House File 2048 - Introduced HOUSE FILE 2048 BY HUNTER A BILL FOR An Act requiring certain peace officers, including tribal law 1 enforcement officers, to wear and use a body camera and 2 providing remedies. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5214YH (6) 86 jm/rj
H.F. 2048 Section 1. Section 22.7, subsection 5, Code 2016, is amended 1 to read as follows: 2 5. Peace officers’ investigative reports, and specific 3 portions of electronic mail and telephone billing records of 4 law enforcement agencies if that information is part of an 5 ongoing investigation, except where disclosure is authorized 6 elsewhere in this Code. However, the date, time, specific 7 location, and immediate facts and circumstances surrounding a 8 crime or incident shall not be kept confidential under this 9 section , except in those unusual circumstances where disclosure 10 would plainly and seriously jeopardize an investigation or pose 11 a clear and present danger to the safety of an individual. 12 Specific portions of electronic mail and telephone billing 13 records may only be kept confidential under this subsection if 14 the length of time prescribed for commencement of prosecution 15 or the finding of an indictment or information under the 16 statute of limitations applicable to the crime that is under 17 investigation has not expired. The contents of a peace officer 18 body camera recording shall be a public record subject to 19 chapter 22 and the release of the contents of such a recording 20 shall be governed by section 80C.1. 21 Sec. 2. NEW SECTION . 80C.1 Peace officer body cameras —— 22 requirement —— confidentiality —— disclosure —— retention. 23 1. As used in this section, unless the context otherwise 24 requires: 25 a. “Agency” means a law enforcement agency. 26 b. “Body camera” means an electronic device that is capable 27 of recording video and audio data or capable of transmitting 28 video and audio data to be recorded remotely, and is worn on 29 the person of a peace officer, which includes being attached to 30 the officer’s clothing or worn on eyeglasses. 31 c. “Peace officer” means a peace officer defined in section 32 801.4, subsection 11, paragraph “a” , “b” , “c” , “f” , “g” , “h” , 33 or i” , or a certified law enforcement officer under section 34 80B.18. 35 -1- LSB 5214YH (6) 86 jm/rj 1/ 8
H.F. 2048 2. A peace officer shall wear a body camera at all times 1 while on duty and in uniform and shall record using the body 2 camera all interactions with people in the performance of the 3 official duties of the peace officer from the beginning to the 4 end of those interactions. 5 3. A body camera shall be worn on the chest or at the eye 6 level of the peace officer. 7 4. A body camera shall not contain facial recognition 8 technology unless the use of such technology has been 9 authorized by the court pursuant to an arrest warrant or a 10 search warrant. 11 5. A peace officer shall inform a person when that person 12 is being recorded by a body camera unless informing the person 13 would be unsafe, impractical, or impossible. 14 a. If a peace officer wearing a body camera enters a 15 residence without a warrant or where no exigent circumstances 16 exist, the peace officer shall immediately ask whether the 17 resident desires the peace officer to stop the body camera 18 recording while the peace officer is in the residence. If the 19 resident responds in the affirmative, the peace officer shall 20 stop the body camera recording. The peace officer shall record 21 the question required to be asked by this paragraph and any 22 answer to the question. 23 b. If a peace officer wearing a body camera interacts with 24 a person reporting a crime, providing information regarding 25 a crime or ongoing investigation, or claiming to be a victim 26 of a crime, the peace officer shall immediately ask whether 27 the person desires the peace officer to stop the body camera 28 recording of the interaction. If the person responds in the 29 affirmative, the peace officer shall stop the body camera 30 recording. The peace officer shall record the question 31 required to be asked by this paragraph and any answer to the 32 question. 33 6. a. Except as otherwise provided in this subsection, an 34 agency shall retain the contents of a recording created by a 35 -2- LSB 5214YH (6) 86 jm/rj 2/ 8
H.F. 2048 body camera for thirty days. 1 b. An agency shall retain the contents of a recording 2 created by a body camera for a period of three years beginning 3 on the date of the recording if any of the following apply: 4 (1) The recording depicts an incident involving the use of 5 force. 6 (2) The recording depicts an incident that leads to 7 detention or arrest of a person. 8 (3) The recording is relevant to a formal or informal 9 complaint against a peace officer or agency. 10 (4) A request regarding the recording has been made pursuant 11 to paragraph “e” . 12 c. If the contents of a recording created by a body camera 13 may be used in a criminal prosecution, the agency shall retain 14 the contents of such recording in the same manner as other 15 evidence in the criminal prosecution and the time period to 16 retain the contents of the recording under paragraph “a” or “b” 17 shall be extended to equal the time period for the retention of 18 other evidence that may be use in the criminal prosecution. 19 d. An agency shall post on the public internet site of the 20 agency its policies relating to the retention of recordings 21 created by body cameras, requests for the retention of the 22 recordings, and requests for copies of such recordings. 23 e. (1) Any of the following persons may make a request 24 that the contents of a recording created by a body camera be 25 retained by the agency for the period of time set out under 26 paragraph “b” : 27 (a) A person who is part of the contents of the recording. 28 (b) A person whose property has been seized or damaged in 29 relation to, or is otherwise involved with, a crime that is 30 related to the recording. 31 (c) A parent or legal guardian of a person described in 32 subparagraph division (a) or (b). 33 (d) An attorney for a person described in subparagraph 34 division (a) or (b). 35 -3- LSB 5214YH (6) 86 jm/rj 3/ 8
