (i) records described in Subsection 63G-2-301(2);
230 (ii) information provided to the governmental entity for the purpose of complying with
231 a financial assurance requirement; or
232 (iii) records that must be disclosed in accordance with another statute;
233 (c) records of independent state agencies if the disclosure of those records would
234 conflict with the fiduciary obligations of the agency;
235 (d) other records containing data on individuals the disclosure of which constitutes a
236 clearly unwarranted invasion of personal privacy;
237 (e) records provided by the United States or by a government entity outside the state
238 that are given with the requirement that the records be managed as private records, if the
239 providing entity states in writing that the record would not be subject to public disclosure if
240 retained by it; [
241 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
242 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
243 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult[
244 (g) audio and video recordings created by a body-worn camera, as defined in Section
245 77-7a-103, that record sound or images inside a home or residence except for recordings that:
246 (i) depict the commission of an alleged crime;
247 (ii) record any encounter between a law enforcement officer and a person that results in
248 death or bodily injury, or includes an instance when an officer fires a weapon;
249 (iii) record any encounter that is the subject of a complaint or a legal proceeding
250 against a law enforcement officer or law enforcement agency;
251 (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d);
253 (v) have been requested for reclassification as a public record by a subject or
254 authorized agent of a subject featured in the recording.
255 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
256 records, statements, history, diagnosis, condition, treatment, and evaluation.
257 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
258 doctors, or affiliated entities are not private records or controlled records under Section
259 63G-2-304 when the records are sought:
260 (i) in connection with any legal or administrative proceeding in which the patient's
261 physical, mental, or emotional condition is an element of any claim or defense; or
262 (ii) after a patient's death, in any legal or administrative proceeding in which any party
263 relies upon the condition as an element of the claim or defense.
264 (c) Medical records are subject to production in a legal or administrative proceeding
265 according to state or federal statutes or rules of procedure and evidence as if the medical
266 records were in the possession of a nongovernmental medical care provider.
267 Section 3. Section 77-7a-101 is enacted to read:
269 77-7a-101. Title.
270 This chapter is known as "Law Enforcement Use of Body-Worn Cameras."
271 Section 4. Section 77-7a-102 is enacted to read:
272 77-7a-102. Body-worn cameras -- Written policies and procedures.
273 (1) Any law enforcement agency that uses body-worn cameras shall have a written
274 policy governing the use of body-worn cameras that is consistent with the provisions of this
276 (2) (a) Any written policy regarding the use of body-worn cameras by a law
277 enforcement agency shall, at a minimum:
278 (i) comply with and include the requirements in this chapter; and
279 (ii) address the security, storage, and maintenance of data collected from body-worn
281 (b) This chapter does not prohibit a law enforcement agency from adopting body-worn
282 camera policies that are more expansive than the minimum guidelines provided in this chapter.
283 (3) This chapter does not require an officer to jeopardize the safety of the public, other
284 law enforcement officers, or himself or herself in order to activate or deactivate a body-worn
286 Section 5. Section 77-7a-103 is enacted to read:
287 77-7a-103. Definitions.
288 (1) (a) "Body-worn camera" means a video recording device that is carried by, or worn
289 on the body of, a law enforcement officer and that is capable of recording the operations of the
291 (b) "Body-worn camera" does not include a dashboard mounted camera or a camera
292 intended to record clandestine investigation activities.
293 (2) "Law enforcement agency" means any public agency having general police power
294 and charged with making arrests in connection with enforcement of the criminal statutes and
295 ordinances of this state or any political subdivision.
296 (3) "Law enforcement encounter" means:
297 (a) an enforcement stop;
298 (b) a dispatched call;
299 (c) a field interrogation or interview;
300 (d) use of force;
301 (e) execution of a warrant;
302 (f) a traffic stop, including:
303 (i) a traffic violation;
304 (ii) stranded motorist assistance; and
305 (iii) any crime interdiction stop; or
306 (g) any other contact that becomes adversarial after the initial contact in a situation that
307 would not otherwise require recording.
308 Section 6. Section 77-7a-104 is enacted to read:
309 77-7a-104. Activation and use of body-worn cameras.
310 (1) An officer using a body-worn camera shall verify that the equipment is properly
311 functioning as is reasonably within the officer's ability.
312 (2) An officer shall report any malfunctioning equipment to the officer's supervisor if:
313 (a) the body-worn camera issued to the officer is not functioning properly upon initial
314 inspection; or
315 (b) an officer determines that the officer's body-worn camera is not functioning
316 properly at any time while the officer is on duty.
317 (3) An officer shall wear the body-worn camera so that it is clearly visible to the person
318 being recorded.
319 (4) An officer shall activate the body-worn camera prior to any law enforcement
320 encounter, or as soon as reasonably possible.
321 (5) An officer shall record in an uninterrupted manner until after the conclusion of a
322 law enforcement encounter, except as an interruption of a recording is allowed under this
324 (6) When going on duty and off duty, an officer who is issued a body-worn camera
325 shall record the officer's name, identification number, and the current time and date, unless the
326 information is already available due to the functionality of the body-worn camera.
327 (7) If a body-worn camera was present during a law enforcement encounter, the officer
328 shall document the presence of the body-worn camera in any report or other official record of a
330 (8) When a body-worn camera has been activated, the officer may not deactivate the
331 body-worn camera until the officer's direct participation in the law enforcement encounter is
332 complete, except as provided in Subsection (9).
333 (9) An officer may deactivate a body-worn camera:
334 (a) to consult with a supervisor or another officer;
335 (b) during a significant period of inactivity; and
336 (c) during a conversation with a sensitive victim of crime, a witness of a crime, or an
337 individual who wishes to report or discuss criminal activity if:
338 (i) the individual who is the subject of the recording requests that the officer deactivate
339 the officer's body-worn camera; and
340 (ii) the officer believes that the value of the information outweighs the value of the
341 potential recording and records the request by the individual to deactivate the body-worn
343 (10) If an officer deactivates a body-worn camera, the officer shall document the
344 reason for deactivating a body-worn camera in a written report.
345 Section 7. Section 77-7a-105 is enacted to read:
346 77-7a-105. Notice and privacy.
347 (1) When an officer with a body-worn camera enters a private residence, the officer
348 shall give notice, when reasonable under the circumstances, to the occupants of the residence
349 that a body-worn camera is in use either by:
350 (a) wearing a body-worn camera in a clearly visible manner; or
351 (b) giving an audible notice that the officer is using a body-worn camera.
352 (2) An agency shall make the agency's policies regarding the use of body-worn cameras
353 available to the public, and shall place the policies on the agency's public website when
355 Section 8. Section 77-7a-106 is enacted to read:
356 77-7a-106. Prohibited Activities.
357 An officer is prohibited from:
358 (1) using a body-worn camera for personal use;
359 (2) making a personal copy of a recording created while on duty or acting in an official
360 capacity as a law enforcement officer;
361 (3) retaining a recording of any activity or information obtained while on duty or acting
362 in an official capacity as a law enforcement officer;
363 (4) duplicating or distributing a recording except as authorized by the employing law
364 enforcement agency; and
365 (5) altering or deleting a recording in violation of this chapter.
366 Section 9. Section 77-7a-107 is enacted to read:
367 77-7a-107. Retention and release of recordings.
368 Any recording made by an officer while on duty or acting in the officer's official
369 capacity as a law enforcement officer shall be retained in accordance with applicable federal,
370 state, and local laws.