This document includes House Floor Amendments incorporated into the bill on Wed, Mar 1, 2017 at 4:29 PM by jeyring.
1     
HEALTH CARE PATIENT PRIVACY AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: Brian E. Shiozawa

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions related to the use of body worn cameras by law
10     enforcement in health care settings.
11     Highlighted Provisions:
12          This bill:
13          ▸      amends the Government Records Access and Management Act to classify an audio
14     or video recording created by a body worn camera in a health care setting as a
15     protected record under the Government Records Access and Management Act; and
16          ▸     amends Title 77, Chapter 7a, Law Enforcement Use of Body-Worn Cameras, to:
17               •     require certain notice to a health care provider if a body worn camera is
18     activated in a health care setting Ĥ→ or in certain human service programs ←Ĥ ; and
19               •     prohibits the activation of a body worn camera in a health care setting Ĥ→ or certain
19a     human service programs ←Ĥ unless the
20     body worn camera is activated for a law enforcement encounter.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          63G-2-305, as last amended by Laws of Utah 2015, Chapters 147, 283, and 411

28          77-7a-102, as enacted by Laws of Utah 2016, Chapter 410
29          77-7a-104, as enacted by Laws of Utah 2016, Chapter 410
30          77-7a-105, as enacted by Laws of Utah 2016, Chapter 410
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 63G-2-305 is amended to read:
34          63G-2-305. Protected records.
35          The following records are protected if properly classified by a governmental entity:
36          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
37     has provided the governmental entity with the information specified in Section 63G-2-309;
38          (2) commercial information or nonindividual financial information obtained from a
39     person if:
40          (a) disclosure of the information could reasonably be expected to result in unfair
41     competitive injury to the person submitting the information or would impair the ability of the
42     governmental entity to obtain necessary information in the future;
43          (b) the person submitting the information has a greater interest in prohibiting access
44     than the public in obtaining access; and
45          (c) the person submitting the information has provided the governmental entity with
46     the information specified in Section 63G-2-309;
47          (3) commercial or financial information acquired or prepared by a governmental entity
48     to the extent that disclosure would lead to financial speculations in currencies, securities, or
49     commodities that will interfere with a planned transaction by the governmental entity or cause
50     substantial financial injury to the governmental entity or state economy;
51          (4) records, the disclosure of which could cause commercial injury to, or confer a
52     competitive advantage upon a potential or actual competitor of, a commercial project entity as
53     defined in Subsection 11-13-103(4);
54          (5) test questions and answers to be used in future license, certification, registration,
55     employment, or academic examinations;
56          (6) records, the disclosure of which would impair governmental procurement
57     proceedings or give an unfair advantage to any person proposing to enter into a contract or
58     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this

59     Subsection (6) does not restrict the right of a person to have access to, after the contract or
60     grant has been awarded and signed by all parties, a bid, proposal, application, or other
61     information submitted to or by a governmental entity in response to:
62          (a) an invitation for bids;
63          (b) a request for proposals;
64          (c) a request for quotes;
65          (d) a grant; or
66          (e) other similar document;
67          (7) information submitted to or by a governmental entity in response to a request for
68     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
69     the right of a person to have access to the information, after:
70          (a) a contract directly relating to the subject of the request for information has been
71     awarded and signed by all parties; or
72          (b) (i) a final determination is made not to enter into a contract that relates to the
73     subject of the request for information; and
74          (ii) at least two years have passed after the day on which the request for information is
75     issued;
76          (8) records that would identify real property or the appraisal or estimated value of real
77     or personal property, including intellectual property, under consideration for public acquisition
78     before any rights to the property are acquired unless:
79          (a) public interest in obtaining access to the information is greater than or equal to the
80     governmental entity's need to acquire the property on the best terms possible;
81          (b) the information has already been disclosed to persons not employed by or under a
82     duty of confidentiality to the entity;
83          (c) in the case of records that would identify property, potential sellers of the described
84     property have already learned of the governmental entity's plans to acquire the property;
85          (d) in the case of records that would identify the appraisal or estimated value of
86     property, the potential sellers have already learned of the governmental entity's estimated value
87     of the property; or
88          (e) the property under consideration for public acquisition is a single family residence
89     and the governmental entity seeking to acquire the property has initiated negotiations to acquire

