Representative Daniel McCay proposes the following substitute bill:





Chief Sponsor: Daniel McCay

Senate Sponsor: Daniel W. Thatcher


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:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
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
27     ENACTS:
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
41     63G-2-204.
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
117     records.
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
172     deductions;
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
211     20A-16-501;

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; [and]
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[.]; and
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);
252     or
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
275     chapter.
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
280     cameras.
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
285     camera.
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
290     officer.
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
323     section.
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
329     contact.
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
342     camera.
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
354     possible.
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.