H.F. 43 Section 1. Section 22.7, subsection 5, Code 2021, is amended 1 to read as follows: 2 5. Peace officers’ investigative reports, privileged 3 records or information specified in section 80G.2 , and specific 4 portions of electronic mail and telephone billing records of 5 law enforcement agencies if that information is part of an 6 ongoing investigation, except where disclosure is authorized 7 elsewhere in this Code. However, the date, time, specific 8 location, and immediate facts and circumstances surrounding a 9 crime or incident shall not be kept confidential under this 10 section , except in those unusual circumstances where disclosure 11 would plainly and seriously jeopardize an investigation or pose 12 a clear and present danger to the safety of an individual. 13 Specific portions of electronic mail and telephone billing 14 records may only be kept confidential under this subsection if 15 the length of time prescribed for commencement of prosecution 16 or the finding of an indictment or information under the 17 statute of limitations applicable to the crime that is under 18 investigation has not expired. The contents of a peace officer 19 body camera recording shall be a public record. However, the 20 release of the contents of such a recording shall be governed 21 by section 80C.1. 22 Sec. 2. NEW SECTION . 80C.1 Peace officer body cameras —— 23 requirement —— confidentiality —— disclosure —— retention. 24 1. As used in this section, unless the context otherwise 25 requires: 26 a. “Agency” means a law enforcement agency. 27 b. “Body camera” means an electronic device that is capable 28 of recording video and audio data or capable of transmitting 29 video and audio data to be recorded remotely, and is worn on 30 the person of a peace officer, which includes being attached to 31 the officer’s clothing or worn on eyeglasses. 32 c. “Peace officer” means a peace officer defined in section 33 801.4, subsection 11, paragraph “a” , “b” , “c” , “f” , “g” , “h” , 34 or “ i” , or a certified law enforcement officer under section 35 -1- LSB 1616YH (1) 89 as/rh 1/ 8

H.F. 43 80B.18. 1 2. A peace officer shall wear a body camera at all times 2 while on duty and in uniform and shall record using the body 3 camera all interactions with people in the performance of the 4 official duties of the peace officer from the beginning to the 5 end of those interactions. 6 3. A body camera shall be worn on the chest or at the eye 7 level of the peace officer. 8 4. A body camera shall not contain facial recognition 9 technology unless the use of such technology has been 10 authorized by the court pursuant to an arrest warrant or a 11 search warrant. 12 5. A peace officer shall inform a person when that person 13 is being recorded by a body camera unless informing the person 14 would be unsafe, impractical, or impossible. 15 a. If a peace officer wearing a body camera enters a 16 residence without a warrant or where no exigent circumstances 17 exist, the peace officer shall immediately ask whether a 18 resident desires the peace officer to stop the body camera 19 recording while the peace officer is in the residence. If the 20 resident responds in the affirmative, the peace officer shall 21 stop the body camera recording. The peace officer shall record 22 the question required to be asked by this paragraph and any 23 answer to the question. 24 b. If a peace officer wearing a body camera interacts with 25 a person reporting a crime, providing information regarding 26 a crime or ongoing investigation, or claiming to be a victim 27 of a crime, the peace officer shall immediately ask whether 28 the person desires the peace officer to stop the body camera 29 recording of the interaction. If the person responds in the 30 affirmative, the peace officer shall stop the body camera 31 recording. The peace officer shall record the question 32 required to be asked by this paragraph and any answer to the 33 question. 34 6. a. Except as otherwise provided in this subsection, an 35 -2- LSB 1616YH (1) 89 as/rh 2/ 8

H.F. 43 agency shall retain the contents of a recording created by a 1 body camera for thirty days. 2 b. An agency shall retain the contents of a recording 3 created by a body camera for a period of three years beginning 4 on the date of the recording if any of the following apply: 5 (1) The recording depicts an incident involving the use of 6 force. 7 (2) The recording depicts an incident that leads to 8 detention or arrest of a person. 9 (3) The recording is relevant to a formal or informal 10 complaint against a peace officer or agency. 11 (4) A request regarding the recording has been made pursuant 12 to paragraph “e” . 13 c. If the contents of a recording created by a body camera 14 may be used in a criminal prosecution, the agency shall retain 15 the contents of such recording in the same manner as other 16 evidence in the criminal prosecution and the time period to 17 retain the contents of the recording under paragraph “a” or “b” 18 shall be extended to equal the time period for the retention of 19 other evidence that may be use in the criminal prosecution. 20 d. An agency shall post on the public internet site of the 21 agency its policies relating to the retention of recordings 22 created by body cameras, requests for the retention of the 23 recordings, and requests for copies of such recordings. 24 e. (1) Any of the following persons may make a request 25 that the contents of a recording created by a body camera be 26 retained by the agency for the period of time set out under 27 paragraph “b” : 28 (a) A person who is part of the contents of the recording. 29 (b) A person whose property has been seized or damaged in 30 relation to, or is otherwise involved with, a crime that is 31 related to the recording. 32 (c) A parent or legal guardian of a person described in 33 subparagraph division (a) or (b). 34 (d) An attorney for a person described in subparagraph 35 -3- LSB 1616YH (1) 89 as/rh 3/ 8

