House File 292 - Introduced




                                 HOUSE FILE       
                                 BY  ABDUL=SAMAD, MEYER,
                                     GAINES, OLDSON, and
                                     HUNTER

                                      A BILL FOR

  1 An Act requiring certain peace officers and school security
  2    personnel to wear a body camera.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1456YH (9) 86
    jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  80C.1  Peace officer body cameras ==
  1  2 requirement == confidentiality.
  1  3    1.  As used in this section unless the context otherwise
  1  4 requires:
  1  5    a.  "Body camera" means an electronic device that is capable
  1  6 of recording video and audio data or capable of transmitting
  1  7 video and audio data to be recorded remotely, and is worn on
  1  8 the person of a peace officer, which includes being attached to
  1  9 the officer's clothing or worn on glasses.
  1 10    b.  "Peace officer" means a peace officer defined in section
  1 11 801.4, subsection 11, paragraphs "a", "b", "c", "f", "g", "h",
  1 12 and "i".  "Peace officer" also includes any person designated by
  1 13 a school or school district to provide security at a public or
  1 14 nonpublic school.
  1 15    2.  A peace officer shall wear a body camera at all times
  1 16 while on duty and in uniform and shall record using the camera
  1 17 all contacts with people in the performance of the official
  1 18 duties of the peace officer from the beginning to the end of
  1 19 those contacts.
  1 20    3.  A body camera shall be worn on the chest or at the eye
  1 21 level of the peace officer.
  1 22    4.  A peace officer shall inform a person when that person
  1 23 is being recorded by a body camera unless informing the person
  1 24 would be unsafe, impractical, or impossible.
  1 25    5.  A recording created by a body camera shall be retained
  1 26 for a period of at least two years from the date of the
  1 27 recording.  The recording shall be retained by the law
  1 28 enforcement agency employing the peace officer or the public or
  1 29 nonpublic school or school district that designates the peace
  1 30 officer to provide security.
  1 31    6.  A peace officer who fails to record any contact
  1 32 as required by this section shall be suspended until an
  1 33 investigation into the cause of the recording failure has been
  1 34 completed.
  1 35    7.  Section 22.7, subsection 5, does not apply to the
  2  1 recording unless the recording is part of an ongoing criminal
  2  2 investigation, and then the confidentiality only applies until
  2  3 the conclusion of that investigation.
  2  4    8.  The law enforcement agency employing the peace officer
  2  5 or the public or nonpublic school or school district that
  2  6 designates the peace officer to provide security shall
  2  7 participate in any existing state or federal programs that fund
  2  8 or supplement the costs to purchase and maintain body cameras
  2  9 worn by peace officers.
  2 10    Sec. 2.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  2 11 3, shall not apply to this Act.
  2 12                           EXPLANATION
  2 13 The inclusion of this explanation does not constitute agreement with
  2 14 the explanation's substance by the members of the general assembly.
  2 15    This bill requires certain peace officers and school
  2 16 security personnel to wear a body camera.
  2 17    The bill defines "body camera" to mean an electronic device
  2 18 that is capable of recording video and audio data or capable of
  2 19 transmitting video and audio data to be recorded remotely, and
  2 20 is worn on the person of a peace officer.
  2 21    The body camera requirement applies to a county sheriff
  2 22 or deputy sheriff, city peace officer, peace officer member
  2 23 of the department of public safety, peace officer at a
  2 24 regents institution, conservation officer, an employee of the
  2 25 department of transportation designated as a peace officer,
  2 26 an employee of an aviation authority designated as a peace
  2 27 officer, and a person designated by a school or school district
  2 28 to provide security at a public or nonpublic school.
  2 29    The bill requires a peace officer to wear a body camera
  2 30 at all times while on duty and in uniform.  The bill further
  2 31 requires that the peace officer record all contacts with people
  2 32 in the performance of the official duties of the peace officer
  2 33 from the beginning to the end of those contacts.
  2 34    The bill specifies that a body camera must be worn on the
  2 35 chest or at the eye level of the peace officer.
  3  1 The bill requires a peace officer to inform a person when
  3  2 that person is being recorded by a body camera unless informing
  3  3 the person would be unsafe, impractical, or impossible.
  3  4    The bill specifies that the recording created with a body
  3  5 camera shall be retained for a period of at least two years
  3  6 from the date of the recording. The recording shall be
  3  7 retained by the law enforcement agency employing the peace
  3  8 officer or the school district or public or private school that
  3  9 designates the peace officer to provide security.
  3 10    A peace officer who fails to record any contact as required
  3 11 by the bill shall be suspended until an investigation into the
  3 12 cause of the recording failure has been completed.
  3 13    The bill provides that the recording is not a confidential
  3 14 record unless the recording is part of an ongoing criminal
  3 15 investigation, and then the confidentiality under the bill only
  3 16 applies until the conclusion of that investigation.
  3 17    The bill specifies that a law enforcement agency employing
  3 18 the peace officer or the public or nonpublic school or school
  3 19 district that designates the peace officer to provide security
  3 20 shall participate in any existing state or federal programs
  3 21 that fund or supplement the costs to purchase and maintain
  3 22 body cameras worn by peace officers.
  3 23    The bill may include a state mandate as defined in Code
  3 24 section 25B.3.  The bill makes inapplicable Code section 25B.2,
  3 25 subsection 3, which would relieve a political subdivision from
  3 26 complying with a state mandate if funding for the cost of
  3 27 the state mandate is not provided or specified.  Therefore,
  3 28 political subdivisions are required to comply with any state
  3 29 mandate included in the bill.
       LSB 1456YH (9) 86
       jm/rj