Chief Sponsor: Daniel W. Thatcher

House Sponsor: Don L. Ipson


8     General Description:
9          This bill modifies the Utah Code of Criminal Procedure to address the use of body
10     cameras by law enforcement officers.
11     Highlighted Provisions:
12          This bill provides that:
13          ▸     any law enforcement agency that uses body-worn cameras for its law enforcement
14     officers shall have a written policy governing the use of the body-worn cameras and
15     the storage and retention of the video or audio captured;
16          ▸     the policies governing the use of body-worn cameras shall meet the minimum
17     standards established by the Peace Officer Standards and Training Division; and
18          ▸     specified audio or video recordings made by a body-worn camera are considered a
19     private record.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53-6-103, as last amended by Laws of Utah 1995, Chapter 134
27          63G-2-302, as last amended by Laws of Utah 2015, Chapters 43 and 130

28     ENACTS:
29          77-23e-101, Utah Code Annotated 1953
30          77-23e-102, Utah Code Annotated 1953
31          77-23e-103, Utah Code Annotated 1953

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53-6-103 is amended to read:
35          53-6-103. Peace Officer Standards and Training Division -- Creation --
36     Administration -- Duties.
37          (1) There is created within the department the Peace Officer Standards and Training
38     Division.
39          (2) The division shall be administered by a director acting under the supervision and
40     control of the commissioner.
41          (3) The division shall promote and ensure the safety and welfare of the citizens of this
42     state in their respective communities and provide for efficient and professional law
43     enforcement by establishing minimum standards and training for peace officers and dispatchers
44     throughout the state.
45          (4) The division shall establish minimum standards for the use of body-worn cameras
46     by the law enforcement agencies in Utah that choose to use body-worn cameras.
47          Section 2. Section 63G-2-302 is amended to read:
48          63G-2-302. Private records.
49          (1) The following records are private:
50          (a) records concerning an individual's eligibility for unemployment insurance benefits,
51     social services, welfare benefits, or the determination of benefit levels;
52          (b) records containing data on individuals describing medical history, diagnosis,
53     condition, treatment, evaluation, or similar medical data;
54          (c) records of publicly funded libraries that when examined alone or with other records
55     identify a patron;
56          (d) records received by or generated by or for:
57          (i) the Independent Legislative Ethics Commission, except for:
58          (A) the commission's summary data report that is required under legislative rule; and

59          (B) any other document that is classified as public under legislative rule; or
60          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
61     unless the record is classified as public under legislative rule;
62          (e) records received by, or generated by or for, the Independent Executive Branch
63     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
64     of Executive Branch Ethics Complaints;
65          (f) records received or generated for a Senate confirmation committee concerning
66     character, professional competence, or physical or mental health of an individual:
67          (i) if, prior to the meeting, the chair of the committee determines release of the records:
68          (A) reasonably could be expected to interfere with the investigation undertaken by the
69     committee; or
70          (B) would create a danger of depriving a person of a right to a fair proceeding or
71     impartial hearing; and
72          (ii) after the meeting, if the meeting was closed to the public;
73          (g) employment records concerning a current or former employee of, or applicant for
74     employment with, a governmental entity that would disclose that individual's home address,
75     home telephone number, social security number, insurance coverage, marital status, or payroll
76     deductions;
77          (h) records or parts of records under Section 63G-2-303 that a current or former
78     employee identifies as private according to the requirements of that section;
79          (i) that part of a record indicating a person's social security number or federal employer
80     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
81     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
82          (j) that part of a voter registration record identifying a voter's:
83          (i) driver license or identification card number;
84          (ii) social security number, or last four digits of the social security number;
85          (iii) email address; or
86          (iv) date of birth;
87          (k) a voter registration record that is classified as a private record by the lieutenant
88     governor or a county clerk under Subsection 20A-2-104(4)(f) or 20A-2-101.1(5)(a);
89          (l) a record that:

90          (i) contains information about an individual;
91          (ii) is voluntarily provided by the individual; and
92          (iii) goes into an electronic database that:
93          (A) is designated by and administered under the authority of the chief information
94     officer; and
95          (B) acts as a repository of information about the individual that can be electronically
96     retrieved and used to facilitate the individual's online interaction with a state agency;
97          (m) information provided to the commissioner of insurance under:
98          (i) Subsection 31A-23a-115(2)(a);
99          (ii) Subsection 31A-23a-302(3); or
100          (iii) Subsection 31A-26-210(3);
101          (n) information obtained through a criminal background check under Title 11, Chapter
102     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
103          (o) information provided by an offender that is:
104          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
105     Offender Registry; and
106          (ii) not required to be made available to the public under Subsection 77-41-110(4);
107          (p) a statement and any supporting documentation filed with the attorney general in
108     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
109     homeland security;
110          (q) electronic toll collection customer account information received or collected under
111     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
112     collected by a public transit district, including contact and payment information and customer
113     travel data;
114          (r) an email address provided by a military or overseas voter under Section
115     20A-16-501;
116          (s) a completed military-overseas ballot that is electronically transmitted under Title
117     20A, Chapter 16, Uniform Military and Overseas Voters Act;
118          (t) records received by or generated by or for the Political Subdivisions Ethics Review
119     Commission established in Section 11-49-201, except for:
120          (i) the commission's summary data report that is required in Section 11-49-202; and

