Bill Text: IA SF2174 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the access to and retention of peace officer body camera data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-15 - Subcommittee, Sodders, Kinney, and Whitver. S.J. 229. [SF2174 Detail]
Download: Iowa-2015-SF2174-Introduced.html
Senate File 2174 - Introduced SENATE FILE BY COURTNEY A BILL FOR 1 An Act relating to the access to and retention of peace officer 2 body camera data. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5938XS (5) 86 jm/rj PAG LIN 1 1 Section 1. NEW SECTION. 80C.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Body camera" means an electronic device that is capable 1 5 of recording video and audio data or capable of transmitting 1 6 video and audio data to be recorded remotely, and is worn on 1 7 the person of a peace officer, which includes being attached to 1 8 the officer's clothing or worn on eyeglasses. 1 9 2. "Peace officer" means a peace officer defined in section 1 10 801.4, subsection 11, paragraph "a", "b", "c", "f", "g", "h", 1 11 or "i", or a certified law enforcement officer under section 1 12 80B.18. 1 13 3. "Subject of the data" means a person whose image or voice 1 14 is recorded by a body camera. 1 15 Sec. 2. NEW SECTION. 80C.2 Body cameras == peace officers. 1 16 1. Except as otherwise provided in this section, a law 1 17 enforcement agency that employs a peace officer whose body 1 18 camera records body camera data shall retain the data for six 1 19 months from the date it was recorded, after which time the data 1 20 shall be permanently deleted. 1 21 2. Body camera data shall be automatically retained for at 1 22 least two years from the date of the recording under any of the 1 23 following circumstances: 1 24 a. The data involves any use of force. 1 25 b. The data involves events leading up to and including an 1 26 arrest or detention of a person. 1 27 c. The data involves an encounter about which a formal or 1 28 informal complaint has been registered by a subject of the 1 29 data. 1 30 d. The peace officer whose body camera recorded the data 1 31 voluntarily requests retention if that officer reasonably 1 32 asserts that the data has evidentiary or exculpatory value. 1 33 e. A peace officer, who is a subject of the data recorded 1 34 by another peace officer's body camera, and who voluntarily 1 35 requests retention of the data if that officer reasonably 2 1 asserts that the data has evidentiary or exculpatory value. 2 2 f. A superior peace officer who requests retention of the 2 3 data if that officer reasonably asserts that the data has 2 4 evidentiary or exculpatory value. 2 5 g. A peace officer who voluntarily requests retention of the 2 6 data if the data is being retained solely and exclusively for 2 7 law enforcement training purposes. 2 8 h. A member of the public who is a subject of the data who 2 9 voluntarily requests retention of the data. 2 10 i. A parent or legal guardian of a minor who is a subject of 2 11 the data who voluntarily requests retention of the data. 2 12 j. An immediate family member or legally authorized 2 13 designee of a deceased person who is a subject of the data who 2 14 voluntarily requests retention of the data. 2 15 3. To effectuate this section, a member of the public who is 2 16 a subject of the body camera data, the parent or legal guardian 2 17 of a minor who is a subject of body camera data, or an immediate 2 18 family member or legally authorized designee of a deceased 2 19 person who is subject of the data shall be permitted to review 2 20 that specific body camera data in order to make a determination 2 21 as to whether to voluntarily request that the data be subject 2 22 to the retention period of at least two years under subsection 2 23 2. 2 24 4. Notwithstanding section 22.7, subsection 5, body camera 2 25 data involving any use of force by a peace officer shall be 2 26 public record not exempt from public examination. 2 27 5. Notwithstanding section 22.7, subsection 5, any of the 2 28 following persons may examine, obtain a copy of, publish, and 2 29 disseminate body camera data under section 22.2: 2 30 a. A person who is a subject of the data or the person's 2 31 attorney. 2 32 b. A parent or legal guardian of a person who is a minor 2 33 who is a subject of the data or the attorney for the parent or 2 34 legal guardian. 2 35 c. An immediate family member or legally authorized designee 3 1 of a deceased person who is a subject of the data or the 3 2 attorney for the immediate family member or legally authorized 3 3 designee. 3 4 d. Any other person seeking data if the person who is a 3 5 subject of the data, or the attorney for the person who is a 3 6 subject of the data, has given written authority to the law 3 7 enforcement agency to disclose the data to that other person, 3 8 unless the subject of the data is a minor. 3 9 e. Any other person seeking data if the parent or legal 3 10 guardian of a minor who is a subject of the data, or the 3 11 attorney for the parent or legal guardian, has given written 3 12 authority to the law enforcement agency to disclose the data to 3 13 that other person. 3 14 f. Any other person seeking data of a deceased person who is 3 15 a subject of the data if the immediate family member or legally 3 16 authorized designee of the deceased person or the attorney for 3 17 the immediate family member or legally authorized designee 3 18 has given written authority to the law enforcement agency to 3 19 disclose the data to that other person. 3 20 6. A peace officer shall not review or receive an accounting 3 21 of any body camera data that involves any use of force and is 3 22 subject to the retention period of at least two years under 3 23 subsection 2, prior to the peace officer's completion of any 3 24 required initial reports, statements, and interviews regarding 3 25 the recorded event. 3 26 7. A law enforcement agency shall not use or divulge body 3 27 camera data for any commercial or other non=law enforcement 3 28 purpose. 3 29 8. A law enforcement agency may authorize a third party to 3 30 act as its agent in maintaining body camera data, provided that 3 31 the agent shall not be permitted to independently examine or 3 32 alter any data, except to delete data as required by law or 3 33 agency retention policies. 