H.F. 452 Section 1. Section 22.7, subsection 5, Code 2015, 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 body camera 18 recording shall be kept confidential and the release of the 19 contents of such a recording shall be governed by section 20 80C.1. 21 Sec. 2. NEW SECTION . 80C.1 Peace officer body cameras —— 22 requirement —— confidentiality. 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 glasses. 31 c. “Peace officer” means a peace officer defined in section 32 801.4, subsection 11, paragraphs “a” , “b” , “c” , “f” , “g” , 33 “h” , and “ i” . “Peace officer” also includes a certified law 34 enforcement officer under section 80B.18. 35 -1- LSB 1811HH (13) 86 jm/rj 1/ 8

H.F. 452 2. A peace officer shall wear a body camera at all times 1 while on duty and in uniform and shall record using the camera 2 all interactions with people in the performance of the official 3 duties of the peace officer from the beginning to the end of 4 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 by this paragraph and any answer to the 22 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 by this paragraph and any answer to the question. 32 6. a. Except as otherwise provided in this subsection, an 33 agency shall retain the contents of a recording created by a 34 body camera for thirty days. 35 -2- LSB 1811HH (13) 86 jm/rj 2/ 8

H.F. 452 b. An agency shall retain the contents of a recording 1 created by a body camera for three years if any of the 2 following apply: 3 (1) The recording depicts an incident involving the use of 4 force. 5 (2) The recording depicts an incident that leads to 6 detention or arrest of a person. 7 (3) The recording is relevant to a formal or informal 8 complaint against a peace officer or agency. 9 (4) A request regarding the recording has been made pursuant 10 to paragraph “e” . 11 c. If the contents of a recording created by a body camera 12 may be used in a criminal prosecution, the agency shall retain 13 the contents of such recording in the same manner as other 14 evidence in the criminal prosecution and the time period to 15 retain the contents of the recording under paragraph “a” or “b” 16 shall be extended to equal the time period for the retention of 17 other evidence that may be use in the criminal prosecution. 18 d. An agency shall post on the public internet site of the 19 agency its policies relating to the retention of recordings 20 created by body cameras, requests for the retention of the 21 recordings, and requests for copies of such recordings. 22 e. (1) A person described in subparagraph (3) may request 23 that the contents of a recording created by a body camera be 24 retained by the agency for three years. Such a person is not 25 required to file a complaint or the contents of the recording 26 are not required to be part of an investigation in order for a 27 person to make a request under this paragraph. 28 (2) A person described in subparagraph (3) may view and make 29 a copy of the contents of a recording created by a body camera. 30 The agency retaining the contents of the recording shall 31 provide such a person with a copy of the requested recording. 32 (3) Any of the following persons may make a request that the 33 contents of a recording created by a body camera be retained 34 under paragraph “b” : 35 -3- LSB 1811HH (13) 86 jm/rj 3/ 8

H.F. 452 (a) A person who is part of the content of the recording. 1 (b) A person whose property has been seized or damaged in 2 relation to, or is otherwise involved with, a crime that is 3 related to the recording. 4 (c) A parent or legal guardian of a person described in 5 subparagraph division (a) or (b). 6 (d) An attorney for a person described in subparagraph 7 division (a) or (b). 8 (e) Any other person if the person described in subparagraph 9 division (a) or (b) has given written authority to the agency 10 to disclose the contents of the recording to the other person. 11 f. A person, who is not a part of the content of a recording 12 created by a body camera, may request a copy of such recording 13 if each person who is part of the content of such a recording 14 consents in writing. If consent is obtained, the agency shall 15 provide the requesting person with a copy of the contents of 16 such a recording. 17 g. Prior to deleting or disposing of the contents of a 18 recording created by a body camera, the person who has the 19 responsibility of deleting or disposing of such a recording on 20 behalf of the agency, shall review all applicable and available 21 records, files, and databases to ascertain whether any reason 22 exists that the recording should not be deleted or disposed of 23 under this section or under the policies of the agency. The 24 contents of such a recording shall not be deleted or disposed 25 of if such a reason exists. 26 7. A peace officer who fails to record any interaction as 27 required by this section or who fails to stop recording an 28 interaction as required by this section shall be considered 29 to have committed a violation of this section. For a first 30 violation a peace officer shall be given a written reprimand. 31 For a second or subsequent violation the peace officer shall 32 be suspended until an investigation into the cause of the 33 violation has been completed. 34 8. If an agency is unable to produce a body camera recording 35 -4- LSB 1811HH (13) 86 jm/rj 4/ 8

