ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: MAPS W/D | APPROP DPA 7-5-0-1 | 3rd Read 31-28-1-0

Senate: JUD DP 5-3-0-0 | 3rd Read 16-12-2-0

HB 2319: law enforcement activity; recording prohibition

Sponsor: Representative Kavanagh, LD 23

Senate Engrossed

Overview

Outlines regulations for a person making a video recording (recording) of a law enforcement activity (activity).

History

Statute prohibits a person from obstructing governmental operations.  A person commits obstructing governmental operations when the person uses threats or violence to hinder a peace officer from enforcing the law or acting under official authority.  This offense is classified as a class 1 misdemeanor (A.R.S. 13-2402).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStates that it is unlawful for a person to knowingly make a recording within eight feet of an activity and without the permission of a law enforcement officer (LEO). (Sec. 1)

2.   Directs that for an activity occurring inside a closed structure on private property, a person authorized to be on the private property may make a video recording of the activity from an adjacent room that is less than eight feet away from the activity. (Sec. 1)

3.   States a person may not make a video recording of an activity from within eight feet of an activity inside a closed structure on private property if the LEO determines the person is interfering with the activity or that is it not safe to be in the area. (Sec. 1)

4.   Provides that a person who is the subject of the police contact may make a recording if doing so does not interfere with lawful police actions. (Sec. 1)

5.   Asserts these provisions do not establish a right or authorize any person to make a video recording of an activity. (Sec. 1)

6.   Classifies unlawfully recording an activity as a petty offense. (Sec. 1)

7.   Classifies failing to comply with LEO verbal warnings regarding recording an activity or if the person has been previously convicted of unlawfully recording an activity as a class 3 misdemeanor (Sec. 1)

8.   Defines law enforcement activity. (Sec. 1)

Senate Amendments

1.   Modifies the conditions necessary to commit knowingly making a video recording of a law enforcement activity by specifying:

a)   The person making the recording must know, or reasonably know, where the activity is occurring;

b)   The person must continue recording within eight feet of the activity after a LEO provides verbal warning that the person is prohibited from making the recording, rather than not have the LEO's permission.

2.   Removes the petty offense classification for a first violation and classifies any violation as a class 3 misdemeanor.

3.   Makes technical changes.

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7.                     HB 2319

8.   Initials FK  Page 0 Senate Engrossed

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