3 34 9. This chapter shall not be construed to contravene any 3 35 laws governing the maintenance and destruction of evidence in a 4 1 criminal investigation or prosecution. 4 2 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 3 3, shall not apply to this Act. 4 4 EXPLANATION 4 5 The inclusion of this explanation does not constitute agreement with 4 6 the explanation's substance by the members of the general assembly. 4 7 This bill relates to access to and retention of peace officer 4 8 body camera data. 4 9 The bill defines "body camera" to mean an electronic device 4 10 that is capable of recording video and audio data or capable of 4 11 transmitting video or audio data to be recorded remotely, and 4 12 is worn on the person of a peace officer. 4 13 The bill defines "peace officer" to mean a peace officer 4 14 defined in Code section 801.4(11)(a), (b), (c), (f), (g), (h), 4 15 or (i), which excludes a parole or probation officer. 4 16 The bill does not require a law enforcement agency or peace 4 17 officers to use body cameras. However, if a law enforcement 4 18 agency uses body cameras, the bill sets out a process to retain 4 19 the body camera data and to provide access to the data. 4 20 The bill provides as a general rule that a law enforcement 4 21 agency that employs a peace officer whose body camera records 4 22 body camera data shall retain the data for six months from the 4 23 date it was recorded, after such time the body camera data 4 24 shall be permanently deleted. 4 25 The bill requires that body camera data shall be 4 26 automatically retained for at least two years from the date 4 27 of the recording under the following circumstances: the data 4 28 involves any use of force; the data involves events leading 4 29 up to and including an arrest or detention of a person; the 4 30 data involves an encounter about which a formal or informal 4 31 complaint has been registered; the peace officer whose body 4 32 camera recorded the data voluntarily requests retention if 4 33 that officer reasonably asserts the data has evidentiary or 4 34 exculpatory value; a peace officer, who is a subject of the 4 35 data recorded by another peace officer's body camera, and who 5 1 voluntarily requests retention, if that officer reasonably 5 2 asserts that the data has evidentiary or exculpatory value; 5 3 a superior peace officer who requests retention of data if 5 4 that superior peace officer reasonably asserts that the data 5 5 has evidentiary or exculpatory value; a peace officer who 5 6 voluntarily requests retention if the data is being retained 5 7 solely and exclusively for law enforcement training purposes; 5 8 a member of the public who is a subject of the data who 5 9 voluntarily requests retention; a parent or legal guardian of 5 10 a minor who is a subject of the data who voluntarily requests 5 11 retention; or a deceased person's immediate family member or 5 12 legally authorized designee who voluntarily requests retention. 5 13 The bill specifies that body camera data involving any use of 5 14 force by a peace officer shall be a public record and shall not 5 15 be exempt from public examination. 5 16 The bill provides that the following persons may examine, 5 17 obtain a copy of, and disseminate body camera data: a person 5 18 who is a subject of the data or the person's attorney; a parent 5 19 or legal guardian of a person who is a minor who is a subject 5 20 of the data, or the attorney for the parent or legal guardian; 5 21 the immediate family member or legally authorized designee of a 5 22 deceased person who is a subject of the data, or the attorney 5 23 for the immediate family member or legally authorized designee; 5 24 any other person seeking data, if the person who is a subject 5 25 of the data, or the attorney for the person who is a subject of 5 26 the data, has given written authority to the law enforcement 5 27 agency to disclose the data to that other person, unless the 5 28 subject of the data is a minor; any other person seeking data, 5 29 if the parent or legal guardian of a minor who is a subject of 5 30 the data, or the attorney for the parent or legal guardian, 5 31 has given written authority to the law enforcement agency to 5 32 disclose the data to that other person; or any other person 5 33 seeking data of a deceased person who is a subject of the data, 5 34 if the immediate family member or legally authorized designee 5 35 of the deceased person, or the attorney for the immediate 6 1 family member or legally authorized designee, has given written 6 2 authority to the law enforcement agency to disclose the data to 6 3 that other person. 6 4 The bill prohibits a peace officer from reviewing or 6 5 receiving an accounting of any body camera data that involves 6 6 any use of force and is subject to a minimum two=year retention 6 7 period under the bill, prior to completing any required initial 6 8 reports, statements, and interviews regarding the recorded 6 9 event. 6 10 The bill prohibits a law enforcement agency from using or 6 11 divulging body camera data for commercial or other non=law 6 12 enforcement purposes. 6 13 The bill allows a law enforcement agency to authorize a third 6 14 party to act as its agent in maintaining body camera data, 6 15 provided that the agent shall not be permitted to independently 6 16 examine or alter any data, except to delete data as required by 6 17 law or agency retention policies. 6 18 The bill specifies that any member of the public who 6 19 is a subject of the body camera data, the parent or legal 6 20 guardian of a minor who is a subject of body camera data, or a 6 21 deceased person's immediate family member or legally authorized 6 22 designee, shall be permitted to review that specific body 6 23 camera data in order to make a determination as to whether to 6 24 voluntarily request that the body camera data be subject to a 6 25 two=year retention period under the bill. 6 26 The bill may include a state mandate as defined in Code 6 27 section 25B.3. The bill makes inapplicable Code section 25B.2, 6 28 subsection 3, which would relieve a political subdivision from 6 29 complying with a state mandate if funding for the cost of 6 30 the state mandate is not provided or specified. Therefore, 6 31 political subdivisions are required to comply with any state 6 32 mandate included in the bill. LSB 5938XS (5) 86 jm/rj
