1     
LAW ENFORCEMENT BODY CAMERA FOOTAGE

2     
AMENDMENTS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Paul Ray

6     
Senate Sponsor: Daniel W. Thatcher

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions regarding the release of recordings made by body cameras
11     worn by law enforcement officers.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that any release of recordings made by a body camera that is worn by a law
15     enforcement officer shall be subject to the Government Records Access and
16     Management Act;
17          ▸     allows a requestor to immediately appeal to a district court any denial of access to a
18     recording if that denial is based solely on the grounds of a pending criminal action;
19     and
20          ▸     provides that a respondent government entity has five business days to request that
21     an appeal be assigned to the same judge who has jurisdiction over the pending
22     criminal case related to the requested recordings.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          77-7a-107, as enacted by Laws of Utah 2016, Chapter 410
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 77-7a-107 is amended to read:
33          77-7a-107. Retention and release of recordings.
34          (1) Any recording made by an officer while on duty or acting in the officer's official
35     capacity as a law enforcement officer shall be retained in accordance with applicable federal,
36     state, and local laws.
37          (2) Any release of recordings made by an officer while on duty or acting in the officer's
38     official capacity as a law enforcement officer shall be subject to Title 63G, Chapter 2,
39     Government Records Access and Management Act.
40          (a) Notwithstanding any other provision in state or local law, a person who requests
41     access to the recordings may immediately appeal to a district court, as provided in Section
42     63G-2-404, any denial of access to a recording based solely on Subsection 63G-2-305(10)(b) or
43     (c) due to a pending criminal action that has been filed in a court of competent jurisdiction.
44          (b) The respondent governmental entity or political subdivision may, within five
45     business days after the appeal petition is served, request that the petition be assigned to the
46     same judge, if applicable, as is assigned to the pending criminal action.






Legislative Review Note
Office of Legislative Research and General Counsel