90     the property as required under Section 78B-6-505;
91          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
92     compensated transaction of real or personal property including intellectual property, which, if
93     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
94     of the subject property, unless:
95          (a) the public interest in access is greater than or equal to the interests in restricting
96     access, including the governmental entity's interest in maximizing the financial benefit of the
97     transaction; or
98          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
99     the value of the subject property have already been disclosed to persons not employed by or
100     under a duty of confidentiality to the entity;
101          (10) records created or maintained for civil, criminal, or administrative enforcement
102     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
103     release of the records:
104          (a) reasonably could be expected to interfere with investigations undertaken for
105     enforcement, discipline, licensing, certification, or registration purposes;
106          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
107     proceedings;
108          (c) would create a danger of depriving a person of a right to a fair trial or impartial
109     hearing;
110          (d) reasonably could be expected to disclose the identity of a source who is not
111     generally known outside of government and, in the case of a record compiled in the course of
112     an investigation, disclose information furnished by a source not generally known outside of
113     government if disclosure would compromise the source; or
114          (e) reasonably could be expected to disclose investigative or audit techniques,
115     procedures, policies, or orders not generally known outside of government if disclosure would
116     interfere with enforcement or audit efforts;
117          (11) records the disclosure of which would jeopardize the life or safety of an
118     individual;
119          (12) records the disclosure of which would jeopardize the security of governmental
120     property, governmental programs, or governmental recordkeeping systems from damage, theft,

121     or other appropriation or use contrary to law or public policy;
122          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
123     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
124     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
125          (14) records that, if disclosed, would reveal recommendations made to the Board of
126     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
127     Board of Pardons and Parole, or the Department of Human Services that are based on the
128     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
129     jurisdiction;
130          (15) records and audit workpapers that identify audit, collection, and operational
131     procedures and methods used by the State Tax Commission, if disclosure would interfere with
132     audits or collections;
133          (16) records of a governmental audit agency relating to an ongoing or planned audit
134     until the final audit is released;
135          (17) records that are subject to the attorney client privilege;
136          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
137     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
138     quasi-judicial, or administrative proceeding;
139          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
140     from a member of the Legislature; and
141          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
142     legislative action or policy may not be classified as protected under this section; and
143          (b) (i) an internal communication that is part of the deliberative process in connection
144     with the preparation of legislation between:
145          (A) members of a legislative body;
146          (B) a member of a legislative body and a member of the legislative body's staff; or
147          (C) members of a legislative body's staff; and
148          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
149     legislative action or policy may not be classified as protected under this section;
150          (20) (a) records in the custody or control of the Office of Legislative Research and
151     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated

152     legislation or contemplated course of action before the legislator has elected to support the
153     legislation or course of action, or made the legislation or course of action public; and
154          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
155     Office of Legislative Research and General Counsel is a public document unless a legislator
156     asks that the records requesting the legislation be maintained as protected records until such
157     time as the legislator elects to make the legislation or course of action public;
158          (21) research requests from legislators to the Office of Legislative Research and
159     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
160     in response to these requests;
161          (22) drafts, unless otherwise classified as public;
162          (23) records concerning a governmental entity's strategy about:
163          (a) collective bargaining; or
164          (b) imminent or pending litigation;
165          (24) records of investigations of loss occurrences and analyses of loss occurrences that
166     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
167     Uninsured Employers' Fund, or similar divisions in other governmental entities;
168          (25) records, other than personnel evaluations, that contain a personal recommendation
169     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
170     personal privacy, or disclosure is not in the public interest;
171          (26) records that reveal the location of historic, prehistoric, paleontological, or
172     biological resources that if known would jeopardize the security of those resources or of
173     valuable historic, scientific, educational, or cultural information;
174          (27) records of independent state agencies if the disclosure of the records would
175     conflict with the fiduciary obligations of the agency;
176          (28) records of an institution within the state system of higher education defined in
177     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
178     retention decisions, and promotions, which could be properly discussed in a meeting closed in
179     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
180     the final decisions about tenure, appointments, retention, promotions, or those students
181     admitted, may not be classified as protected under this section;
182          (29) records of the governor's office, including budget recommendations, legislative