121          (ii) any other document that is classified as public in accordance with Title 11, Chapter
122     49, Political Subdivisions Ethics Review Commission;
123          (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
124     notified of an incident or threat; and
125          (v) a criminal background check or credit history report conducted in accordance with
126     Section 63A-3-201.
127          (2) The following records are private if properly classified by a governmental entity:
128          (a) records concerning a current or former employee of, or applicant for employment
129     with a governmental entity, including performance evaluations and personal status information
130     such as race, religion, or disabilities, but not including records that are public under Subsection
131     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
132          (b) records describing an individual's finances, except that the following are public:
133          (i) records described in Subsection 63G-2-301(2);
134          (ii) information provided to the governmental entity for the purpose of complying with
135     a financial assurance requirement; or
136          (iii) records that must be disclosed in accordance with another statute;
137          (c) records of independent state agencies if the disclosure of those records would
138     conflict with the fiduciary obligations of the agency;
139          (d) other records containing data on individuals the disclosure of which constitutes a
140     clearly unwarranted invasion of personal privacy;
141          (e) records provided by the United States or by a government entity outside the state
142     that are given with the requirement that the records be managed as private records, if the
143     providing entity states in writing that the record would not be subject to public disclosure if
144     retained by it; [and]
145          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
146     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
147     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult[.]; and
148          (g) audio and video recordings created by a body-worn camera, as defined in Section
149     77-23e-102:
150          (i) if the body-worn camera was operated by a law enforcement officer while serving a
151     warrant;

152          (ii) if the recording was obtained:
153          (A) under exigent circumstances, if the law enforcement officer did not have a warrant;
154     or
155          (B) by a law enforcement officer who has obtained and documented permission from
156     the subject of a recording to be in the location where the recording was obtained; or
157          (iii) if the record contains images of nudity, death, or gruesome events involving an
158     individual or individuals.
159          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
160     records, statements, history, diagnosis, condition, treatment, and evaluation.
161          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
162     doctors, or affiliated entities are not private records or controlled records under Section
163     63G-2-304 when the records are sought:
164          (i) in connection with any legal or administrative proceeding in which the patient's
165     physical, mental, or emotional condition is an element of any claim or defense; or
166          (ii) after a patient's death, in any legal or administrative proceeding in which any party
167     relies upon the condition as an element of the claim or defense.
168          (c) Medical records are subject to production in a legal or administrative proceeding
169     according to state or federal statutes or rules of procedure and evidence as if the medical
170     records were in the possession of a nongovernmental medical care provider.
171          Section 3. Section 77-23e-101 is enacted to read:

173          77-23e-101. Title.
174          This chapter is known as "Law Enforcement Use of Body-Worn Cameras."
175          Section 4. Section 77-23e-102 is enacted to read:
176          77-23e-102. Definitions.
177          As used in this chapter:
178          (1) (a) "Body-worn camera" means a video recording device that is carried by, or worn
179     on the body of, a law enforcement officer and that is capable of recording the operations of the
180     officer.
181          (b) "Body-worn camera" does not include a dashboard mounted camera in a law
182     enforcement vehicle.

183          (2) "Law enforcement agency" means an entity of the state, or a political subdivision of
184     the state, including a state institution of higher education, that exists primarily to prevent and
185     detect crime and enforce criminal laws, statutes, and ordinances.
186          Section 5. Section 77-23e-103 is enacted to read:
187          77-23e-103. Body-worn cameras -- Written policies and procedures.
188          (1) Any law enforcement agency that uses body-worn cameras shall have a written
189     policy for the use of body-worn cameras and the storage and retention of video and audio
190     recordings from body-worn cameras.
191          (2) The written policies and procedures shall address:
192          (a) when a law enforcement officer is required to wear a body-worn camera;
193          (b) when a law enforcement officer is required to activate a body-worn camera and
194     when the body-worn camera may be inactive;
195          (c) the retention schedule of video and audio recordings captured by a body-worn
196     camera;
197          (d) under what circumstances the video and audio from a body-worn camera may be
198     reviewed and who is authorized to review and have access to the video and audio;
199          (e) how and when video and audio from a body-worn camera may be released to third
200     parties; and
201          (f) the disciplinary procedures for failing to record, in violation of the policies of the
202     law enforcement agency.
203          (3) Any policy shall meet the minimum standards for the use of body-worn cameras
204     established by the Peace Officer Standards and Training Division pursuant to Section 53-6-103.
205          (4) This chapter does not prohibit a law enforcement agency from having a written
206     policy regarding the use of body-worn cameras that includes provisions in addition to those in
207     Subsection (2).

Legislative Review Note
Office of Legislative Research and General Counsel