HF 452 (LSB 1811HH (13) 86)

HOUSE FILE 452

BY  HUNTER

A BILL FOR

An Act requiring certain peace officers, including tribal law enforcement officers, to wear a body camera and providing remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 5, Code 2015, is amended to read as follows:
   5.  Peace officers’ investigative reports, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.  The contents of a body camera recording shall be kept confidential and the release of the contents of such a recording shall be governed by section 80C.1.
    Sec. 2.  NEW SECTION.  80C.1  Peace officer body cameras —— requirement —— confidentiality.
   1.  As used in this section unless the context otherwise requires:
   a.  “Agency” means a law enforcement agency.
   b.  “Body camera” means an electronic device that is capable of recording video and audio data or capable of transmitting video and audio data to be recorded remotely, and is worn on the person of a peace officer, which includes being attached to the officer’s clothing or worn on glasses.
   c.  “Peace officer” means a peace officer defined in section 801.4, subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, “h”, and “i”. “Peace officer” also includes a certified law enforcement officer under section 80B.18.
   2.  A peace officer shall wear a body camera at all times while on duty and in uniform and shall record using the camera all interactions with people in the performance of the official duties of the peace officer from the beginning to the end of those interactions.
   3.  A body camera shall be worn on the chest or at the eye level of the peace officer.
   4.  A body camera shall not contain facial recognition technology unless the use of such technology has been authorized by the court pursuant to an arrest warrant or a search warrant.
   5.  A peace officer shall inform a person when that person is being recorded by a body camera unless informing the person would be unsafe, impractical, or impossible.
   a.  If a peace officer wearing a body camera enters a residence without a warrant or where no exigent circumstances exist, the peace officer shall immediately ask whether the resident desires the peace officer to stop the body camera recording while the peace officer is in the residence. If the resident responds in the affirmative, the peace officer shall stop the body camera recording. The peace officer shall record the question required by this paragraph and any answer to the question.
   b.  If a peace officer wearing a body camera interacts with a person reporting a crime, providing information regarding a crime or ongoing investigation, or claiming to be a victim of a crime, the peace officer shall immediately ask whether the person desires the peace officer to stop the body camera recording of the interaction. If the person responds in the affirmative, the peace officer shall stop the body camera recording. The peace officer shall record the question required by this paragraph and any answer to the question.
   6.  a.  Except as otherwise provided in this subsection, an agency shall retain the contents of a recording created by a body camera for thirty days.
   b.  An agency shall retain the contents of a recording created by a body camera for three years if any of the following apply:
   (1)  The recording depicts an incident involving the use of force.
   (2)  The recording depicts an incident that leads to detention or arrest of a person.
   (3)  The recording is relevant to a formal or informal complaint against a peace officer or agency.
   (4)  A request regarding the recording has been made pursuant to paragraph “e”.
   c.  If the contents of a recording created by a body camera may be used in a criminal prosecution, the agency shall retain the contents of such recording in the same manner as other evidence in the criminal prosecution and the time period to retain the contents of the recording under paragraph “a” or “b” shall be extended to equal the time period for the retention of other evidence that may be use in the criminal prosecution.
   d.  An agency shall post on the public internet site of the agency its policies relating to the retention of recordings created by body cameras, requests for the retention of the recordings, and requests for copies of such recordings.
   e.  (1)  A person described in subparagraph (3) may request that the contents of a recording created by a body camera be retained by the agency for three years. Such a person is not required to file a complaint or the contents of the recording are not required to be part of an investigation in order for a person to make a request under this paragraph.
   (2)  A person described in subparagraph (3) may view and make a copy of the contents of a recording created by a body camera. The agency retaining the contents of the recording shall provide such a person with a copy of the requested recording.
   (3)  Any of the following persons may make a request that the contents of a recording created by a body camera be retained under paragraph “b”:
   (a)  A person who is part of the content of the recording.
   (b)  A person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime that is related to the recording.
   (c)  A parent or legal guardian of a person described in subparagraph division (a) or (b).
   (d)  An attorney for a person described in subparagraph division (a) or (b).
   (e)  Any other person if the person described in subparagraph division (a) or (b) has given written authority to the agency to disclose the contents of the recording to the other person.
   f.  A person, who is not a part of the content of a recording created by a body camera, may request a copy of such recording if each person who is part of the content of such a recording consents in writing. If consent is obtained, the agency shall provide the requesting person with a copy of the contents of such a recording.
   g.  Prior to deleting or disposing of the contents of a recording created by a body camera, the person who has the responsibility of deleting or disposing of such a recording on behalf of the agency, shall review all applicable and available records, files, and databases to ascertain whether any reason exists that the recording should not be deleted or disposed of under this section or under the policies of the agency. The contents of such a recording shall not be deleted or disposed of if such a reason exists.
   7.  A peace officer who fails to record any interaction as required by this section or who fails to stop recording an interaction as required by this section shall be considered to have committed a violation of this section. For a first violation a peace officer shall be given a written reprimand. For a second or subsequent violation the peace officer shall be suspended until an investigation into the cause of the violation has been completed.
