Utah Code 77-7a-104. Activation and use of body-worn cameras

(1)	An officer using a body-worn camera shall verify that the equipment is properly functioning as is reasonably within the officer’s ability.

(2)

An officer shall report any malfunctioning equipment to the officer’s supervisor if:

(a)	the body-worn camera issued to the officer is not functioning properly upon initial inspection; or

(b)	an officer determines that the officer’s body-worn camera is not functioning properly at any time while the officer is on duty.

(3)	An officer shall wear the body-worn camera so that it is clearly visible to the person being recorded.

(4)	An officer shall activate the body-worn camera prior to any law enforcement encounter, or as soon as reasonably possible.

(5)	An officer shall record in an uninterrupted manner until after the conclusion of a law enforcement encounter, except as an interruption of a recording is allowed under this section.

(6)	When going on duty and off duty, an officer who is issued a body-worn camera shall record the officer’s name, identification number, and the current time and date, unless the information is already available due to the functionality of the body-worn camera.

(7)	If a body-worn camera was present during a law enforcement encounter, the officer shall document the presence of the body-worn camera in any report or other official record of a contact.

(8)	When a body-worn camera has been activated, the officer may not deactivate the body-worn camera until the officer’s direct participation in the law enforcement encounter is complete, except as provided in Subsection (9).

(9)

An officer may deactivate a body-worn camera:

(a)	to consult with a supervisor or another officer;

(b)	during a significant period of inactivity;

(c)

during a conversation with a sensitive victim of crime, a witness of a crime, or an individual who wishes to report or discuss criminal activity if:

(i)	the individual who is the subject of the recording requests that the officer deactivate the officer’s body-worn camera; and

(ii)	the officer believes that the value of the information outweighs the value of the potential recording and records the request by the individual to deactivate the body-worn camera; or

(d)

during a conversation with a victim of a sexual offense, as described in 4, or domestic violence, as defined in Section 77-36-1, if:

(i)	the officer is conducting an evidence-based lethality assessment;

(ii)

the victim or the officer believes that deactivating the body-worn camera recording:

(A)	will encourage complete and accurate information sharing by the victim; or

(B)	is necessary to protect the safety or identity of the victim; and

(iii)

the officer’s body-worn camera is reactivated as soon as reasonably possible after the evidence-based lethality assessment is complete.

(10)	If an officer deactivates or fails to activate a body-worn camera in violation of this section, the officer shall document the reason for deactivating or for failing to activate a body-worn camera in a written report.

(11)

(a)

For purposes of this Subsection (11):

(i)	“Health care facility” means the same as that term is defined in Section 78B-3-403.

(ii)	“Health care provider” means the same as that term is defined in Section 78B-3-403.

(iii)

“Hospital” means the same as that term is defined in Section 78B-3-403.

(iv)	“Human service program” means the same as that term is defined in Section 26B-2-101.

(b)	An officer may not activate a body-worn camera in a hospital, health care facility, human service program, or the clinic of a health care provider, except during a law enforcement encounter, and with notice under Section 77-7a-105.

(12)	A violation of this section may not serve as the sole basis to dismiss a criminal case or charge.

(13)	Nothing in this section precludes a law enforcement agency from establishing internal agency policies for an officer’s failure to comply with the requirements of this section.

Amended by Chapter 404, 2020 General Session