House File 43 - IntroducedA Bill ForAn Act 1requiring certain peace officers, including tribal law
2enforcement officers, to wear and use a body camera and
3providing remedies.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 22.7, subsection 5, Code 2021, is amended
2to read as follows:
   35.  Peace officers’ investigative reports, privileged
4records or information specified in section 80G.2, and specific
5portions of electronic mail and telephone billing records of
6law enforcement agencies if that information is part of an
7ongoing investigation, except where disclosure is authorized
8elsewhere in this Code. However, the date, time, specific
9location, and immediate facts and circumstances surrounding a
10crime or incident shall not be kept confidential under this
11section, except in those unusual circumstances where disclosure
12would plainly and seriously jeopardize an investigation or pose
13a clear and present danger to the safety of an individual.
14Specific portions of electronic mail and telephone billing
15records may only be kept confidential under this subsection if
16the length of time prescribed for commencement of prosecution
17or the finding of an indictment or information under the
18statute of limitations applicable to the crime that is under
19investigation has not expired. The contents of a peace officer
20body camera recording shall be a public record. However, the
21release of the contents of such a recording shall be governed
22by section 80C.1.

23   Sec. 2.  NEW SECTION.  80C.1  Peace officer body cameras —
24requirement — confidentiality — disclosure — retention.
   251.  As used in this section, unless the context otherwise
26requires:
   27a.  “Agency” means a law enforcement agency.
   28b.  “Body camera” means an electronic device that is capable
29of recording video and audio data or capable of transmitting
30video and audio data to be recorded remotely, and is worn on
31the person of a peace officer, which includes being attached to
32the officer’s clothing or worn on eyeglasses.
   33c.  “Peace officer” means a peace officer defined in section
34801.4, subsection 11, paragraph “a”, “b”, “c”, “f”, “g”, “h”,
35or “i”, or a certified law enforcement officer under section
-1-180B.18.
   22.  A peace officer shall wear a body camera at all times
3while on duty and in uniform and shall record using the body
4camera all interactions with people in the performance of the
5official duties of the peace officer from the beginning to the
6end of those interactions.
   73.  A body camera shall be worn on the chest or at the eye
8level of the peace officer.
   94.  A body camera shall not contain facial recognition
10technology unless the use of such technology has been
11authorized by the court pursuant to an arrest warrant or a
12search warrant.
   135.  A peace officer shall inform a person when that person
14is being recorded by a body camera unless informing the person
15would be unsafe, impractical, or impossible.
   16a.  If a peace officer wearing a body camera enters a
17residence without a warrant or where no exigent circumstances
18exist, the peace officer shall immediately ask whether a
19resident desires the peace officer to stop the body camera
20recording while the peace officer is in the residence. If the
21resident responds in the affirmative, the peace officer shall
22stop the body camera recording. The peace officer shall record
23the question required to be asked by this paragraph and any
24answer to the question.
   25b.  If a peace officer wearing a body camera interacts with
26a person reporting a crime, providing information regarding
27a crime or ongoing investigation, or claiming to be a victim
28of a crime, the peace officer shall immediately ask whether
29the person desires the peace officer to stop the body camera
30recording of the interaction. If the person responds in the
31affirmative, the peace officer shall stop the body camera
32recording. The peace officer shall record the question
33required to be asked by this paragraph and any answer to the
34question.
   356.  a.  Except as otherwise provided in this subsection, an
-2-1agency shall retain the contents of a recording created by a
2body camera for thirty days.
   3b.  An agency shall retain the contents of a recording
4created by a body camera for a period of three years beginning
5on the date of the recording if any of the following apply:
   6(1)  The recording depicts an incident involving the use of
7force.
   8(2)  The recording depicts an incident that leads to
9detention or arrest of a person.
   10(3)  The recording is relevant to a formal or informal
11complaint against a peace officer or agency.
   12(4)  A request regarding the recording has been made pursuant
13to paragraph “e”.
   14c.  If the contents of a recording created by a body camera
15may be used in a criminal prosecution, the agency shall retain
16the contents of such recording in the same manner as other
17evidence in the criminal prosecution and the time period to
18retain the contents of the recording under paragraph “a” or “b”
19shall be extended to equal the time period for the retention of
20other evidence that may be use in the criminal prosecution.
