S.F. 2174 Section 1. NEW SECTION . 80C.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Body camera” means an electronic device that is capable 4 of recording video and audio data or capable of transmitting 5 video and audio data to be recorded remotely, and is worn on 6 the person of a peace officer, which includes being attached to 7 the officer’s clothing or worn on eyeglasses. 8 2. “Peace officer” means a peace officer defined in section 9 801.4, subsection 11, paragraph “a” , “b” , “c” , “f” , “g” , “h” , 10 or “ i” , or a certified law enforcement officer under section 11 80B.18. 12 3. “Subject of the data” means a person whose image or voice 13 is recorded by a body camera. 14 Sec. 2. NEW SECTION . 80C.2 Body cameras —— peace officers. 15 1. Except as otherwise provided in this section, a law 16 enforcement agency that employs a peace officer whose body 17 camera records body camera data shall retain the data for six 18 months from the date it was recorded, after which time the data 19 shall be permanently deleted. 20 2. Body camera data shall be automatically retained for at 21 least two years from the date of the recording under any of the 22 following circumstances: 23 a. The data involves any use of force. 24 b. The data involves events leading up to and including an 25 arrest or detention of a person. 26 c. The data involves an encounter about which a formal or 27 informal complaint has been registered by a subject of the 28 data. 29 d. The peace officer whose body camera recorded the data 30 voluntarily requests retention if that officer reasonably 31 asserts that the data has evidentiary or exculpatory value. 32 e. A peace officer, who is a subject of the data recorded 33 by another peace officer’s body camera, and who voluntarily 34 requests retention of the data if that officer reasonably 35 -1- LSB 5938XS (5) 86 jm/rj 1/ 6

S.F. 2174 asserts that the data has evidentiary or exculpatory value. 1 f. A superior peace officer who requests retention of the 2 data if that officer reasonably asserts that the data has 3 evidentiary or exculpatory value. 4 g. A peace officer who voluntarily requests retention of the 5 data if the data is being retained solely and exclusively for 6 law enforcement training purposes. 7 h. A member of the public who is a subject of the data who 8 voluntarily requests retention of the data. 9 i. A parent or legal guardian of a minor who is a subject of 10 the data who voluntarily requests retention of the data. 11 j. An immediate family member or legally authorized 12 designee of a deceased person who is a subject of the data who 13 voluntarily requests retention of the data. 14 3. To effectuate this section, a member of the public who is 15 a subject of the body camera data, the parent or legal guardian 16 of a minor who is a subject of body camera data, or an immediate 17 family member or legally authorized designee of a deceased 18 person who is subject of the data shall be permitted to review 19 that specific body camera data in order to make a determination 20 as to whether to voluntarily request that the data be subject 21 to the retention period of at least two years under subsection 22 2. 23 4. Notwithstanding section 22.7, subsection 5, body camera 24 data involving any use of force by a peace officer shall be 25 public record not exempt from public examination. 26 5. Notwithstanding section 22.7, subsection 5, any of the 27 following persons may examine, obtain a copy of, publish, and 28 disseminate body camera data under section 22.2: 29 a. A person who is a subject of the data or the person’s 30 attorney. 31 b. A parent or legal guardian of a person who is a minor 32 who is a subject of the data or the attorney for the parent or 33 legal guardian. 34 c. An immediate family member or legally authorized designee 35 -2- LSB 5938XS (5) 86 jm/rj 2/ 6

S.F. 2174 of a deceased person who is a subject of the data or the 1 attorney for the immediate family member or legally authorized 2 designee. 3 d. Any other person seeking data if the person who is a 4 subject of the data, or the attorney for the person who is a 5 subject of the data, has given written authority to the law 6 enforcement agency to disclose the data to that other person, 7 unless the subject of the data is a minor. 8 e. Any other person seeking data if the parent or legal 9 guardian of a minor who is a subject of the data, or the 10 attorney for the parent or legal guardian, has given written 11 authority to the law enforcement agency to disclose the data to 12 that other person. 13 f. Any other person seeking data of a deceased person who is 14 a subject of the data if the immediate family member or legally 15 authorized designee of the deceased person or the attorney for 16 the immediate family member or legally authorized designee 17 has given written authority to the law enforcement agency to 18 disclose the data to that other person. 19 6. A peace officer shall not review or receive an accounting 20 of any body camera data that involves any use of force and is 21 subject to the retention period of at least two years under 22 subsection 2, prior to the peace officer’s completion of any 23 required initial reports, statements, and interviews regarding 24 the recorded event. 25 7. A law enforcement agency shall not use or divulge body 26 camera data for any commercial or other non-law enforcement 27 purpose. 28 8. A law enforcement agency may authorize a third party to 29 act as its agent in maintaining body camera data, provided that 30 the agent shall not be permitted to independently examine or 31 alter any data, except to delete data as required by law or 32 agency retention policies. 33 9. This chapter shall not be construed to contravene any 34 laws governing the maintenance and destruction of evidence in a 35 -3- LSB 5938XS (5) 86 jm/rj 3/ 6

