Enrolled Copy H.B. 339
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Law Enforcement Investigation Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill addresses the activation and use of body-worn cameras by law enforcement
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officers.
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Highlighted Provisions:
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This bill:
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▸ exempts a law enforcement officer who wears a body-worn camera and is a part of a
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narcotics unit or task force or engaged in an undercover operation from certain
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requirements relating to the activation and use of the body-worn camera; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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77-7a-104, as last amended by Laws of Utah 2020, Chapter 404
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REPEALS:
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77-7a-101, as enacted by Laws of Utah 2016, Chapter 410
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 77-7a-104 is amended to read:
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77-7a-104 . Activation and use of body-worn cameras.
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(1) As used in this section:
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(a) "Health care facility" means the same as that term is defined in Section 78B-3-403.
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(b) "Health care provider" means the same as that term is defined in Section 78B-3-403. H.B. 339 Enrolled Copy
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(c) "Hospital" means the same as that term is defined in Section 78B-3-403.
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(d) "Human service program" means the same as that term is defined in Section
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26B-2-101.
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(2) Except as provided in Subsection (5), an officer using a body-worn camera:
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[(1)] (a) [An officer using a body-worn camera ]shall verify that the equipment is
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properly functioning as is reasonably within the officer's ability[.] ;
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[(2)] (b) [An officer ]shall report any malfunctioning equipment to the officer's
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supervisor if:
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[(a)] (i) the body-worn camera issued to the officer is not functioning properly upon
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initial inspection; or
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[(b)] (ii) [an ] the officer determines that the officer's body-worn camera is not
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functioning properly at any time while the officer is on duty[.] ;
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[(3)] (c) [An officer ]shall wear the body-worn camera so that it is clearly visible to the [
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person] individual being recorded[.] ;
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[(4)] (d) [An officer ]shall activate the body-worn camera prior to any law enforcement
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encounter, or as soon as reasonably possible[.] ;
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[(5)] (e) [An officer ]shall record in an uninterrupted manner until after the conclusion of
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a law enforcement encounter, except as an interruption of a recording is allowed
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under this section[.] ;
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[(6)] (f) [When] shall, when going on duty and off duty, [an officer who is issued a
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body-worn camera shall ]record the officer's name, identification number, and the
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current time and date, unless the information is already available due to the
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functionality of the body-worn camera[.] ;
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[(7)] (g) [If a] shall, if the body-worn camera was present during a law enforcement
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encounter, [the officer shall ]document the presence of the body-worn camera in any
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report or other official record of a contact[.] ;
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[(8)] (h) [When a ] except as provided in Subsection (2)(i), when the body-worn camera
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has been activated[, the officer may not deactivate the] during the officer's direct
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participation in a law enforcement encounter, keep the body-worn camera activated
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until the officer's direct participation in the law enforcement encounter is complete[,
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except as provided in Subsection (9).] ;
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[(9)] (i) [An officer ]may deactivate [a] the body-worn camera:
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[(a)] (i) to consult with a supervisor or another officer;
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[(b)] (ii) during a significant period of inactivity;
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[(c)] (iii) during a conversation with a sensitive victim of crime, a witness of a crime,
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or an individual who wishes to report or discuss criminal activity if:
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[(i)] (A) the individual who is the subject of the recording requests that the officer
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deactivate the officer's body-worn camera; and
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[(ii)] (B) the officer believes that the value of the information outweighs the value
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of the potential recording and records the request by the individual to
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deactivate the body-worn camera; or
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[(d)] (iv) during a conversation with a victim of a sexual offense, as described in Title
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76, Chapter 5, Part 4, Sexual Offenses, or domestic violence, as defined in Section
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77-36-1, if:
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[(i)] (A) the officer is conducting an evidence-based lethality assessment;
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[(ii)] (B) the victim or the officer believes that deactivating the body-worn camera
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recording[:]
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[(A)] will encourage complete and accurate information sharing by the victim[;] ,
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or
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[(B)] is necessary to protect the safety or identity of the victim; and
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[(iii)] (C) the officer's body-worn camera is reactivated as soon as reasonably
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possible after the evidence-based lethality assessment is complete[.] ;
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[(10)] (j) [If an] shall, if the officer deactivates or fails to activate [a] the body-worn
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camera in violation of this section, [the officer shall ]document in a written report the
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reason for deactivating or for failing to activate [a] the body-worn camera[ in a
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written report.] ; and
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[(11)(a) For purposes of this Subsection (11):]
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[(i) "Health care facility" means the same as that term is defined in Section
78B-3-403.]
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[(ii) "Health care provider" means the same as that term is defined in Section
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78B-3-403.]
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[(iii) "Hospital" means the same as that term is defined in Section 78B-3-403.]
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[(iv) "Human service program" means the same as that term is defined in Section
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26B-2-101.]
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[(b)] (k) [An officer ]may not activate a body-worn camera in a hospital, health care
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facility, human service program, or the clinic of a health care provider, except during
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a law enforcement encounter, and with notice under Section 77-7a-105.
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[(12)] (3) A violation of this section may not serve as the sole basis to dismiss a criminal
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case or charge.
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[(13)] (4) [Nothing in this ] This section [precludes] does not preclude a law enforcement
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agency from establishing internal agency policies for an officer's failure to comply with
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the requirements of this section.
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(5) Subsections (2)(c), (d), (e), (g), (h), and (j) do not apply to an officer who:
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(a) is assigned to a narcotics unit or task force that is engaged primarily in narcotics
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investigations; or
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(b) is engaged in an undercover operation.
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Section 2. Repealer.
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This bill repeals:
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Section 77-7a-101, Title.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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