Bill Text: IA HF77 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring certain peace officers, including tribal law enforcement officers, to wear and use a body camera and providing remedies.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2017-01-23 - Introduced, referred to Public Safety. H.J. 105. [HF77 Detail]
Download: Iowa-2017-HF77-Introduced.html
House File 77 - Introduced HOUSE FILE BY HUNTER, KEARNS, KACENA, and BENNETT A BILL FOR 1 An Act requiring certain peace officers, including tribal law 2 enforcement officers, to wear and use a body camera and 3 providing remedies. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1808YH (4) 87 jm/rj PAG LIN 1 1 Section 1. Section 22.7, subsection 5, Code 2017, is amended 1 2 to read as follows: 1 3 5. Peace officers' investigative reports, and specific 1 4 portions of electronic mail and telephone billing records of 1 5 law enforcement agencies if that information is part of an 1 6 ongoing investigation, except where disclosure is authorized 1 7 elsewhere in this Code. However, the date, time, specific 1 8 location, and immediate facts and circumstances surrounding a 1 9 crime or incident shall not be kept confidential under this 1 10 section, except in those unusual circumstances where disclosure 1 11 would plainly and seriously jeopardize an investigation or pose 1 12 a clear and present danger to the safety of an individual. 1 13 Specific portions of electronic mail and telephone billing 1 14 records may only be kept confidential under this subsection if 1 15 the length of time prescribed for commencement of prosecution 1 16 or the finding of an indictment or information under the 1 17 statute of limitations applicable to the crime that is under 1 18 investigation has not expired. The contents of a peace officer 1 19 body camera recording shall be a public record. However, the 1 20 release of the contents of such a recording shall be governed 1 21 by section 80C.1. 1 22 Sec. 2. NEW SECTION. 80C.1 Peace officer body cameras ==== 1 23 requirement ==== confidentiality ==== disclosure ==== retention. 1 24 1. As used in this section, unless the context otherwise 1 25 requires: 1 26 a. "Agency" means a law enforcement agency. 1 27 b. "Body camera" means an electronic device that is capable 1 28 of recording video and audio data or capable of transmitting 1 29 video and audio data to be recorded remotely, and is worn on 1 30 the person of a peace officer, which includes being attached to 1 31 the officer's clothing or worn on eyeglasses. 1 32 c. "Peace officer" means a peace officer defined in section 1 33 801.4, subsection 11, paragraph "a", "b", "c", "f", "g", "h", 1 34 or "i", or a certified law enforcement officer under section 1 35 80B.18. 2 1 2. A peace officer shall wear a body camera at all times 2 2 while on duty and in uniform and shall record using the body 2 3 camera all interactions with people in the performance of the 2 4 official duties of the peace officer from the beginning to the 2 5 end of those interactions. 2 6 3. A body camera shall be worn on the chest or at the eye 2 7 level of the peace officer. 2 8 4. A body camera shall not contain facial recognition 2 9 technology unless the use of such technology has been 2 10 authorized by the court pursuant to an arrest warrant or a 2 11 search warrant. 2 12 5. A peace officer shall inform a person when that person 2 13 is being recorded by a body camera unless informing the person 2 14 would be unsafe, impractical, or impossible. 2 15 a. If a peace officer wearing a body camera enters a 2 16 residence without a warrant or where no exigent circumstances 2 17 exist, the peace officer shall immediately ask whether a 2 18 resident desires the peace officer to stop the body camera 2 19 recording while the peace officer is in the residence. If the 2 20 resident responds in the affirmative, the peace officer shall 2 21 stop the body camera recording. The peace officer shall record 2 22 the question required to be asked by this paragraph and any 2 23 answer to the question. 2 24 b. If a peace officer wearing a body camera interacts with 2 25 a person reporting a crime, providing information regarding 2 26 a crime or ongoing investigation, or claiming to be a victim 2 27 of a crime, the peace officer shall immediately ask whether 2 28 the person desires the peace officer to stop the body camera 2 29 recording of the interaction. If the person responds in the 2 30 affirmative, the peace officer shall stop the body camera 2 31 recording. The peace officer shall record the question 2 32 required to be asked by this paragraph and any answer to the 2 33 question. 2 34 6. a. Except as otherwise provided in this subsection, an 2 35 agency shall retain the contents of a recording created by a 3 1 body camera for thirty days. 3 2 b. An agency shall retain the contents of a recording 3 3 created by a body camera for a period of three years beginning 3 4 on the date of the recording if any of the following apply: 3 5 (1) The recording depicts an incident involving the use of 3 6 force. 3 7 (2) The recording depicts an incident that leads to 3 8 detention or arrest of a person. 3 9 (3) The recording is relevant to a formal or informal 3 10 complaint against a peace officer or agency. 3 11 (4) A request regarding the recording has been made pursuant 3 12 to paragraph "e". 3 13 c. If the contents of a recording created by a body camera 3 14 may be used in a criminal prosecution, the agency shall retain 3 15 the contents of such recording in the same manner as other 3 16 evidence in the criminal prosecution and the time period to 3 17 retain the contents of the recording under paragraph "a" or "b" 3 18 shall be extended to equal the time period for the retention of 3 19 other evidence that may be use in the criminal prosecution. 