SB1300 - 521R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 38, chapter 8, Arizona Revised Statutes, is amended by adding article 3, to read:

ARTICLE 3. LAW ENFORCEMENT OFFICER BODY CAMERAS

START_STATUTE38-1161. Definition

In this article, unless the context otherwise requires, "law enforcement officer body camera" includes a video and audio recording device that is worn on the body of a law enforcement officer. END_STATUTE

START_STATUTE38-1162. Law enforcement agency body camera restrictions; training recordings; public records; camera operations

A. A law enforcement agency may not employ a law enforcement officer body camera that operates on a continuous basis.

B. A law enforcement officer body camera that continuously records but only retains up to two minutes of video when activated by the officer is not considered a body camera that operates on a continuous basis.

C. If a law enforcement agency issues a body camera to an officer, the officer shall control the operation of the camera and shall record the following situations, when practicable, unless otherwise prohibited by law:

1. A call for service.

2. A traffic stop.

3. When making an arrest.

4. Stopping a person whose behavior or actions are suspicious.

5. Having any contact with an emotionally disturbed person.

6. When the officer believes the situation may generate a civilian complaint.

7. Any time that the officer believes a situation may turn into a situation listed in this subsection.

8. Any activity that is likely to lead to a criminal or civil court action.

9. Any activity in which all of the involved parties consent to the recording and the recording is not otherwise prohibited by law or a law enforcement agency policy.

D. A law enforcement officer must turn off the body camera when the officer believes that the situation has concluded. If at any time a law enforcement officer forgets to turn off the body camera, the law enforcement officer shall notify the law enforcement agency and the recording may not be viewed.

E. A law enforcement officer may turn a body camera off during any of the following situations:

1. A conversation with a person who is not a suspect or the object of a law enforcement action when the person requests that the body camera be turned off. A law enforcement officer must announce on the recording that the body camera is being turned off at the person's request.

2. Unless prohibited by law or a law enforcement agency policy, a conversation between law enforcement officers that relates to the handling of an incident, including information about any involved parties and action options. The law enforcement officer must announce on the recording that the body camera is being turned off.

3. Unless prohibited by law or a law enforcement agency policy, when the suspect or object of a law enforcement action makes a request on the recording that the body camera be turned off and the law enforcement officer consents to turning off the body camera. A body camera that is turned off pursuant to this paragraph shall be turned back on if the situation expands beyond more than mere discussion and evolves into a law enforcement action, shouting or violence. The law enforcement officer must announce on the recording that the body camera is being turned off. This paragraph does not apply during the investigation of a domestic violence offense if the law enforcement agency has a written policy that requires the recording of domestic violence investigations.

4. A conversation or activity that occurs during the situation but that is not related to the situation, including a personal conversation or the use of restroom facilities.

F. If the recorded incident involves a law enforcement activity or the handling of an emotionally disturbed person, the recorded incident may be saved and used for training purposes. A recorded incident saved for training purposes may be viewed only by law enforcement officers, law enforcement recruits, reserve law enforcement officers, posse members, volunteer law enforcement officers and law enforcement dispatchers and, if applicable, any consultants or outside training personnel.

G. A law enforcement officer body camera recording and any electronic data associated with the recording is not a public record and is exempt from title 39, chapter 1. A law enforcement agency shall release a recording, or a portion of a recording, to the public only if the public's need to view the recording outweighs the interests of privacy or confidentiality or the best interests of the state, the release will not interfere with or compromise an ongoing investigation and the request is not burdensome or harassing. A person's right to avoid public embarrassment outweighs the public's right to view a recording for entertainment purposes. If a law enforcement agency does not consent to the release of a body camera recording, the person making a request for the recording may file a special action in superior court. The superior court shall review whether or not the law enforcement agency's determination complies with this subsection. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this subsection if the person seeking the recordings has substantially prevailed. Any person who is wrongfully denied access to a recording pursuant to this subsection has a cause of action against the law enforcement agency for any damages resulting from the denial.

Sec. 2. Law enforcement officer body camera study committee; membership; duties; report; delayed repeal

A. The law enforcement officer body camera study committee is established consisting of the following members:

1. One member of the senate who is appointed by the president of the senate and who serves as cochairperson of the committee.

2. One member of the house of representatives who is appointed by the speaker of the house of representatives and who serves as cochairperson of the committee.

3. One police chief of a police department in this state who is appointed by the governor.

4. One county sheriff who is appointed by the governor.

5. One member who is a faculty member in a criminal justice program at a university in this state and who is appointed by the governor.

6. One representative of a news gathering organization who is appointed by the governor.

7. One member who is a state prosecutor and who is appointed by the Arizona prosecuting attorneys' advisory council.

8. Three persons who are members of a police association and who are appointed by the governor.

9. Two attorneys who are members of the state bar, one of whom represents a group that promotes civil liberties, and who are appointed by the governor.

10. Two public members who are residents of this state, one of whom is associated with a civil rights association, and who are appointed by the governor.

B. The study committee shall recommend policies and laws on the use of law enforcement officer body cameras and body camera recordings.

C. The law enforcement officer body camera study committee may:

1. Request information, data and reports from any county or state agency or political subdivision of this state. If possible, information shall be provided electronically.

2. Hold hearings, conduct fact-finding tours and take testimony from witnesses, including participants in the criminal justice system, who may assist the committee in fulfilling its responsibilities.

D. On the request of the law enforcement officer body camera study committee, an agency of this state shall provide to the committee its services, equipment, documents, personnel and facilities to the extent possible without cost to the committee.

E. The legislature shall provide staff and support services to the committee.

F. The committee shall meet at the state capitol or at other places as the cochairpersons deem necessary or convenient, and all meetings shall be open to the public.

G. Members of the study committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.

H. On or before December 31, 2015, the study committee shall submit a report regarding its findings and recommendations to the governor, the speaker of the house of representatives and the president of the senate and provide a copy of its report to the secretary of state. The report shall include the committee's recommendations regarding the use of law enforcement officer body cameras in this state.

I. This section is repealed from and after June 30, 2016.