H.F. 43 division (a) or (b). 1 (e) Any other person if the person described in subparagraph 2 division (a) or (b) has given written authority to the agency 3 to disclose the contents of the recording to the other person. 4 (2) Such person making such a request is not required to 5 file a complaint and the contents of the recording are not 6 required to be part of an investigation in order for a person 7 to make such a request. 8 (3) A person making such a request may view and make or 9 request a copy of the contents of a recording created by a body 10 camera. The agency retaining the contents of the recording 11 shall provide such a person with a copy of the requested 12 recording. 13 f. A person, who is not a part of the contents of a 14 recording created by a body camera, may request a copy of such 15 recording. Before the request is granted, each person who is 16 part of the contents of the recording shall be notified of 17 the request and may object to the request. If no objection 18 is made, the agency shall make available to the requesting 19 party a copy of the contents of the recording. If an objection 20 is made, the objecting party has thirty days to petition the 21 district court to order that the contents of the recording not 22 be released, otherwise the contents of the recording shall be 23 released. 24 g. Prior to deleting or disposing of the contents of a 25 recording created by a body camera, the person who has the 26 responsibility of deleting or disposing of such a recording on 27 behalf of the agency shall review all applicable and available 28 records, files, and databases to ascertain whether any reason 29 exists that the recording should not be deleted or disposed of 30 under this section or under the policies of the agency. The 31 contents of such a recording shall not be deleted or disposed 32 of if such a reason exists. 33 7. A peace officer who fails to record any interaction as 34 required by this section or who fails to stop recording an 35 -4- LSB 1616YH (1) 89 as/rh 4/ 8

H.F. 43 interaction as required by this section shall be considered 1 to have committed a violation of this section. For a first 2 violation a peace officer shall be given a written reprimand. 3 For a second or subsequent violation the peace officer shall 4 be suspended until an investigation into the cause of the 5 violation has been completed. 6 8. If during a criminal prosecution or civil action an 7 agency is unable to produce a body camera recording required 8 to be made and retained pursuant to this section, a rebuttable 9 presumption arises that the recording would corroborate the 10 version of the facts advanced by the defendant in the criminal 11 action or the party opposing the peace officer or agency in the 12 civil action. 13 9. An agency shall participate in any existing state or 14 federal programs that fund or supplement the costs to purchase 15 and maintain body cameras worn by peace officers. 16 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 3, shall not apply to this Act. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill requires certain peace officers, including tribal 22 law enforcement officers, to wear and use a body camera. 23 The bill defines “agency” to mean a law enforcement agency. 24 The bill defines “body camera” to mean an electronic device 25 that is capable of recording video and audio data or capable of 26 transmitting video and audio data to be recorded remotely, and 27 is worn on the person of a peace officer. 28 The contents of the body camera recording shall be a public 29 record and the release of the contents of such a recording 30 shall be governed by new Code section 80C.1 which is created 31 in the bill. 32 The body camera requirement applies to a county sheriff 33 or deputy sheriff, city peace officer, peace officer member 34 of the department of public safety, peace officer at a 35 -5- LSB 1616YH (1) 89 as/rh 5/ 8