S.F. 2174 criminal investigation or prosecution. 1 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 3, shall not apply to this Act. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to access to and retention of peace officer 7 body camera data. 8 The bill defines “body camera” to mean an electronic device 9 that is capable of recording video and audio data or capable of 10 transmitting video or audio data to be recorded remotely, and 11 is worn on the person of a peace officer. 12 The bill defines “peace officer” to mean a peace officer 13 defined in Code section 801.4(11)(a), (b), (c), (f), (g), (h), 14 or (i), which excludes a parole or probation officer. 15 The bill does not require a law enforcement agency or peace 16 officers to use body cameras. However, if a law enforcement 17 agency uses body cameras, the bill sets out a process to retain 18 the body camera data and to provide access to the data. 19 The bill provides as a general rule that a law enforcement 20 agency that employs a peace officer whose body camera records 21 body camera data shall retain the data for six months from the 22 date it was recorded, after such time the body camera data 23 shall be permanently deleted. 24 The bill requires that body camera data shall be 25 automatically retained for at least two years from the date 26 of the recording under the following circumstances: the data 27 involves any use of force; the data involves events leading 28 up to and including an arrest or detention of a person; the 29 data involves an encounter about which a formal or informal 30 complaint has been registered; the peace officer whose body 31 camera recorded the data voluntarily requests retention if 32 that officer reasonably asserts the data has evidentiary or 33 exculpatory value; a peace officer, who is a subject of the 34 data recorded by another peace officer’s body camera, and who 35 -4- LSB 5938XS (5) 86 jm/rj 4/ 6

S.F. 2174 voluntarily requests retention, if that officer reasonably 1 asserts that the data has evidentiary or exculpatory value; 2 a superior peace officer who requests retention of data if 3 that superior peace officer reasonably asserts that the data 4 has evidentiary or exculpatory value; a peace officer who 5 voluntarily requests retention if the data is being retained 6 solely and exclusively for law enforcement training purposes; 7 a member of the public who is a subject of the data who 8 voluntarily requests retention; a parent or legal guardian of 9 a minor who is a subject of the data who voluntarily requests 10 retention; or a deceased person’s immediate family member or 11 legally authorized designee who voluntarily requests retention. 12 The bill specifies that body camera data involving any use of 13 force by a peace officer shall be a public record and shall not 14 be exempt from public examination. 15 The bill provides that the following persons may examine, 16 obtain a copy of, and disseminate body camera data: a person 17 who is a subject of the data or the person’s attorney; a parent 18 or legal guardian of a person who is a minor who is a subject 19 of the data, or the attorney for the parent or legal guardian; 20 the immediate family member or legally authorized designee of a 21 deceased person who is a subject of the data, or the attorney 22 for the immediate family member or legally authorized designee; 23 any other person seeking data, if the person who is a subject 24 of the data, or the attorney for the person who is a subject of 25 the data, has given written authority to the law enforcement 26 agency to disclose the data to that other person, unless the 27 subject of the data is a minor; any other person seeking data, 28 if the parent or legal guardian of a minor who is a subject of 29 the data, or the attorney for the parent or legal guardian, 30 has given written authority to the law enforcement agency to 31 disclose the data to that other person; or any other person 32 seeking data of a deceased person who is a subject of the data, 33 if the immediate family member or legally authorized designee 34 of the deceased person, or the attorney for the immediate 35 -5- LSB 5938XS (5) 86 jm/rj 5/ 6

S.F. 2174 family member or legally authorized designee, has given written 1 authority to the law enforcement agency to disclose the data to 2 that other person. 3 The bill prohibits a peace officer from reviewing or 4 receiving an accounting of any body camera data that involves 5 any use of force and is subject to a minimum two-year retention 6 period under the bill, prior to completing any required initial 7 reports, statements, and interviews regarding the recorded 8 event. 9 The bill prohibits a law enforcement agency from using or 10 divulging body camera data for commercial or other non-law 11 enforcement purposes. 12 The bill allows a law enforcement agency to authorize a third 13 party to act as its agent in maintaining body camera data, 14 provided that the agent shall not be permitted to independently 15 examine or alter any data, except to delete data as required by 16 law or agency retention policies. 17 The bill specifies that any member of the public who 18 is a subject of the body camera data, the parent or legal 19 guardian of a minor who is a subject of body camera data, or a 20 deceased person’s immediate family member or legally authorized 21 designee, shall be permitted to review that specific body 22 camera data in order to make a determination as to whether to 23 voluntarily request that the body camera data be subject to a 24 two-year retention period under the bill. 25 The bill may include a state mandate as defined in Code 26 section 25B.3. The bill makes inapplicable Code section 25B.2, 27 subsection 3, which would relieve a political subdivision from 28 complying with a state mandate if funding for the cost of 29 the state mandate is not provided or specified. Therefore, 30 political subdivisions are required to comply with any state 31 mandate included in the bill. 32 -6- LSB 5938XS (5) 86 jm/rj 6/ 6