Bill Text: IA HSB141 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the confidentiality of peace officer body camera data under Iowa's open records law.

Spectrum: Committee Bill

Status: (N/A - Dead) 2019-02-12 - Subcommittee Meeting: 02/14/2019 9:00AM House Lounge. [HSB141 Detail]

Download: Iowa-2019-HSB141-Introduced.html
House Study Bill 141 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA PUBLIC INFORMATION BOARD BILL) A BILL FOR An Act relating to the confidentiality of peace officer body 1 camera data under Iowa’s open records law. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1069DP (3) 88 as/rh
S.F. _____ H.F. _____ Section 1. Section 22.7, Code 2019, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 5A. Body camera data, except as follows: 3 a. (1) If a subject of an encounter has a reasonable 4 expectation of privacy at the time of the encounter, any 5 contents of a body camera recording of the subject of the 6 encounter relating to the filing of a complaint, the discharge 7 of a firearm, the use of force, an arrest or detention, or an 8 action resulting in death or bodily harm shall be available for 9 inspection and copying if all of the following apply: 10 (a) The subject of the encounter captured on the recording 11 is a victim or witness. 12 (b) The lawful custodian obtains written permission from 13 the subject or the subject’s legal representative. 14 (2) The subject of an encounter referred to in subparagraph 15 (1) does not have a reasonable expectation of privacy if 16 the subject is arrested because of the encounter or matters 17 relating to the encounter. 18 b. Only recordings or portions of recordings responsive to 19 a request for access to the recording shall be available for 20 inspection or copying. 21 c. Any portion of a recording that identifies a subject 22 who is not a peace officer, a subject of the encounter, or a 23 subject directly involved in the encounter shall be redacted to 24 remove identifying information of the subject. 25 d. Any recording which is identified as relating to the 26 filing of a complaint, the discharge of a firearm, the use 27 of force, an arrest or detention, or an action resulting in 28 death or bodily harm shall be subject to inspection and copying 29 except as provided in paragraph “a” . 30 e. Upon request, a lawful custodian shall permit inspection 31 and copying of a recording by a subject of an encounter, 32 the subject's attorney, or a peace officer involved in the 33 encounter or depicted on the recording or the peace officer’s 34 legal representative. 35 -1- LSB 1069DP (3) 88 as/rh 1/ 4
S.F. _____ H.F. _____ f. For purposes of this subsection: 1 (1) “Body camera” means an electronic device that is capable 2 of recording video and audio data or capable of transmitting 3 video and audio data to be recorded remotely, and is worn on 4 the person of a peace officer, which includes being attached to 5 the officer’s clothing or worn on eyeglasses. 6 (2) “Encounter” includes but is not limited to traffic 7 stops, pedestrian stops, arrests, searches, interrogations, 8 investigations, pursuits, crowd control, traffic control, 9 interactions with persons while on patrol, or any other 10 instance involving a peace officer. 11 (3) “Peace officer” means a peace officer defined in section 12 801.4, subsection 11, paragraph “a” , “b” , “c” , “f” , “g” , “h” , 13 or “i” , or a certified law enforcement officer under section 14 80B.18. 15 (4) “Subject” means a person whose image or voice is 16 recorded by a body camera. 17 (5) “Witness” does not include a person who is a victim or 18 who was arrested because of the encounter or matters relating 19 to the encounter. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to access to peace officer body camera data 24 under the Iowa open records law. 25 The bill defines “body camera” to mean an electronic device 26 that is capable of recording video and audio data or capable of 27 transmitting video and audio data to be recorded remotely, and 28 is worn on the person of a peace officer, which includes being 29 attached to the officer’s clothing or worn on eyeglasses. 30 The bill defines “peace officer” to mean a peace officer 31 defined in Code section 801.4, subsection 11, paragraph “a”, 32 “b”, “c”, “f”, “g”, “h”, or “i”, or a certified law enforcement 33 officer under Code section 80B.18. 34 The bill defines “encounter” to include but not be limited 35 -2- LSB 1069DP (3) 88 as/rh 2/ 4
S.F. _____ H.F. _____ to traffic stops, pedestrian stops, arrests, searches, 1 interrogations, investigations, pursuits, crowd control, 2 traffic control, interactions with persons while on patrol, or 3 any other instance involving a peace officer. 4 The bill defines “subject” to mean a person whose image or 5 voice is recorded by a body camera. 6 The bill defines that “witness" does not include a person 7 who is a victim or who was arrested because of the encounter or 8 matters relating to the encounter. 9 The bill provides that body camera data is confidential and 10 not subject to inspection and copying except for body camera 11 data collected when a subject of an encounter has a reasonable 12 expectation of privacy and the recording relates to the filing 13 of a complaint, the discharge of a firearm, the use of force, 14 an arrest or detention, or an action resulting in death or 15 bodily harm, if the subject captured on the recording is a 16 victim or witness and gives their consent. The bill provides 17 that the subject of an encounter does not have a reasonable 18 expectation of privacy if the subject is arrested because of 19 the encounter or matters related to the encounter. 20 The bill provides that only recordings or portions of 21 recordings responsive to a request shall be available for 22 inspection or copying. Any recording disclosed shall be 23 redacted to remove identifying information of a subject who is 24 not a peace officer, a subject of the encounter, or a subject 25 directly involved in the encounter. 26 Any recording which is identified as relating to the filing 27 of a complaint, the discharge of a firearm, the use of force, 28 an arrest or detention, or an action resulting in death or 29 bodily harm, is subject to inspection and copying, except as 30 otherwise provided in the bill. 31 Upon request, a lawful custodian shall make a recording 32 available to the subject of an encounter the subject’s 33 attorney, or a peace officer involved in the encounter 34 or depicted on the recording or the officer’s legal 35 -3- LSB 1069DP (3) 88 as/rh 3/ 4
S.F. _____ H.F. _____ representative. 1 -4- LSB 1069DP (3) 88 as/rh 4/ 4
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