183     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
184     policies or contemplated courses of action before the governor has implemented or rejected
185     those policies or courses of action or made them public;
186          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
187     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
188     recommendations in these areas;
189          (31) records provided by the United States or by a government entity outside the state
190     that are given to the governmental entity with a requirement that they be managed as protected
191     records if the providing entity certifies that the record would not be subject to public disclosure
192     if retained by it;
193          (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
194     except as provided in Section 52-4-206;
195          (33) records that would reveal the contents of settlement negotiations but not including
196     final settlements or empirical data to the extent that they are not otherwise exempt from
197     disclosure;
198          (34) memoranda prepared by staff and used in the decision-making process by an
199     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
200     other body charged by law with performing a quasi-judicial function;
201          (35) records that would reveal negotiations regarding assistance or incentives offered
202     by or requested from a governmental entity for the purpose of encouraging a person to expand
203     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
204     person or place the governmental entity at a competitive disadvantage, but this section may not
205     be used to restrict access to a record evidencing a final contract;
206          (36) materials to which access must be limited for purposes of securing or maintaining
207     the governmental entity's proprietary protection of intellectual property rights including patents,
208     copyrights, and trade secrets;
209          (37) the name of a donor or a prospective donor to a governmental entity, including an
210     institution within the state system of higher education defined in Section 53B-1-102, and other
211     information concerning the donation that could reasonably be expected to reveal the identity of
212     the donor, provided that:
213          (a) the donor requests anonymity in writing;

214          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
215     classified protected by the governmental entity under this Subsection (37); and
216          (c) except for an institution within the state system of higher education defined in
217     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
218     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
219     over the donor, a member of the donor's immediate family, or any entity owned or controlled
220     by the donor or the donor's immediate family;
221          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
222     73-18-13;
223          (39) a notification of workers' compensation insurance coverage described in Section
224     34A-2-205;
225          (40) (a) the following records of an institution within the state system of higher
226     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
227     or received by or on behalf of faculty, staff, employees, or students of the institution:
228          (i) unpublished lecture notes;
229          (ii) unpublished notes, data, and information:
230          (A) relating to research; and
231          (B) of:
232          (I) the institution within the state system of higher education defined in Section
233     53B-1-102; or
234          (II) a sponsor of sponsored research;
235          (iii) unpublished manuscripts;
236          (iv) creative works in process;
237          (v) scholarly correspondence; and
238          (vi) confidential information contained in research proposals;
239          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
240     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
241          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
242          (41) (a) records in the custody or control of the Office of Legislative Auditor General
243     that would reveal the name of a particular legislator who requests a legislative audit prior to the
244     date that audit is completed and made public; and

245          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
246     Office of the Legislative Auditor General is a public document unless the legislator asks that
247     the records in the custody or control of the Office of Legislative Auditor General that would
248     reveal the name of a particular legislator who requests a legislative audit be maintained as
249     protected records until the audit is completed and made public;
250          (42) records that provide detail as to the location of an explosive, including a map or
251     other document that indicates the location of:
252          (a) a production facility; or
253          (b) a magazine;
254          (43) information:
255          (a) contained in the statewide database of the Division of Aging and Adult Services
256     created by Section 62A-3-311.1; or
257          (b) received or maintained in relation to the Identity Theft Reporting Information
258     System (IRIS) established under Section 67-5-22;
259          (44) information contained in the Management Information System and Licensing
260     Information System described in Title 62A, Chapter 4a, Child and Family Services;
261          (45) information regarding National Guard operations or activities in support of the
262     National Guard's federal mission;
263          (46) records provided by any pawn or secondhand business to a law enforcement
264     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
265     Secondhand Merchandise Transaction Information Act;
266          (47) information regarding food security, risk, and vulnerability assessments performed
267     by the Department of Agriculture and Food;
268          (48) except to the extent that the record is exempt from this chapter pursuant to Section
269     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
270     prepared or maintained by the Division of Emergency Management, and the disclosure of
271     which would jeopardize:
272          (a) the safety of the general public; or
273          (b) the security of:
274          (i) governmental property;
275          (ii) governmental programs; or

