House Study Bill 141 - IntroducedA Bill ForAn Act 1relating to the confidentiality of peace officer body
2camera data under Iowa’s open records law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 22.7, Code 2019, is amended by adding the
2following new subsection:
3   NEW SUBSECTION.  5A.  Body camera data, except as follows:
   4a.  (1)  If a subject of an encounter has a reasonable
5expectation of privacy at the time of the encounter, any
6contents of a body camera recording of the subject of the
7encounter relating to the filing of a complaint, the discharge
8of a firearm, the use of force, an arrest or detention, or an
9action resulting in death or bodily harm shall be available for
10inspection and copying if all of the following apply:
   11(a)  The subject of the encounter captured on the recording
12is a victim or witness.
   13(b)  The lawful custodian obtains written permission from
14the subject or the subject’s legal representative.
   15(2)  The subject of an encounter referred to in subparagraph
16(1) does not have a reasonable expectation of privacy if
17the subject is arrested because of the encounter or matters
18relating to the encounter.
   19b.  Only recordings or portions of recordings responsive to
20a request for access to the recording shall be available for
21inspection or copying.
   22c.  Any portion of a recording that identifies a subject
23who is not a peace officer, a subject of the encounter, or a
24subject directly involved in the encounter shall be redacted to
25remove identifying information of the subject.
   26d.  Any recording which is identified as relating to the
27filing of a complaint, the discharge of a firearm, the use
28of force, an arrest or detention, or an action resulting in
29death or bodily harm shall be subject to inspection and copying
30except as provided in paragraph “a”.
   31e.  Upon request, a lawful custodian shall permit inspection
32and copying of a recording by a subject of an encounter,
33the subject's attorney, or a peace officer involved in the
34encounter or depicted on the recording or the peace officer’s
35legal representative.
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   1f.  For purposes of this subsection:
   2(1)  “Body camera” means an electronic device that is capable
3of recording video and audio data or capable of transmitting
4video and audio data to be recorded remotely, and is worn on
5the person of a peace officer, which includes being attached to
6the officer’s clothing or worn on eyeglasses.
   7(2)  “Encounter” includes but is not limited to traffic
8stops, pedestrian stops, arrests, searches, interrogations,
9investigations, pursuits, crowd control, traffic control,
10interactions with persons while on patrol, or any other
11instance involving a peace officer.
   12(3)  “Peace officer” means a peace officer defined in section
13801.4, subsection 11, paragraph “a”, “b”, “c”, “f”, “g”, “h”,
14or “i”, or a certified law enforcement officer under section
1580B.18.
   16(4)  “Subject” means a person whose image or voice is
17recorded by a body camera.
   18(5)  “Witness” does not include a person who is a victim or
19who was arrested because of the encounter or matters relating
20to the encounter.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
   24This bill relates to access to peace officer body camera data
25under the Iowa open records law.
   26The bill defines “body camera” to mean an electronic device
27that is capable of recording video and audio data or capable of
28transmitting video and audio data to be recorded remotely, and
29is worn on the person of a peace officer, which includes being
30attached to the officer’s clothing or worn on eyeglasses.
   31The bill defines “peace officer” to mean a peace officer
32defined in Code section 801.4, subsection 11, paragraph “a”,
33“b”, “c”, “f”, “g”, “h”, or “i”, or a certified law enforcement
34officer under Code section 80B.18.
   35The bill defines “encounter” to include but not be limited
-2-1to traffic stops, pedestrian stops, arrests, searches,
2interrogations, investigations, pursuits, crowd control,
3traffic control, interactions with persons while on patrol, or
4any other instance involving a peace officer.
   5The bill defines “subject” to mean a person whose image or
6voice is recorded by a body camera.
   7The bill defines that “witness" does not include a person
8who is a victim or who was arrested because of the encounter or
9matters relating to the encounter.
   10The bill provides that body camera data is confidential and
11not subject to inspection and copying except for body camera
12data collected when a subject of an encounter has a reasonable
13expectation of privacy and the recording relates to the filing
14of a complaint, the discharge of a firearm, the use of force,
15an arrest or detention, or an action resulting in death or
16bodily harm, if the subject captured on the recording is a
17victim or witness and gives their consent. The bill provides
18that the subject of an encounter does not have a reasonable
19expectation of privacy if the subject is arrested because of
20the encounter or matters related to the encounter.
   21The bill provides that only recordings or portions of
22recordings responsive to a request shall be available for
23inspection or copying. Any recording disclosed shall be
24redacted to remove identifying information of a subject who is
25not a peace officer, a subject of the encounter, or a subject
26directly involved in the encounter.
   27Any recording which is identified as relating to the filing
28of a complaint, the discharge of a firearm, the use of force,
29an arrest or detention, or an action resulting in death or
30bodily harm, is subject to inspection and copying, except as
31otherwise provided in the bill.
   32Upon request, a lawful custodian shall make a recording
33available to the subject of an encounter the subject’s
34attorney, or a peace officer involved in the encounter
35or depicted on the recording or the officer’s legal
-3-1representative.
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