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
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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.
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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
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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
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