276          (iii) the property of a private person who provides the Division of Emergency
277     Management information;
278          (49) records of the Department of Agriculture and Food that provides for the
279     identification, tracing, or control of livestock diseases, including any program established under
280     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act or Title 4, Chapter 31, Control
281     of Animal Disease;
282          (50) as provided in Section 26-39-501:
283          (a) information or records held by the Department of Health related to a complaint
284     regarding a child care program or residential child care which the department is unable to
285     substantiate; and
286          (b) information or records related to a complaint received by the Department of Health
287     from an anonymous complainant regarding a child care program or residential child care;
288          (51) unless otherwise classified as public under Section 63G-2-301 and except as
289     provided under Section 41-1a-116, an individual's home address, home telephone number, or
290     personal mobile phone number, if:
291          (a) the individual is required to provide the information in order to comply with a law,
292     ordinance, rule, or order of a government entity; and
293          (b) the subject of the record has a reasonable expectation that this information will be
294     kept confidential due to:
295          (i) the nature of the law, ordinance, rule, or order; and
296          (ii) the individual complying with the law, ordinance, rule, or order;
297          (52) the name, home address, work addresses, and telephone numbers of an individual
298     that is engaged in, or that provides goods or services for, medical or scientific research that is:
299          (a) conducted within the state system of higher education, as defined in Section
300     53B-1-102; and
301          (b) conducted using animals;
302          (53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
303     Private Proposal Program, to the extent not made public by rules made under that chapter;
304          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
305     Evaluation Commission concerning an individual commissioner's vote on whether or not to
306     recommend that the voters retain a judge;

307          (55) information collected and a report prepared by the Judicial Performance
308     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
309     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
310     the information or report;
311          (56) records contained in the Management Information System created in Section
312     62A-4a-1003;
313          (57) records provided or received by the Public Lands Policy Coordinating Office in
314     furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
315          (58) information requested by and provided to the 911 Division under Section
316     63H-7a-302;
317          (59) in accordance with Section 73-10-33:
318          (a) a management plan for a water conveyance facility in the possession of the Division
319     of Water Resources or the Board of Water Resources; or
320          (b) an outline of an emergency response plan in possession of the state or a county or
321     municipality;
322          (60) the following records in the custody or control of the Office of Inspector General
323     of Medicaid Services, created in Section 63A-13-201:
324          (a) records that would disclose information relating to allegations of personal
325     misconduct, gross mismanagement, or illegal activity of a person if the information or
326     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
327     through other documents or evidence, and the records relating to the allegation are not relied
328     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
329     report or final audit report;
330          (b) records and audit workpapers to the extent they would disclose the identity of a
331     person who, during the course of an investigation or audit, communicated the existence of any
332     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
333     regulation adopted under the laws of this state, a political subdivision of the state, or any
334     recognized entity of the United States, if the information was disclosed on the condition that
335     the identity of the person be protected;
336          (c) before the time that an investigation or audit is completed and the final
337     investigation or final audit report is released, records or drafts circulated to a person who is not

338     an employee or head of a governmental entity for the person's response or information;
339          (d) records that would disclose an outline or part of any investigation, audit survey
340     plan, or audit program; or
341          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
342     investigation or audit;
343          (61) records that reveal methods used by the Office of Inspector General of Medicaid
344     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
345     abuse;
346          (62) information provided to the Department of Health or the Division of Occupational
347     and Professional Licensing under Subsection 58-68-304(3) or (4);
348          (63) a record described in Section 63G-12-210;
349          (64) captured plate data that is obtained through an automatic license plate reader
350     system used by a governmental entity as authorized in Section 41-6a-2003; [and]
351          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
352     victim, including:
353          (a) a victim's application or request for benefits;
354          (b) a victim's receipt or denial of benefits; and
355          (c) any administrative notes or records made or created for the purpose of, or used to,
356     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
357     Reparations Fund[.]; and
358          (66) an audio or video recording created by a body-worn camera, as that term is
359     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
360     facility as those terms are defined in Section 78B-3-403, Ĥ→ [
or] ←Ĥ inside a clinic of a
360a     health care
361     provider, as that term is defined in Section 78B-3-403, Ĥ→ or inside a human service program as
361a     that term is defined in Subsection 62A-2-101(19)(a)(vi), ←Ĥ except for recordings that:
362          (a) depict the commission of an alleged crime;
363          (b) record any encounter between a law enforcement officer and a person that results in
364     death or bodily injury, or includes an instance when an officer fires a weapon;
365          (c) record any encounter that is the subject of a complaint or a legal proceeding against
366     a law enforcement officer or law enforcement agency;
367          (d) contain an officer involved critical incident as defined in Subsection
368     76-2-408(1)(d); or

