Chief Sponsor: Francis D. Gibson

Senate Sponsor: Brian E. Shiozawa


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 or in certain human service programs; and
19               •     prohibits the activation of a body-worn camera in a health care setting or certain
20     human service programs unless the body-worn camera is activated for a law
21     enforcement encounter.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          63G-2-305, as last amended by Laws of Utah 2015, Chapters 147, 283, and 411
29          77-7a-102, as enacted by Laws of Utah 2016, Chapter 410

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

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

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

86          (d) in the case of records that would identify the appraisal or estimated value of
87     property, the potential sellers have already learned of the governmental entity's estimated value
88     of the property; or
89          (e) the property under consideration for public acquisition is a single family residence
90     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
91     the property as required under Section 78B-6-505;
92          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
93     compensated transaction of real or personal property including intellectual property, which, if
94     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
95     of the subject property, unless:
96          (a) the public interest in access is greater than or equal to the interests in restricting
97     access, including the governmental entity's interest in maximizing the financial benefit of the
98     transaction; or
99          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
100     the value of the subject property have already been disclosed to persons not employed by or
101     under a duty of confidentiality to the entity;
102          (10) records created or maintained for civil, criminal, or administrative enforcement
103     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
104     release of the records:
105          (a) reasonably could be expected to interfere with investigations undertaken for
106     enforcement, discipline, licensing, certification, or registration purposes;
107          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
108     proceedings;
109          (c) would create a danger of depriving a person of a right to a fair trial or impartial
110     hearing;
111          (d) reasonably could be expected to disclose the identity of a source who is not
112     generally known outside of government and, in the case of a record compiled in the course of
113     an investigation, disclose information furnished by a source not generally known outside of

114     government if disclosure would compromise the source; or
115          (e) reasonably could be expected to disclose investigative or audit techniques,
116     procedures, policies, or orders not generally known outside of government if disclosure would
117     interfere with enforcement or audit efforts;
118          (11) records the disclosure of which would jeopardize the life or safety of an
119     individual;
120          (12) records the disclosure of which would jeopardize the security of governmental
121     property, governmental programs, or governmental recordkeeping systems from damage, theft,
122     or other appropriation or use contrary to law or public policy;
123          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
124     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
125     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
126          (14) records that, if disclosed, would reveal recommendations made to the Board of
127     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
128     Board of Pardons and Parole, or the Department of Human Services that are based on the
129     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
130     jurisdiction;
131          (15) records and audit workpapers that identify audit, collection, and operational
132     procedures and methods used by the State Tax Commission, if disclosure would interfere with
133     audits or collections;
134          (16) records of a governmental audit agency relating to an ongoing or planned audit
135     until the final audit is released;
136          (17) records that are subject to the attorney client privilege;
137          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
138     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
139     quasi-judicial, or administrative proceeding;
140          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
141     from a member of the Legislature; and

142          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
143     legislative action or policy may not be classified as protected under this section; and
144          (b) (i) an internal communication that is part of the deliberative process in connection
145     with the preparation of legislation between:
146          (A) members of a legislative body;
147          (B) a member of a legislative body and a member of the legislative body's staff; or
148          (C) members of a legislative body's staff; and
149          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
150     legislative action or policy may not be classified as protected under this section;
151          (20) (a) records in the custody or control of the Office of Legislative Research and
152     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
153     legislation or contemplated course of action before the legislator has elected to support the
154     legislation or course of action, or made the legislation or course of action public; and
155          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
156     Office of Legislative Research and General Counsel is a public document unless a legislator
157     asks that the records requesting the legislation be maintained as protected records until such
158     time as the legislator elects to make the legislation or course of action public;
159          (21) research requests from legislators to the Office of Legislative Research and
160     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
161     in response to these requests;
162          (22) drafts, unless otherwise classified as public;
163          (23) records concerning a governmental entity's strategy about:
164          (a) collective bargaining; or
165          (b) imminent or pending litigation;
166          (24) records of investigations of loss occurrences and analyses of loss occurrences that
167     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
168     Uninsured Employers' Fund, or similar divisions in other governmental entities;
169          (25) records, other than personnel evaluations, that contain a personal recommendation