   8.  If an agency is unable to produce a body camera recording during a criminal prosecution or civil action which is required to be made and retained pursuant to this section, a rebuttable presumption arises that the recording would corroborate the version of the facts advanced by the defendant in the criminal action or the party opposing the peace officer or agency in the civil action.
   9.  The agency shall participate in any existing state or federal programs that fund or supplement the costs to purchase and maintain body cameras worn by peace officers.
    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires certain peace officers, including tribal law enforcement officers, to wear a body camera.
   The bill defines “agency” to mean a law enforcement agency.
   The bill defines “body camera” to mean an electronic device that is capable of recording video and audio data or capable of transmitting video and audio data to be recorded remotely, and is worn on the person of a peace officer.
   The body camera requirement applies to a county sheriff or deputy sheriff, city peace officer, peace officer member of the department of public safety, peace officer at a regents institution, conservation officer, an employee of the department of transportation designated as a peace officer, an employee of an aviation authority designated as a peace officer, and a certified tribal law enforcement officer.
   The bill requires a peace officer to wear a body camera at all times while on duty and in uniform. The bill further requires that the peace officer record all interactions with people in the performance of the official duties of the peace officer from the beginning to the end of those interactions.
   The bill specifies that a body camera must be worn on the chest or at the eye level of the peace officer.
   The bill prohibits a body camera from containing facial recognition technology unless the use of such technology has been authorized by the court pursuant to an arrest or search warrant.
   The bill requires a peace officer to inform a person when that person is being recorded by a body camera unless informing the person would be unsafe, impractical, or impossible.
   If a peace officer who is wearing a body camera enters a residence without a warrant or where no exigent circumstances exist, the bill requires that the peace officer immediately ask whether the resident desires the peace officer to stop the body camera recording while the peace officer is in the residence. If the person responds in the affirmative, the bill requires the peace officer to stop the body camera recording. The bill also requires the peace officer to record the question and any answer to the question.
   If a peace officer wearing a body camera interacts with a person reporting a crime, providing information regarding a crime or ongoing investigation, or claiming to be a victim of a crime, the bill requires the peace officer to immediately ask whether the person desires the peace officer to stop the body camera recording of the interaction. If the person responds in the affirmative, the bill requires the peace officer to stop the body camera recording. The bill also requires the peace officer to record the question and any answer to the question.
   The contents of a recording created by a body camera are confidential except as provided for in the bill.
   The bill requires that an agency shall retain the contents of a recording created by a body camera for 30 days. However, an agency shall retain the contents of a recording created by a body camera for three years if any of the following apply: the recording depicts an incident involving the use of force; the recording depicts an incident that leads to detention or arrest of a person; the recording is relevant to a formal or informal complaint against a peace officer or agency; or a request has been made to retain the recording. Under the bill, the contents of the recording may be retained even longer than three years if the contents may be relevant to a criminal prosecution.
   Any of the following persons may make a request that the contents of a recording created by a body camera be retained for three years: a person who is a part of the content of the recording; a person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime that is related to the recording; a parent or guardian of a person who is part of the content of the recording or whose property was seized, damaged, or involved with a crime that is related to the recording; the attorney for a person who is part of the content of the recording or whose property was seized, damaged, or involved with a crime that is related to the recording; any other person if such person has been given written authority to disclose the contents of the recording by the person who is part of the content of the recording or whose property was seized or damaged.
   The bill provides that a person, who is not a part of the content of a recording created by a body camera, may request a copy of and receive such recording if each person who is part of the content of the recording consents in writing.
   Prior to deleting or disposing of the contents of a recording created by a body camera, the bill requires the person who has the responsibility of deleting or disposing of such a recording on behalf of the agency, to review all applicable and available records, files, and databases to ascertain whether any reason exists that the recording should not be disposed of or deleted.
   A peace officer who fails to record any interaction with a person or who fails to stop recording such interaction as required by the bill commits a violation. For a first violation of the bill a peace officer shall be given a written reprimand. For a second or subsequent violation of the bill the peace officer shall be suspended until an investigation into the cause of the violation has been completed.
   The bill also provides that if an agency is unable to produce a body camera recording during a criminal prosecution or civil action, a rebuttable presumption arises that the recording would corroborate the version of the facts advanced by the defendant in the criminal action or the party opposing the peace officer or agency in the civil action.
   The bill specifies that an agency shall participate in any existing state or federal programs that fund or supplement the costs to purchase and maintain body cameras worn by peace officers.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.