77-7a-107. Retention and release of recordings.
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Effective 5/4/2022
77-7a-107. Retention and release of recordings.
(a)Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer shall be retained in accordance with applicable federal, state, and local laws.
(b)Any recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer may not be retained, electronically or otherwise, by a private entity if the private entity has any authority to:
(i)withhold the recording; or
(ii)prevent the political subdivision from accessing or disclosing the recording.
(i)Notwithstanding Subsection (1)(b) , a political subdivision may continue to retain a recording in a manner prohibited under Subsection (1)(b) if the political subdivision is under contract with a private entity on May 7, 2018, and the contract includes terms prohibited by Subsection (1)(b) .
(ii)A political subdivision may not renew a contract described in Subsection (1)(c)(i) .
(d)This Subsection
(1)does not prohibit a political subdivision from using a private entity's retention or redaction service if the private entity does not have authority to:
(i)withhold the recording; or
(ii)prevent the political subdivision from accessing or disclosing the recording.
(a)Except as provided in Subsection (3)(e) , a release of a recording made by an officer while on duty or acting in the officer's official capacity as a law enforcement officer is subject to Title 63G, Chapter 2, Government Records Access and Management Act .
(b)Notwithstanding any other provision in state or local law, a person who requests access to a recording may immediately appeal to a district court, as provided in Section 63G-2-404 , any denial of access to a recording based solely on Subsection 63G-2-305(10)(b) or
(c)due to a pending criminal action that has been filed in a court of competent jurisdiction.
(a)A person may request from a law enforcement agency the release of a recording of an incident between an officer and an individual that results in death or serious bodily injury, or during which an officer fires a weapon.
(b)A person shall make a request under Subsection (3)(a) to the law enforcement agency responsible for creating the recording described in Subsection (3)(a) .
(c)The law enforcement agency described in Subsection (3)(b) shall direct a records custodian in possession of a recording described in Subsection (3)(a) to release the recording to the requesting party under Subsection (3)(a) within 10 days after the day on which one of the following occurs:
(i)the prosecuting agency declines to file a criminal action related to the incident;
(A)the prosecuting agency files a criminal action related to the incident;
(B)the judge adjudicating the criminal action is notified by the prosecutor or the defendant of the request to release the recording; and
(C)the judge determines that the release of the recording would not have a substantial likelihood of prejudicing a finder of fact in the criminal action; or
(iii)if more than 10 days have passed since the day on which the events described in Subsection (3)(c)(i) or (3)(c)(ii) occurred, the day on which the law enforcement agency described in Subsection (3)(b) receives the request under Subsection (3)(a) .
(d)Notwithstanding Subsection (3)(a) or
(c), a law enforcement agency may not, in response to a request under Subsection (3)(a) , direct a records custodian in possession of a recording to release the recording if the law enforcement agency is notified that one of the following individuals has requested that the recording not be publicly distributed:
(i)an individual injured in the incident described in Subsection (3)(a) ; or
(ii)an immediate family member of an individual injured or killed in the incident described in Subsection (3)(a) .
(e)The provisions of Title 63G, Chapter 2, Government Records Access and Management Act , do not apply to this Subsection
(3).
Amended by Chapter 150 , 2022 General Session