170     concerning an individual if disclosure would constitute a clearly unwarranted invasion of
171     personal privacy, or disclosure is not in the public interest;
172          (26) records that reveal the location of historic, prehistoric, paleontological, or
173     biological resources that if known would jeopardize the security of those resources or of
174     valuable historic, scientific, educational, or cultural information;
175          (27) records of independent state agencies if the disclosure of the records would
176     conflict with the fiduciary obligations of the agency;
177          (28) records of an institution within the state system of higher education defined in
178     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
179     retention decisions, and promotions, which could be properly discussed in a meeting closed in
180     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
181     the final decisions about tenure, appointments, retention, promotions, or those students
182     admitted, may not be classified as protected under this section;
183          (29) records of the governor's office, including budget recommendations, legislative
184     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
185     policies or contemplated courses of action before the governor has implemented or rejected
186     those policies or courses of action or made them public;
187          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
188     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
189     recommendations in these areas;
190          (31) records provided by the United States or by a government entity outside the state
191     that are given to the governmental entity with a requirement that they be managed as protected
192     records if the providing entity certifies that the record would not be subject to public disclosure
193     if retained by it;
194          (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
195     except as provided in Section 52-4-206;
196          (33) records that would reveal the contents of settlement negotiations but not including
197     final settlements or empirical data to the extent that they are not otherwise exempt from

198     disclosure;
199          (34) memoranda prepared by staff and used in the decision-making process by an
200     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
201     other body charged by law with performing a quasi-judicial function;
202          (35) records that would reveal negotiations regarding assistance or incentives offered
203     by or requested from a governmental entity for the purpose of encouraging a person to expand
204     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
205     person or place the governmental entity at a competitive disadvantage, but this section may not
206     be used to restrict access to a record evidencing a final contract;
207          (36) materials to which access must be limited for purposes of securing or maintaining
208     the governmental entity's proprietary protection of intellectual property rights including patents,
209     copyrights, and trade secrets;
210          (37) the name of a donor or a prospective donor to a governmental entity, including an
211     institution within the state system of higher education defined in Section 53B-1-102, and other
212     information concerning the donation that could reasonably be expected to reveal the identity of
213     the donor, provided that:
214          (a) the donor requests anonymity in writing;
215          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
216     classified protected by the governmental entity under this Subsection (37); and
217          (c) except for an institution within the state system of higher education defined in
218     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
219     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
220     over the donor, a member of the donor's immediate family, or any entity owned or controlled
221     by the donor or the donor's immediate family;
222          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
223     73-18-13;
224          (39) a notification of workers' compensation insurance coverage described in Section
225     34A-2-205;

226          (40) (a) the following records of an institution within the state system of higher
227     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
228     or received by or on behalf of faculty, staff, employees, or students of the institution:
229          (i) unpublished lecture notes;
230          (ii) unpublished notes, data, and information:
231          (A) relating to research; and
232          (B) of:
233          (I) the institution within the state system of higher education defined in Section
234     53B-1-102; or
235          (II) a sponsor of sponsored research;
236          (iii) unpublished manuscripts;
237          (iv) creative works in process;
238          (v) scholarly correspondence; and
239          (vi) confidential information contained in research proposals;
240          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
241     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
242          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
243          (41) (a) records in the custody or control of the Office of Legislative Auditor General
244     that would reveal the name of a particular legislator who requests a legislative audit prior to the
245     date that audit is completed and made public; and
246          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
247     Office of the Legislative Auditor General is a public document unless the legislator asks that
248     the records in the custody or control of the Office of Legislative Auditor General that would
249     reveal the name of a particular legislator who requests a legislative audit be maintained as
250     protected records until the audit is completed and made public;
251          (42) records that provide detail as to the location of an explosive, including a map or
252     other document that indicates the location of:
253          (a) a production facility; or

