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House Engrossed
law enforcement activity; recording prohibition |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HOUSE BILL 2319 |
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An Act
amending title 13, chapter 37, Arizona Revised Statutes, by adding section 13-3732; relating to law enforcement activities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3732, to read:
13-3732. Unlawful video recording of law enforcement activity; classification; definition
A. It is unlawful for a person to knowingly make a video recording of law enforcement activity if the person making the video recording does not have the permission of a law enforcement officer and is within eight feet of where the law enforcement activity is occurring. If the law enforcement activity is occurring in an enclosed structure that is on private property, a person who is authorized to be on the private property may make a video recording of the activity from an adjacent room or area that is less than eight feet away from where the activity is occurring, unless a law enforcement officer determines that the person is INTERFERING in the law enforcement activity or that it is not safe to be in the area and orders the person to stop recording or to leave the area.
B. notwithstanding subsection A of this section, a person who is the subject of police contact may record the encounter if the person is not interfering with lawful police actions, including searching, handcuffing or administering a field sobriety test. The occupant of a vehicle who is the subject of a police stop may record the encounter if the occupant is not interfering with lawful police actions.
C. this section does not establish a right or authorize any person to make a video recording of law enforcement activity.
D. A violation of this section is a petty offense, except that if the person fails to comply with a verbal warning of a violation of this section or has previously been convicted of a violation of this section, it is a class 3 misdemeanor.
E. For the purposes of this section, "law enforcement activity" means any of the following:
1. Questioning a suspicious person.
2. Conducting an arrest, issuing a summons or enforcing the law.
3. Handling an emotionally disturbed or disorderly person who is exhibiting abnormal behavior.