H.F. 2048 (e) Any other person if the person described in subparagraph 1 division (a) or (b) has given written authority to the agency 2 to disclose the contents of the recording to the other person. 3 (2) Such person making such a request is not required to 4 file a complaint and the contents of the recording are not 5 required to be part of an investigation in order for a person 6 to make such a request. 7 (3) A person making such a request may view and make or 8 request a copy of the contents of a recording created by a body 9 camera. The agency retaining the contents of the recording 10 shall provide such a person with a copy of the requested 11 recording. 12 f. A person, who is not a part of the contents of a 13 recording created by a body camera, may request a copy of such 14 recording. Before the request is granted, each person who is 15 part of the contents of the recording shall be notified of 16 the request and may object to the request. If no objection 17 is made, the agency shall make available to the requesting 18 party a copy of the contents of the recording. If an objection 19 is made, the objecting party has thirty days to petition the 20 district court to order that the contents of the recording not 21 be released, otherwise the contents of the recording shall be 22 released. 23 g. Prior to deleting or disposing of the contents of a 24 recording created by a body camera, the person who has the 25 responsibility of deleting or disposing of such a recording on 26 behalf of the agency, shall review all applicable and available 27 records, files, and databases to ascertain whether any reason 28 exists that the recording should not be deleted or disposed of 29 under this section or under the policies of the agency. The 30 contents of such a recording shall not be deleted or disposed 31 of if such a reason exists. 32 7. A peace officer who fails to record any interaction as 33 required by this section or who fails to stop recording an 34 interaction as required by this section shall be considered 35 -4- LSB 5214YH (6) 86 jm/rj 4/ 8
H.F. 2048 to have committed a violation of this section. For a first 1 violation a peace officer shall be given a written reprimand. 2 For a second or subsequent violation the peace officer shall 3 be suspended until an investigation into the cause of the 4 violation has been completed. 5 8. If during a criminal prosecution or civil action an 6 agency is unable to produce a body camera recording required 7 to be made and retained pursuant to this section, a rebuttable 8 presumption arises that the recording would corroborate the 9 version of the facts advanced by the defendant in the criminal 10 action or the party opposing the peace officer or agency in the 11 civil action. 12 9. The agency shall participate in any existing state or 13 federal programs that fund or supplement the costs to purchase 14 and maintain body cameras worn by peace officers. 15 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill requires certain peace officers, including tribal 21 law enforcement officers, to wear and use a body camera. 22 The bill defines “agency” to mean a law enforcement agency. 23 The bill defines “body camera” to mean an electronic device 24 that is capable of recording video and audio data or capable of 25 transmitting video and audio data to be recorded remotely, and 26 is worn on the person of a peace officer. 27 The contents of the body camera recording shall be a public 28 record subject to the Code chapter 22 and the release of the 29 contents of such a recording shall be governed by new Code 30 section 801C.1 in the bill. 31 The body camera requirement applies to a county sheriff 32 or deputy sheriff, city peace officer, peace officer member 33 of the department of public safety, peace officer at a 34 regents institution, conservation officer, an employee of the 35 -5- LSB 5214YH (6) 86 jm/rj 5/ 8
H.F. 2048 department of transportation designated as a peace officer, 1 an employee of an aviation authority designated as a peace 2 officer, and a certified tribal law enforcement officer. 3 The bill requires a peace officer to wear a body camera 4 at all times while on duty and in uniform. The bill further 5 requires that the peace officer record all interactions with 6 people in the performance of the official duties of the peace 7 officer from the beginning to the end of those interactions. 8 The bill specifies that a body camera must be worn on the 9 chest or at the eye level of the peace officer. 10 The bill prohibits a body camera from containing facial 11 recognition technology unless the use of such technology has 12 been authorized by the court pursuant to an arrest or search 13 warrant. 