Section 104 - Activation and use of body-worn cameras.

UT Code § 77-7a-104 (2019) (N/A)
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(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.

(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; and (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.

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

(b) during a significant period of inactivity; and

(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.

(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.

(10) If an officer deactivates a body-worn camera, the officer shall document the reason for deactivating 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 62A-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.

(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 62A-2-101.

(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 62A-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.