3 20 d. An agency shall post on the public internet site of the 3 21 agency its policies relating to the retention of recordings 3 22 created by body cameras, requests for the retention of the 3 23 recordings, and requests for copies of such recordings. 3 24 e. (1) Any of the following persons may make a request 3 25 that the contents of a recording created by a body camera be 3 26 retained by the agency for the period of time set out under 3 27 paragraph "b": 3 28 (a) A person who is part of the contents of the recording. 3 29 (b) A person whose property has been seized or damaged in 3 30 relation to, or is otherwise involved with, a crime that is 3 31 related to the recording. 3 32 (c) A parent or legal guardian of a person described in 3 33 subparagraph division (a) or (b). 3 34 (d) An attorney for a person described in subparagraph 3 35 division (a) or (b). 4 1 (e) Any other person if the person described in subparagraph 4 2 division (a) or (b) has given written authority to the agency 4 3 to disclose the contents of the recording to the other person. 4 4 (2) Such person making such a request is not required to 4 5 file a complaint and the contents of the recording are not 4 6 required to be part of an investigation in order for a person 4 7 to make such a request. 4 8 (3) A person making such a request may view and make or 4 9 request a copy of the contents of a recording created by a body 4 10 camera. The agency retaining the contents of the recording 4 11 shall provide such a person with a copy of the requested 4 12 recording. 4 13 f. A person, who is not a part of the contents of a 4 14 recording created by a body camera, may request a copy of such 4 15 recording. Before the request is granted, each person who is 4 16 part of the contents of the recording shall be notified of 4 17 the request and may object to the request. If no objection 4 18 is made, the agency shall make available to the requesting 4 19 party a copy of the contents of the recording. If an objection 4 20 is made, the objecting party has thirty days to petition the 4 21 district court to order that the contents of the recording not 4 22 be released, otherwise the contents of the recording shall be 4 23 released. 4 24 g. Prior to deleting or disposing of the contents of a 4 25 recording created by a body camera, the person who has the 4 26 responsibility of deleting or disposing of such a recording on 4 27 behalf of the agency, shall review all applicable and available 4 28 records, files, and databases to ascertain whether any reason 4 29 exists that the recording should not be deleted or disposed of 4 30 under this section or under the policies of the agency. The 4 31 contents of such a recording shall not be deleted or disposed 4 32 of if such a reason exists. 4 33 7. A peace officer who fails to record any interaction as 4 34 required by this section or who fails to stop recording an 4 35 interaction as required by this section shall be considered 5 1 to have committed a violation of this section. For a first 5 2 violation a peace officer shall be given a written reprimand. 5 3 For a second or subsequent violation the peace officer shall 5 4 be suspended until an investigation into the cause of the 5 5 violation has been completed. 5 6 8. If during a criminal prosecution or civil action an 5 7 agency is unable to produce a body camera recording required 5 8 to be made and retained pursuant to this section, a rebuttable 5 9 presumption arises that the recording would corroborate the 5 10 version of the facts advanced by the defendant in the criminal 5 11 action or the party opposing the peace officer or agency in the 5 12 civil action. 5 13 9. An agency shall participate in any existing state or 5 14 federal programs that fund or supplement the costs to purchase 5 15 and maintain body cameras worn by peace officers. 5 16 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 17 3, shall not apply to this Act. 5 18 EXPLANATION 5 19 The inclusion of this explanation does not constitute agreement with 5 20 the explanation's substance by the members of the general assembly. 5 21 This bill requires certain peace officers, including tribal 5 22 law enforcement officers, to wear and use a body camera. 5 23 The bill defines "agency" to mean a law enforcement agency. 5 24 The bill defines "body camera" to mean an electronic device 5 25 that is capable of recording video and audio data or capable of 5 26 transmitting video and audio data to be recorded remotely, and 5 27 is worn on the person of a peace officer. 5 28 The contents of the body camera recording shall be a public 5 29 record and the release of the contents of such a recording 5 30 shall be governed by new Code section 801C.1 which is created 5 31 in the bill. 5 32 The body camera requirement applies to a county sheriff 5 33 or deputy sheriff, city peace officer, peace officer member 5 34 of the department of public safety, peace officer at a 5 35 regents institution, conservation officer, an employee of the 6 1 department of transportation designated as a peace officer, 6 2 an employee of an aviation authority designated as a peace 6 3 officer, and a certified tribal law enforcement officer. 6 4 The bill requires a peace officer to wear a body camera 6 5 at all times while on duty and in uniform. The bill further 6 6 requires that the peace officer record all interactions with 6 7 people in the performance of the official duties of the peace 6 8 officer from the beginning to the end of those interactions. 6 9 The bill specifies that a body camera must be worn on the 6 10 chest or at the eye level of the peace officer. 