254          (b) a magazine;
255          (43) information:
256          (a) contained in the statewide database of the Division of Aging and Adult Services
257     created by Section 62A-3-311.1; or
258          (b) received or maintained in relation to the Identity Theft Reporting Information
259     System (IRIS) established under Section 67-5-22;
260          (44) information contained in the Management Information System and Licensing
261     Information System described in Title 62A, Chapter 4a, Child and Family Services;
262          (45) information regarding National Guard operations or activities in support of the
263     National Guard's federal mission;
264          (46) records provided by any pawn or secondhand business to a law enforcement
265     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
266     Secondhand Merchandise Transaction Information Act;
267          (47) information regarding food security, risk, and vulnerability assessments performed
268     by the Department of Agriculture and Food;
269          (48) except to the extent that the record is exempt from this chapter pursuant to Section
270     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
271     prepared or maintained by the Division of Emergency Management, and the disclosure of
272     which would jeopardize:
273          (a) the safety of the general public; or
274          (b) the security of:
275          (i) governmental property;
276          (ii) governmental programs; or
277          (iii) the property of a private person who provides the Division of Emergency
278     Management information;
279          (49) records of the Department of Agriculture and Food that provides for the
280     identification, tracing, or control of livestock diseases, including any program established under
281     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act or Title 4, Chapter 31, Control

282     of Animal Disease;
283          (50) as provided in Section 26-39-501:
284          (a) information or records held by the Department of Health related to a complaint
285     regarding a child care program or residential child care which the department is unable to
286     substantiate; and
287          (b) information or records related to a complaint received by the Department of Health
288     from an anonymous complainant regarding a child care program or residential child care;
289          (51) unless otherwise classified as public under Section 63G-2-301 and except as
290     provided under Section 41-1a-116, an individual's home address, home telephone number, or
291     personal mobile phone number, if:
292          (a) the individual is required to provide the information in order to comply with a law,
293     ordinance, rule, or order of a government entity; and
294          (b) the subject of the record has a reasonable expectation that this information will be
295     kept confidential due to:
296          (i) the nature of the law, ordinance, rule, or order; and
297          (ii) the individual complying with the law, ordinance, rule, or order;
298          (52) the name, home address, work addresses, and telephone numbers of an individual
299     that is engaged in, or that provides goods or services for, medical or scientific research that is:
300          (a) conducted within the state system of higher education, as defined in Section
301     53B-1-102; and
302          (b) conducted using animals;
303          (53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
304     Private Proposal Program, to the extent not made public by rules made under that chapter;
305          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
306     Evaluation Commission concerning an individual commissioner's vote on whether or not to
307     recommend that the voters retain a judge;
308          (55) information collected and a report prepared by the Judicial Performance
309     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter

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

338     investigation or final audit report is released, records or drafts circulated to a person who is not
339     an employee or head of a governmental entity for the person's response or information;
340          (d) records that would disclose an outline or part of any investigation, audit survey
341     plan, or audit program; or
342          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
343     investigation or audit;
344          (61) records that reveal methods used by the Office of Inspector General of Medicaid
345     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
346     abuse;
347          (62) information provided to the Department of Health or the Division of Occupational
348     and Professional Licensing under Subsection 58-68-304(3) or (4);
349          (63) a record described in Section 63G-12-210;
350          (64) captured plate data that is obtained through an automatic license plate reader
351     system used by a governmental entity as authorized in Section 41-6a-2003; [and]
352          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
353     victim, including:
354          (a) a victim's application or request for benefits;
355          (b) a victim's receipt or denial of benefits; and
356          (c) any administrative notes or records made or created for the purpose of, or used to,
357     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
358     Reparations Fund[.]; and
359          (66) an audio or video recording created by a body-worn camera, as that term is
360     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
361     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
362     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
363     that term is defined in Subsection 62A-2-101(19)(a)(vi), except for recordings that:
364          (a) depict the commission of an alleged crime;
365          (b) record any encounter between a law enforcement officer and a person that results in

