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2019 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 7a - Law Enforcement Use of Body-worn Cameras
Section 107 - Retention and release of recordings.
Universal Citation: UT Code § 77-7a-107 (2019)
Effective 5/8/2018
77-7a-107. Retention and release of recordings.
Amended by Chapter 71, 2018 General Session
77-7a-107. Retention and release of recordings.
- (1)
- (a) Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer shall be retained in accordance with applicable federal, state, and local laws.
- (b) Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer may not be retained, electronically or otherwise, by a private entity if the private entity has any authority to:
- (i) withhold the recording; or
- (ii) prevent the political subdivision from accessing or disclosing the recording.
- (c)
- (i) Notwithstanding Subsection (1)(b), a political subdivision may continue to retain a recording in a manner prohibited under Subsection (1)(b) if the political subdivision is under contract with a private entity on May 7, 2018, and the contract includes terms prohibited by Subsection (1)(b).
- (ii) A political subdivision may not renew a contract described in Subsection (1)(c)(i).
- (d) This Subsection (1) does not prohibit a political subdivision from using a private entity's retention or redaction service if the private entity does not have authority to:
- (i) withhold the recording; or
- (ii) prevent the political subdivision from accessing or disclosing the recording.
- (2)
- (a) Any release of recordings made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer shall be subject to Title 63G, Chapter 2, Government Records Access and Management Act.
- (b) Notwithstanding any other provision in state or local law, a person who requests access to the recordings may immediately appeal to a district court, as provided in Section 63G-2-404, any denial of access to a recording based solely on Subsection 63G-2-305(10)(b) or (c) due to a pending criminal action that has been filed in a court of competent jurisdiction.
Amended by Chapter 71, 2018 General Session
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