6 11 The bill prohibits a body camera from containing facial 6 12 recognition technology unless the use of such technology has 6 13 been authorized by the court pursuant to an arrest or search 6 14 warrant. 6 15 The bill requires a peace officer to inform a person when 6 16 that person is being recorded by a body camera unless informing 6 17 the person would be unsafe, impractical, or impossible. 6 18 If a peace officer who is wearing a body camera enters a 6 19 residence without a warrant or where no exigent circumstances 6 20 exist, the bill requires that the peace officer immediately ask 6 21 a resident whether the resident desires the peace officer to 6 22 stop the body camera recording while the peace officer is in 6 23 the residence. If the resident responds in the affirmative, 6 24 the bill requires the peace officer to stop the body camera 6 25 recording. The bill also requires the peace officer to record 6 26 the question and any answer to the question. 6 27 If a peace officer wearing a body camera interacts with a 6 28 person reporting a crime, providing information regarding a 6 29 crime or ongoing investigation, or claiming to be a victim of a 6 30 crime, the bill requires the peace officer to immediately ask 6 31 whether the person desires the peace officer to stop the body 6 32 camera recording of the interaction. If the person responds in 6 33 the affirmative, the bill requires the peace officer to stop 6 34 the body camera recording. The bill also requires the peace 6 35 officer to record the question and any answer to the question. 7 1 The bill requires that an agency shall retain the contents of 7 2 a recording created by a body camera for 30 days. However, an 7 3 agency shall retain the contents of a recording created by a 7 4 body camera for three years if any of the following apply: the 7 5 recording depicts an incident involving the use of force; the 7 6 recording depicts an incident that leads to detention or arrest 7 7 of a person; the recording is relevant to a formal or informal 7 8 complaint against a peace officer or agency; or a request by 7 9 an interested or authorized person has been made to retain the 7 10 recording. Under the bill, the contents of the recording may 7 11 be retained even longer than three years if the contents may be 7 12 relevant to a criminal prosecution. 7 13 Any of the following persons may make a request that the 7 14 contents of a recording created by a body camera be retained 7 15 for three years: a person who is a part of the contents of 7 16 the recording; a person whose property has been seized or 7 17 damaged in relation to, or is otherwise involved with, a crime 7 18 that is related to the recording; a parent or guardian of a 7 19 person who is part of the contents of the recording or whose 7 20 property was seized, damaged, or involved with a crime that 7 21 is related to the recording; the attorney for a person who is 7 22 part of the contents of the recording or whose property was 7 23 seized, damaged, or involved with a crime that is related to 7 24 the recording; any other person if such person has been given 7 25 written authority to disclose the contents of the recording 7 26 by the person who is part of the contents of the recording or 7 27 whose property was seized or damaged. 7 28 The bill provides that a person, who is not a part of the 7 29 contents of a recording created by a body camera, may request a 7 30 copy of such recording. Before the request is granted, each 7 31 person who is part of the contents of the recording shall be 7 32 notified of the request and may object to the request. If 7 33 no objection is made, the bill requires the agency to make 7 34 available to the requesting party a copy of the contents of 7 35 the recording. If an objection is made, the bill allows the 8 1 objecting party 30 days to petition the district court to order 8 2 that the contents not be released, otherwise the contents of 8 3 the recording shall be released. 8 4 Prior to deleting or disposing of the contents of a recording 8 5 created by a body camera, the bill requires the person who has 8 6 the responsibility of deleting or disposing of such a recording 8 7 on behalf of the agency to review all applicable and available 8 8 records, files, and databases to ascertain whether any reason 8 9 exists that the recording should not be disposed of or deleted. 8 10 A peace officer who fails to record any interaction with 8 11 a person or who fails to stop recording such interaction 8 12 as required by the bill commits a violation. For a first 8 13 violation of the bill a peace officer shall be given a written 8 14 reprimand. For a second or subsequent violation of the bill 8 15 the peace officer shall be suspended until an investigation 8 16 into the cause of the violation has been completed. 8 17 The bill also provides that if during a criminal prosecution 8 18 or civil action an agency is unable to produce a body camera 8 19 recording, a rebuttable presumption arises that the recording 8 20 would corroborate the version of the facts advanced by the 8 21 defendant in the criminal action or the party opposing the 8 22 peace officer or agency in the civil action. 8 23 The bill specifies that an agency shall participate in any 8 24 existing state or federal programs that fund or supplement 8 25 the costs to purchase and maintain body cameras worn by peace 8 26 officers. 8 27 The bill may include a state mandate as defined in Code 8 28 section 25B.3. The bill makes inapplicable Code section 25B.2, 8 29 subsection 3, which would relieve a political subdivision from 8 30 complying with a state mandate if funding for the cost of 8 31 the state mandate is not provided or specified. Therefore, 8 32 political subdivisions are required to comply with any state 8 33 mandate included in the bill. LSB 1808YH (4) 87 jm/rj