H.F. 452 during a criminal prosecution or civil action which is required 1 to be made and retained pursuant to this section, a rebuttable 2 presumption arises that the recording would corroborate the 3 version of the facts advanced by the defendant in the criminal 4 action or the party opposing the peace officer or agency in the 5 civil action. 6 9. The agency shall participate in any existing state or 7 federal programs that fund or supplement the costs to purchase 8 and maintain body cameras worn by peace officers. 9 Sec. 3. 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, including tribal 15 law enforcement officers, to wear a body camera. 16 The bill defines “agency” to mean a law enforcement agency. 17 The bill defines “body camera” to mean an electronic device 18 that is capable of recording video and audio data or capable of 19 transmitting video and audio data to be recorded remotely, and 20 is worn on the person of a peace officer. 21 The body camera requirement applies to a county sheriff 22 or deputy sheriff, city peace officer, peace officer member 23 of the department of public safety, peace officer at a 24 regents institution, conservation officer, an employee of the 25 department of transportation designated as a peace officer, 26 an employee of an aviation authority designated as a peace 27 officer, and a certified tribal law enforcement officer. 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 interactions with 31 people in the performance of the official duties of the peace 32 officer from the beginning to the end of those interactions. 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 -5- LSB 1811HH (13) 86 jm/rj 5/ 8

H.F. 452 The bill prohibits a body camera from containing facial 1 recognition technology unless the use of such technology has 2 been authorized by the court pursuant to an arrest or search 3 warrant. 4 The bill requires a peace officer to inform a person when 5 that person is being recorded by a body camera unless informing 6 the person would be unsafe, impractical, or impossible. 7 If a peace officer who is wearing a body camera enters a 8 residence without a warrant or where no exigent circumstances 9 exist, the bill requires that the peace officer immediately ask 10 whether the resident desires the peace officer to stop the body 11 camera recording while the peace officer is in the residence. 12 If the person responds in the affirmative, the bill requires 13 the peace officer to stop the body camera recording. The bill 14 also requires the peace officer to record the question and any 15 answer to the question. 16 If a peace officer wearing a body camera interacts with a 17 person reporting a crime, providing information regarding a 18 crime or ongoing investigation, or claiming to be a victim of a 19 crime, the bill requires the peace officer to immediately ask 20 whether the person desires the peace officer to stop the body 21 camera recording of the interaction. If the person responds in 22 the affirmative, the bill requires the peace officer to stop 23 the body camera recording. The bill also requires the peace 24 officer to record the question and any answer to the question. 25 The contents of a recording created by a body camera are 26 confidential except as provided for in the bill. 27 The bill requires that an agency shall retain the contents 28 of a recording created by a body camera for 30 days. However, 29 an agency shall retain the contents of a recording created by 30 a body camera for three years if any of the following apply: 31 the recording depicts an incident involving the use of force; 32 the recording depicts an incident that leads to detention or 33 arrest of a person; the recording is relevant to a formal 34 or informal complaint against a peace officer or agency; or 35 -6- LSB 1811HH (13) 86 jm/rj 6/ 8

H.F. 452 a request has been made to retain the recording. Under the 1 bill, the contents of the recording may be retained even longer 2 than three years if the contents may be relevant to a criminal 3 prosecution. 4 Any of the following persons may make a request that the 5 contents of a recording created by a body camera be retained 6 for three years: a person who is a part of the content of the 7 recording; a person whose property has been seized or damaged 8 in relation to, or is otherwise involved with, a crime that is 9 related to the recording; a parent or guardian of a person who 10 is part of the content of the recording or whose property was 11 seized, damaged, or involved with a crime that is related to 12 the recording; the attorney for a person who is part of the 13 content of the recording or whose property was seized, damaged, 14 or involved with a crime that is related to the recording; any 15 other person if such person has been given written authority 16 to disclose the contents of the recording by the person who 17 is part of the content of the recording or whose property was 18 seized or damaged. 19 The bill provides that a person, who is not a part of the 20 content of a recording created by a body camera, may request a 21 copy of and receive such recording if each person who is part 22 of the content of the recording consents in writing. 23 Prior to deleting or disposing of the contents of a recording 24 created by a body camera, the bill requires the person who has 25 the responsibility of deleting or disposing of such a recording 26 on behalf of the agency, to review all applicable and available 27 records, files, and databases to ascertain whether any reason 28 exists that the recording should not be disposed of or deleted. 29 A peace officer who fails to record any interaction with 30 a person or who fails to stop recording such interaction 31 as required by the bill commits a violation. For a first 32 violation of the bill a peace officer shall be given a written 33 reprimand. For a second or subsequent violation of the bill 34 the peace officer shall be suspended until an investigation 35 -7- LSB 1811HH (13) 86 jm/rj 7/ 8

H.F. 452 into the cause of the violation has been completed. 1 The bill also provides that if an agency is unable to produce 2 a body camera recording during a criminal prosecution or civil 3 action, a rebuttable presumption arises that the recording 4 would corroborate the version of the facts advanced by the 5 defendant in the criminal action or the party opposing the 6 peace officer or agency in the civil action. 7 The bill specifies that an agency shall participate in any 8 existing state or federal programs that fund or supplement 9 the costs to purchase and maintain body cameras worn by peace 10 officers. 11 The bill may include a state mandate as defined in Code 12 section 25B.3. The bill makes inapplicable Code section 25B.2, 13 subsection 3, which would relieve a political subdivision from 14 complying with a state mandate if funding for the cost of 15 the state mandate is not provided or specified. Therefore, 16 political subdivisions are required to comply with any state 17 mandate included in the bill. 18 -8- LSB 1811HH (13) 86 jm/rj 8/ 8