   21d.  An agency shall post on the public internet site of the
22agency its policies relating to the retention of recordings
23created by body cameras, requests for the retention of the
24recordings, and requests for copies of such recordings.
   25e.  (1)  Any of the following persons may make a request
26that the contents of a recording created by a body camera be
27retained by the agency for the period of time set out under
28paragraph “b”:
   29(a)  A person who is part of the contents of the recording.
   30(b)  A person whose property has been seized or damaged in
31relation to, or is otherwise involved with, a crime that is
32related to the recording.
   33(c)  A parent or legal guardian of a person described in
34subparagraph division (a) or (b).
   35(d)  An attorney for a person described in subparagraph
-3-1division (a) or (b).
   2(e)  Any other person if the person described in subparagraph
3division (a) or (b) has given written authority to the agency
4to disclose the contents of the recording to the other person.
   5(2)  Such person making such a request is not required to
6file a complaint and the contents of the recording are not
7required to be part of an investigation in order for a person
8to make such a request.
   9(3)  A person making such a request may view and make or
10request a copy of the contents of a recording created by a body
11camera. The agency retaining the contents of the recording
12shall provide such a person with a copy of the requested
13recording.
   14f.  A person, who is not a part of the contents of a
15recording created by a body camera, may request a copy of such
16recording. Before the request is granted, each person who is
17part of the contents of the recording shall be notified of
18the request and may object to the request. If no objection
19is made, the agency shall make available to the requesting
20party a copy of the contents of the recording. If an objection
21is made, the objecting party has thirty days to petition the
22district court to order that the contents of the recording not
23be released, otherwise the contents of the recording shall be
24released.
   25g.  Prior to deleting or disposing of the contents of a
26recording created by a body camera, the person who has the
27responsibility of deleting or disposing of such a recording on
28behalf of the agency shall review all applicable and available
29records, files, and databases to ascertain whether any reason
30exists that the recording should not be deleted or disposed of
31under this section or under the policies of the agency. The
32contents of such a recording shall not be deleted or disposed
33of if such a reason exists.
   347.  A peace officer who fails to record any interaction as
35required by this section or who fails to stop recording an
-4-1interaction as required by this section shall be considered
2to have committed a violation of this section. For a first
3violation a peace officer shall be given a written reprimand.
4For a second or subsequent violation the peace officer shall
5be suspended until an investigation into the cause of the
6violation has been completed.
   78.  If during a criminal prosecution or civil action an
8agency is unable to produce a body camera recording required
9to be made and retained pursuant to this section, a rebuttable
10presumption arises that the recording would corroborate the
11version of the facts advanced by the defendant in the criminal
12action or the party opposing the peace officer or agency in the
13civil action.
   149.  An agency shall participate in any existing state or
15federal programs that fund or supplement the costs to purchase
16and maintain body cameras worn by peace officers.
17   Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
183, shall not apply to this Act.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
   22This bill requires certain peace officers, including tribal
23law enforcement officers, to wear and use a body camera.
   24The bill defines “agency” to mean a law enforcement agency.
   25The bill defines “body camera” to mean an electronic device
26that is capable of recording video and audio data or capable of
27transmitting video and audio data to be recorded remotely, and
28is worn on the person of a peace officer.
   29The contents of the body camera recording shall be a public
30record and the release of the contents of such a recording
31shall be governed by new Code section 80C.1 which is created
32in the bill.
   33The body camera requirement applies to a county sheriff
34or deputy sheriff, city peace officer, peace officer member
35of the department of public safety, peace officer at a
-5-1regents institution, conservation officer, an employee of the
2department of transportation designated as a peace officer,
3an employee of an aviation authority designated as a peace
4officer, and a certified tribal law enforcement officer.
   5The bill requires a peace officer to wear a body camera
6at all times while on duty and in uniform. The bill further
7requires that the peace officer record all interactions with
8people in the performance of the official duties of the peace
9officer from the beginning to the end of those interactions.
   10The bill specifies that a body camera must be worn on the
11chest or at the eye level of the peace officer.
