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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
law enforcement activity; recording prohibition
Purpose
Prohibits a person from making a video recording of a law enforcement activity within eight feet of the law enforcement activity, with certain exceptions.
Background
A person commits obstructing governmental operations if, by using or threatening to use violence or physical force, the person knowingly obstructs, impairs or hinders: 1) the performance of a governmental function by a public servant acting under color of the public servant's official authority; or 2) the enforcement of the penal law or the preservation of the peace by a peace officer acting under color of the peace officer's official authority. Obstructing government operations is a class 1 misdemeanor (A.R.S. § 13-2402).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from knowingly making a video recording of a law enforcement activity within eight feet of where the law enforcement activity is occurring without permission from a law enforcement officer.
2. Allows a person, if a law enforcement activity occurs in an enclosed structure, to record the law enforcement activity from within eight feet in an adjacent room or area, unless a law enforcement officer determines that:
a) the person is interfering with the law enforcement activity; or
b) it is not safe to be in the area and orders the person to stop recording or leave the area.
3. Allows a person who is the subject of police contact to record the encounter if the person is not interfering with lawful police actions, including searching, handcuffing or administering a field sobriety test.
4. Allows the occupant of the vehicle who is subject to a police stop to record the encounter if the occupant is not interfering with lawful police actions.
5. Classifies unlawful video recording of law enforcement activity as a petty offense, unless a person fails to comply with a verbal warning of a violation or has been previously convicted of a violation in which case an offense is a class 3 misdemeanor.
6. States that this legislation does not establish a right, or authorize any person, to make a video recording of a law enforcement officer.
7. Defines law enforcement activity as:
a) questioning a suspicious person;
b) conducting an arrest, issuing a summons or enforcing the law; or
c) handling an emotionally disturbed or disorderly person who is exhibiting abnormal behavior.
8. Becomes effective on the general effective date.
House Action
MAPS 2/15/22 W/D
APPROP 2/21/22 DPA 7-5-0-1
3rd Read 2/23/22 31-28-1
Prepared by Senate Research
March 15, 2022
ZD/sr