H.F. 43 regents institution, conservation officer, an employee of the 1 department of transportation designated as a peace officer, 2 an employee of an aviation authority designated as a peace 3 officer, and a certified tribal law enforcement officer. 4 The bill requires a peace officer to wear a body camera 5 at all times while on duty and in uniform. The bill further 6 requires that the peace officer record all interactions with 7 people in the performance of the official duties of the peace 8 officer from the beginning to the end of those interactions. 9 The bill specifies that a body camera must be worn on the 10 chest or at the eye level of the peace officer. 11 The bill prohibits a body camera from containing facial 12 recognition technology unless the use of such technology has 13 been authorized by the court pursuant to an arrest or search 14 warrant. 15 The bill requires a peace officer to inform a person when 16 that person is being recorded by a body camera unless informing 17 the person would be unsafe, impractical, or impossible. 18 If a peace officer who is wearing a body camera enters a 19 residence without a warrant or where no exigent circumstances 20 exist, the bill requires that the peace officer immediately ask 21 a resident whether the resident desires the peace officer to 22 stop the body camera recording while the peace officer is in 23 the residence. If the resident responds in the affirmative, 24 the bill requires the peace officer to stop the body camera 25 recording. The bill also requires the peace officer to record 26 the question and any answer to the question. 27 If a peace officer wearing a body camera interacts with a 28 person reporting a crime, providing information regarding a 29 crime or ongoing investigation, or claiming to be a victim of a 30 crime, the bill requires the peace officer to immediately ask 31 whether the person desires the peace officer to stop the body 32 camera recording of the interaction. If the person responds in 33 the affirmative, the bill requires the peace officer to stop 34 the body camera recording. The bill also requires the peace 35 -6- LSB 1616YH (1) 89 as/rh 6/ 8

H.F. 43 officer to record the question and any answer to the question. 1 The bill requires that an agency shall retain the contents of 2 a recording created by a body camera for 30 days. However, an 3 agency shall retain the contents of a recording created by a 4 body camera for three years if any of the following apply: the 5 recording depicts an incident involving the use of force; the 6 recording depicts an incident that leads to detention or arrest 7 of a person; the recording is relevant to a formal or informal 8 complaint against a peace officer or agency; or a request by 9 an interested or authorized person has been made to retain the 10 recording. Under the bill, the contents of the recording may 11 be retained even longer than three years if the contents may be 12 relevant to a criminal prosecution. 13 Any of the following persons may make a request that the 14 contents of a recording created by a body camera be retained 15 for three years: a person who is a part of the contents of 16 the recording; a person whose property has been seized or 17 damaged in relation to, or is otherwise involved with, a crime 18 that is related to the recording; a parent or guardian of a 19 person who is part of the contents of the recording or whose 20 property was seized, damaged, or involved with a crime that 21 is related to the recording; the attorney for a person who is 22 part of the contents of the recording or whose property was 23 seized, damaged, or involved with a crime that is related to 24 the recording; any other person if such person has been given 25 written authority to disclose the contents of the recording 26 by the person who is part of the contents of the recording or 27 whose property was seized or damaged. 28 The bill provides that a person who is not a part of the 29 contents of a recording created by a body camera may request a 30 copy of such recording. Before the request is granted, each 31 person who is part of the contents of the recording shall be 32 notified of the request and may object to the request. If 33 no objection is made, the bill requires the agency to make 34 available to the requesting party a copy of the contents of 35 -7- LSB 1616YH (1) 89 as/rh 7/ 8

H.F. 43 the recording. If an objection is made, the bill allows the 1 objecting party 30 days to petition the district court to order 2 that the contents not be released, otherwise the contents of 3 the recording shall be released. 4 Prior to deleting or disposing of the contents of a recording 5 created by a body camera, the bill requires the person who has 6 the responsibility of deleting or disposing of such a recording 7 on behalf of the agency to review all applicable and available 8 records, files, and databases to ascertain whether any reason 9 exists that the recording should not be disposed of or deleted. 10 A peace officer who fails to record any interaction with 11 a person or who fails to stop recording such interaction 12 as required by the bill commits a violation. For a first 13 violation of the bill a peace officer shall be given a written 14 reprimand. For a second or subsequent violation of the bill 15 the peace officer shall be suspended until an investigation 16 into the cause of the violation has been completed. 17 The bill also provides that if during a criminal prosecution 18 or civil action an agency is unable to produce a body camera 19 recording, a rebuttable presumption arises that the recording 20 would corroborate the version of the facts advanced by the 21 defendant in the criminal action or the party opposing the 22 peace officer or agency in the civil action. 23 The bill specifies that an agency shall participate in any 24 existing state or federal programs that fund or supplement 25 the costs to purchase and maintain body cameras worn by peace 26 officers. 27 The bill may include a state mandate as defined in Code 28 section 25B.3. The bill makes inapplicable Code section 25B.2, 29 subsection 3, which would relieve a political subdivision from 30 complying with a state mandate if funding for the cost of 31 the state mandate is not provided or specified. Therefore, 32 political subdivisions are required to comply with any state 33 mandate included in the bill. 34 -8- LSB 1616YH (1) 89 as/rh 8/ 8