366     death or bodily injury, or includes an instance when an officer fires a weapon;
367          (c) record any encounter that is the subject of a complaint or a legal proceeding against
368     a law enforcement officer or law enforcement agency;
369          (d) contain an officer involved critical incident as defined in Subsection
370     76-2-408(1)(d); or
371          (e) have been requested for reclassification as a public record by a subject or
372     authorized agent of a subject featured in the recording.
373          Section 2. Section 77-7a-102 is amended to read:
374          77-7a-102. Body-worn cameras -- Written policies and procedures.
375          (1) Any law enforcement agency that uses body-worn cameras shall have a written
376     policy governing the use of body-worn cameras that is consistent with the provisions of this
377     chapter.
378          (2) (a) Any written policy regarding the use of body-worn cameras by a law
379     enforcement agency shall, at a minimum:
380          (i) comply with and include the requirements in this chapter; and
381          (ii) address the security, storage, and maintenance of data collected from body-worn
382     cameras.
383          (b) [This] Except as provided in Subsection 77-7a-104(11), this chapter does not
384     prohibit a law enforcement agency from adopting body-worn camera policies that are more
385     expansive than the minimum guidelines provided in this chapter.
386          (3) This chapter does not require an officer to jeopardize the safety of the public, other
387     law enforcement officers, or himself or herself in order to activate or deactivate a body-worn
388     camera.
389          Section 3. Section 77-7a-104 is amended to read:
390          77-7a-104. Activation and use of body-worn cameras.
391          (1) An officer using a body-worn camera shall verify that the equipment is properly
392     functioning as is reasonably within the officer's ability.
393          (2) An officer shall report any malfunctioning equipment to the officer's supervisor if:

394          (a) the body-worn camera issued to the officer is not functioning properly upon initial
395     inspection; or
396          (b) an officer determines that the officer's body-worn camera is not functioning
397     properly at any time while the officer is on duty.
398          (3) An officer shall wear the body-worn camera so that it is clearly visible to the person
399     being recorded.
400          (4) An officer shall activate the body-worn camera prior to any law enforcement
401     encounter, or as soon as reasonably possible.
402          (5) An officer shall record in an uninterrupted manner until after the conclusion of a
403     law enforcement encounter, except as an interruption of a recording is allowed under this
404     section.
405          (6) When going on duty and off duty, an officer who is issued a body-worn camera
406     shall record the officer's name, identification number, and the current time and date, unless the
407     information is already available due to the functionality of the body-worn camera.
408          (7) If a body-worn camera was present during a law enforcement encounter, the officer
409     shall document the presence of the body-worn camera in any report or other official record of a
410     contact.
411          (8) When a body-worn camera has been activated, the officer may not deactivate the
412     body-worn camera until the officer's direct participation in the law enforcement encounter is
413     complete, except as provided in Subsection (9).
414          (9) An officer may deactivate a body-worn camera:
415          (a) to consult with a supervisor or another officer;
416          (b) during a significant period of inactivity; and
417          (c) during a conversation with a sensitive victim of crime, a witness of a crime, or an
418     individual who wishes to report or discuss criminal activity if:
419          (i) the individual who is the subject of the recording requests that the officer deactivate
420     the officer's body-worn camera; and
421          (ii) the officer believes that the value of the information outweighs the value of the

422     potential recording and records the request by the individual to deactivate the body-worn
423     camera.
424          (10) If an officer deactivates a body-worn camera, the officer shall document the
425     reason for deactivating a body-worn camera in a written report.
426          (11) (a) For purposes of this Subsection (11):
427          (i) "Health care facility" means the same as that term is defined in Section 78B-3-403.
428          (ii) "Health care provider" means the same as that term is defined in Section
429     78B-3-403.
430          (iii) "Hospital" means the same as that term is defined in Section 78B-3-403.
431          (iv) "Human service program" means the same as that term is defined in Subsection
432     62A-2-101(19)(a)(vi).
433          (b) An officer may not activate a body-worn camera in a hospital, health care facility,
434     human service program, or the clinic of a health care provider, except during a law
435     enforcement encounter, and with notice under Section 77-7a-105.
436          Section 4. Section 77-7a-105 is amended to read:
437          77-7a-105. Notice and privacy.
438          (1) [When an] An officer with a body-worn camera [enters a private residence, the
439     officer] shall give notice, when reasonable under the circumstances[,]:
440          (a) to:
441          (i) the occupants of [the] a private residence [that] in which the officer enters and in
442     which a body-worn camera is in use; or
443          (ii) a health care provider present at a hospital, a health care facility, human service
444     program, or a health care provider's clinic in which the officer enters and in which a body-worn
445     camera is in use; and
446          (b) either by:
447          [(a)] (i) wearing a body-worn camera in a clearly visible manner; or
448          [(b)] (ii) giving an audible notice that the officer is using a body-worn camera.
449          (2) An agency shall make the agency's policies regarding the use of body-worn cameras

450     available to the public, and shall place the policies on the agency's public website when
451     possible.