14 The bill requires a peace officer to inform a person when 15 that person is being recorded by a body camera unless informing 16 the person would be unsafe, impractical, or impossible. 17 If a peace officer who is wearing a body camera enters a 18 residence without a warrant or where no exigent circumstances 19 exist, the bill requires that the peace officer immediately ask 20 whether the resident desires the peace officer to stop the body 21 camera recording while the peace officer is in the residence. 22 If the person responds in the affirmative, the bill requires 23 the peace officer to stop the body camera recording. The bill 24 also requires the peace officer to record the question and any 25 answer to the question. 26 If a peace officer wearing a body camera interacts with a 27 person reporting a crime, providing information regarding a 28 crime or ongoing investigation, or claiming to be a victim of a 29 crime, the bill requires the peace officer to immediately ask 30 whether the person desires the peace officer to stop the body 31 camera recording of the interaction. If the person responds in 32 the affirmative, the bill requires the peace officer to stop 33 the body camera recording. The bill also requires the peace 34 officer to record the question and any answer to the question. 35 -6- LSB 5214YH (6) 86 jm/rj 6/ 8
H.F. 2048 The bill requires that an agency shall retain the contents of 1 a recording created by a body camera for 30 days. However, an 2 agency shall retain the contents of a recording created by a 3 body camera for three years if any of the following apply: the 4 recording depicts an incident involving the use of force; the 5 recording depicts an incident that leads to detention or arrest 6 of a person; the recording is relevant to a formal or informal 7 complaint against a peace officer or agency; or a request by 8 an interested or authorized person has been made to retain the 9 recording. Under the bill, the contents of the recording may 10 be retained even longer than three years if the contents may be 11 relevant to a criminal prosecution. 12 Any of the following persons may make a request that the 13 contents of a recording created by a body camera be retained 14 for three years: a person who is a part of the contents of 15 the recording; a person whose property has been seized or 16 damaged in relation to, or is otherwise involved with, a crime 17 that is related to the recording; a parent or guardian of a 18 person who is part of the contents of the recording or whose 19 property was seized, damaged, or involved with a crime that 20 is related to the recording; the attorney for a person who is 21 part of the contents of the recording or whose property was 22 seized, damaged, or involved with a crime that is related to 23 the recording; any other person if such person has been given 24 written authority to disclose the contents of the recording 25 by the person who is part of the contents of the recording or 26 whose property was seized or damaged. 27 The bill provides that a person, who is not a part of the 28 contents of a recording created by a body camera, may request a 29 copy of such recording. Before the request is granted, each 30 person who is part of the contents of the recording shall be 31 notified of the request and may object to the request. If 32 no objection is made, the bill requires the agency to make 33 available to the requesting party a copy of the contents of 34 the recording. If an objection is made, the bill allows the 35 -7- LSB 5214YH (6) 86 jm/rj 7/ 8
H.F. 2048 objecting party 30 days to petition the district court to order 1 that the contents not be released, otherwise the contents of 2 the recording shall be released. 3 Prior to deleting or disposing of the contents of a recording 4 created by a body camera, the bill requires the person who has 5 the responsibility of deleting or disposing of such a recording 6 on behalf of the agency to review all applicable and available 7 records, files, and databases to ascertain whether any reason 8 exists that the recording should not be disposed of or deleted. 9 A peace officer who fails to record any interaction with 10 a person or who fails to stop recording such interaction 11 as required by the bill commits a violation. For a first 12 violation of the bill a peace officer shall be given a written 13 reprimand. For a second or subsequent violation of the bill 14 the peace officer shall be suspended until an investigation 15 into the cause of the violation has been completed. 16 The bill also provides that if during a criminal prosecution 17 or civil action an agency is unable to produce a body camera 18 recording, a rebuttable presumption arises that the recording 19 would corroborate the version of the facts advanced by the 20 defendant in the criminal action or the party opposing the 21 peace officer or agency in the civil action. 22 The bill specifies that an agency shall participate in any 23 existing state or federal programs that fund or supplement 24 the costs to purchase and maintain body cameras worn by peace 25 officers. 26 The bill may include a state mandate as defined in Code 27 section 25B.3. The bill makes inapplicable Code section 25B.2, 28 subsection 3, which would relieve a political subdivision from 29 complying with a state mandate if funding for the cost of 30 the state mandate is not provided or specified. Therefore, 31 political subdivisions are required to comply with any state 32 mandate included in the bill. 33 -8- LSB 5214YH (6) 86 jm/rj 8/ 8