369          (e) have been requested for reclassification as a public record by a subject or
370     authorized agent of a subject featured in the recording.
371          Section 2. Section 77-7a-102 is amended to read:
372          77-7a-102. Body-worn cameras -- Written policies and procedures.
373          (1) Any law enforcement agency that uses body-worn cameras shall have a written
374     policy governing the use of body-worn cameras that is consistent with the provisions of this
375     chapter.
376          (2) (a) Any written policy regarding the use of body-worn cameras by a law
377     enforcement agency shall, at a minimum:
378          (i) comply with and include the requirements in this chapter; and
379          (ii) address the security, storage, and maintenance of data collected from body-worn
380     cameras.
381          (b) [This] Except as provided in Subsection 77-7a-104(11), this chapter does not
382     prohibit a law enforcement agency from adopting body-worn camera policies that are more
383     expansive than the minimum guidelines provided in this chapter.
384          (3) This chapter does not require an officer to jeopardize the safety of the public, other
385     law enforcement officers, or himself or herself in order to activate or deactivate a body-worn
386     camera.
387          Section 3. Section 77-7a-104 is amended to read:
388          77-7a-104. Activation and use of body-worn cameras.
389          (1) An officer using a body-worn camera shall verify that the equipment is properly
390     functioning as is reasonably within the officer's ability.
391          (2) An officer shall report any malfunctioning equipment to the officer's supervisor if:
392          (a) the body-worn camera issued to the officer is not functioning properly upon initial
393     inspection; or
394          (b) an officer determines that the officer's body-worn camera is not functioning
395     properly at any time while the officer is on duty.
396          (3) An officer shall wear the body-worn camera so that it is clearly visible to the person
397     being recorded.
398          (4) An officer shall activate the body-worn camera prior to any law enforcement
399     encounter, or as soon as reasonably possible.

400          (5) An officer shall record in an uninterrupted manner until after the conclusion of a
401     law enforcement encounter, except as an interruption of a recording is allowed under this
402     section.
403          (6) When going on duty and off duty, an officer who is issued a body-worn camera
404     shall record the officer's name, identification number, and the current time and date, unless the
405     information is already available due to the functionality of the body-worn camera.
406          (7) If a body-worn camera was present during a law enforcement encounter, the officer
407     shall document the presence of the body-worn camera in any report or other official record of a
408     contact.
409          (8) When a body-worn camera has been activated, the officer may not deactivate the
410     body-worn camera until the officer's direct participation in the law enforcement encounter is
411     complete, except as provided in Subsection (9).
412          (9) An officer may deactivate a body-worn camera:
413          (a) to consult with a supervisor or another officer;
414          (b) during a significant period of inactivity; and
415          (c) during a conversation with a sensitive victim of crime, a witness of a crime, or an
416     individual who wishes to report or discuss criminal activity if:
417          (i) the individual who is the subject of the recording requests that the officer deactivate
418     the officer's body-worn camera; and
419          (ii) the officer believes that the value of the information outweighs the value of the
420     potential recording and records the request by the individual to deactivate the body-worn
421     camera.
422          (10) If an officer deactivates a body-worn camera, the officer shall document the
423     reason for deactivating a body-worn camera in a written report.
424          (11) (a) For purposes of this Subsection (11):
425          (i) "Health care facility" means the same as that term is defined in Section 78B-3-403.
426          (ii) "Health care provider" means the same as that term is defined in Section
427     78B-3-403.
428          (iii) "Hospital" means the same as that term is defined in Section 78B-3-403.
428a      Ĥ→ (iv) "Human service program" means the same as that term is defined in
428b     Subsection 62A-2-101(19)(a)(vi). ←Ĥ
429          (b) An officer may not activate a body-worn camera in a hospital, health care facility,
429a     Ĥ→ human service program, ←Ĥ
430     or the clinic of a health care provider, except during a law enforcement encounter, and with
431     notice under Section 77-7a-105.
432          Section 4. Section 77-7a-105 is amended to read:
433          77-7a-105. Notice and privacy.
434          (1) [When an] An officer with a body-worn camera [enters a private residence, the
435     officer] shall give notice, when reasonable under the circumstances[,]:
436          (a) to:
437          (i) the occupants of [the] a private residence [that] in which the officer enters and in
438     which a body-worn camera is in use; or
439          (ii) a health care provider present at a hospital, a health care facility, Ĥ→ human service
439a     program, ←Ĥ or a health care
440     provider's clinic in which the officer enters and in which a body-worn camera is in use; and
441          (b) either by:
442          [(a)] (i) wearing a body-worn camera in a clearly visible manner; or
443          [(b)] (ii) giving an audible notice that the officer is using a body-worn camera.
444          (2) An agency shall make the agency's policies regarding the use of body-worn cameras
445     available to the public, and shall place the policies on the agency's public website when
446     possible.






Legislative Review Note
Office of Legislative Research and General Counsel