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2021 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 7a - Law Enforcement Use of Body-worn Cameras
Section 104 - Activation and use of body-worn cameras.
Universal Citation:
UT Code § 77-7a-104 (2021)
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Effective 5/12/2020
77-7a-104. Activation and use of body-worn cameras.
Amended by Chapter 404, 2020 General Session
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 Title 76, Chapter 5, Part 4, Sexual Offenses, 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 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):
- (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
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