   12The bill prohibits a body camera from containing facial
13recognition technology unless the use of such technology has
14been authorized by the court pursuant to an arrest or search
15warrant.
   16The bill requires a peace officer to inform a person when
17that person is being recorded by a body camera unless informing
18the person would be unsafe, impractical, or impossible.
   19If a peace officer who is wearing a body camera enters a
20residence without a warrant or where no exigent circumstances
21exist, the bill requires that the peace officer immediately ask
22a resident whether the resident desires the peace officer to
23stop the body camera recording while the peace officer is in
24the residence. If the resident responds in the affirmative,
25the bill requires the peace officer to stop the body camera
26recording. The bill also requires the peace officer to record
27the question and any answer to the question.
   28If a peace officer wearing a body camera interacts with a
29person reporting a crime, providing information regarding a
30crime or ongoing investigation, or claiming to be a victim of a
31crime, the bill requires the peace officer to immediately ask
32whether the person desires the peace officer to stop the body
33camera recording of the interaction. If the person responds in
34the affirmative, the bill requires the peace officer to stop
35the body camera recording. The bill also requires the peace
-6-1officer to record the question and any answer to the question.
   2The bill requires that an agency shall retain the contents of
3a recording created by a body camera for 30 days. However, an
4agency shall retain the contents of a recording created by a
5body camera for three years if any of the following apply: the
6recording depicts an incident involving the use of force; the
7recording depicts an incident that leads to detention or arrest
8of a person; the recording is relevant to a formal or informal
9complaint against a peace officer or agency; or a request by
10an interested or authorized person has been made to retain the
11recording. Under the bill, the contents of the recording may
12be retained even longer than three years if the contents may be
13relevant to a criminal prosecution.
   14Any of the following persons may make a request that the
15contents of a recording created by a body camera be retained
16for three years: a person who is a part of the contents of
17the recording; a person whose property has been seized or
18damaged in relation to, or is otherwise involved with, a crime
19that is related to the recording; a parent or guardian of a
20person who is part of the contents of the recording or whose
21property was seized, damaged, or involved with a crime that
22is related to the recording; the attorney for a person who is
23part of the contents of the recording or whose property was
24seized, damaged, or involved with a crime that is related to
25the recording; any other person if such person has been given
26written authority to disclose the contents of the recording
27by the person who is part of the contents of the recording or
28whose property was seized or damaged.
   29The bill provides that a person who is not a part of the
30contents of a recording created by a body camera may request a
31copy of such recording. Before the request is granted, each
32person who is part of the contents of the recording shall be
33notified of the request and may object to the request. If
34no objection is made, the bill requires the agency to make
35available to the requesting party a copy of the contents of
-7-1the recording. If an objection is made, the bill allows the
2objecting party 30 days to petition the district court to order
3that the contents not be released, otherwise the contents of
4the recording shall be released.
   5Prior to deleting or disposing of the contents of a recording
6created by a body camera, the bill requires the person who has
7the responsibility of deleting or disposing of such a recording
8on behalf of the agency to review all applicable and available
9records, files, and databases to ascertain whether any reason
10exists that the recording should not be disposed of or deleted.
   11A peace officer who fails to record any interaction with
12a person or who fails to stop recording such interaction
13as required by the bill commits a violation. For a first
14violation of the bill a peace officer shall be given a written
15reprimand. For a second or subsequent violation of the bill
16the peace officer shall be suspended until an investigation
17into the cause of the violation has been completed.
   18The bill also provides that if during a criminal prosecution
19or civil action an agency is unable to produce a body camera
20recording, a rebuttable presumption arises that the recording
21would corroborate the version of the facts advanced by the
22defendant in the criminal action or the party opposing the
23peace officer or agency in the civil action.
   24The bill specifies that an agency shall participate in any
25existing state or federal programs that fund or supplement
26the costs to purchase and maintain body cameras worn by peace
27officers.
   28The bill may include a state mandate as defined in Code
29section 25B.3. The bill makes inapplicable Code section 25B.2,
30subsection 3, which would relieve a political subdivision from
31complying with a state mandate if funding for the cost of
32the state mandate is not provided or specified. Therefore,
33political subdivisions are required to comply with any state
34mandate included in the bill.
-8-
as/rh