H.F. 292 Section 1. NEW SECTION . 80C.1 Peace officer body cameras —— 1 requirement —— confidentiality. 2 1. As used in this section unless the context otherwise 3 requires: 4 a. “Body camera” means an electronic device that is capable 5 of recording video and audio data or capable of transmitting 6 video and audio data to be recorded remotely, and is worn on 7 the person of a peace officer, which includes being attached to 8 the officer’s clothing or worn on glasses. 9 b. “Peace officer” means a peace officer defined in section 10 801.4, subsection 11, paragraphs “a” , “b” , “c” , “f” , “g” , “h” , 11 and “ i” . “Peace officer” also includes any person designated by 12 a school or school district to provide security at a public or 13 nonpublic school. 14 2. A peace officer shall wear a body camera at all times 15 while on duty and in uniform and shall record using the camera 16 all contacts with people in the performance of the official 17 duties of the peace officer from the beginning to the end of 18 those contacts. 19 3. A body camera shall be worn on the chest or at the eye 20 level of the peace officer. 21 4. A peace officer shall inform a person when that person 22 is being recorded by a body camera unless informing the person 23 would be unsafe, impractical, or impossible. 24 5. A recording created by a body camera shall be retained 25 for a period of at least two years from the date of the 26 recording. The recording shall be retained by the law 27 enforcement agency employing the peace officer or the public or 28 nonpublic school or school district that designates the peace 29 officer to provide security. 30 6. A peace officer who fails to record any contact 31 as required by this section shall be suspended until an 32 investigation into the cause of the recording failure has been 33 completed. 34 7. Section 22.7, subsection 5, does not apply to the 35 -1- LSB 1456YH (9) 86 jm/rj 1/ 3

H.F. 292 recording unless the recording is part of an ongoing criminal 1 investigation, and then the confidentiality only applies until 2 the conclusion of that investigation. 3 8. The law enforcement agency employing the peace officer 4 or the public or nonpublic school or school district that 5 designates the peace officer to provide security shall 6 participate in any existing state or federal programs that fund 7 or supplement the costs to purchase and maintain body cameras 8 worn by peace officers. 9 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 10 3, shall not apply to this Act. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill requires certain peace officers and school 15 security personnel to wear a body camera. 16 The bill defines “body camera” to mean an electronic device 17 that is capable of recording video and audio data or capable of 18 transmitting video and audio data to be recorded remotely, and 19 is worn on the person of a peace officer. 20 The body camera requirement applies to a county sheriff 21 or deputy sheriff, city peace officer, peace officer member 22 of the department of public safety, peace officer at a 23 regents institution, conservation officer, an employee of the 24 department of transportation designated as a peace officer, 25 an employee of an aviation authority designated as a peace 26 officer, and a person designated by a school or school district 27 to provide security at a public or nonpublic school. 28 The bill requires a peace officer to wear a body camera 29 at all times while on duty and in uniform. The bill further 30 requires that the peace officer record all contacts with people 31 in the performance of the official duties of the peace officer 32 from the beginning to the end of those contacts. 33 The bill specifies that a body camera must be worn on the 34 chest or at the eye level of the peace officer. 35 -2- LSB 1456YH (9) 86 jm/rj 2/ 3

H.F. 292 The bill requires a peace officer to inform a person when 1 that person is being recorded by a body camera unless informing 2 the person would be unsafe, impractical, or impossible. 3 The bill specifies that the recording created with a body 4 camera shall be retained for a period of at least two years 5 from the date of the recording. The recording shall be 6 retained by the law enforcement agency employing the peace 7 officer or the school district or public or private school that 8 designates the peace officer to provide security. 9 A peace officer who fails to record any contact as required 10 by the bill shall be suspended until an investigation into the 11 cause of the recording failure has been completed. 12 The bill provides that the recording is not a confidential 13 record unless the recording is part of an ongoing criminal 14 investigation, and then the confidentiality under the bill only 15 applies until the conclusion of that investigation. 16 The bill specifies that a law enforcement agency employing 17 the peace officer or the public or nonpublic school or school 18 district that designates the peace officer to provide security 19 shall participate in any existing state or federal programs 20 that fund or supplement the costs to purchase and maintain 21 body cameras worn by peace officers. 22 The bill may include a state mandate as defined in Code 23 section 25B.3. The bill makes inapplicable Code section 25B.2, 24 subsection 3, which would relieve a political subdivision from 25 complying with a state mandate if funding for the cost of 26 the state mandate is not provided or specified. Therefore, 27 political subdivisions are required to comply with any state 28 mandate included in the bill. 29 -3- LSB 1456YH (9) 86 jm/rj 3/ 3