Section 77-7a-104 - Activation and use of body-worn cameras(1) An officer using a body-worn camera shall verify that the equipment is properly functioning as is reasonably within the officer's ability.(2) An officer shall report any malfunctioning equipment to the officer's supervisor if: (a) the body-worn camera issued to the officer is not functioning properly upon initial inspection; or(b) an officer determines that the officer's body-worn camera is not functioning properly at any time while the officer is on duty.(3) An officer shall wear the body-worn camera so that it is clearly visible to the person being recorded.(4) An officer shall activate the body-worn camera prior to any law enforcement encounter, or as soon as reasonably possible.(5) An officer shall record in an uninterrupted manner until after the conclusion of a law enforcement encounter, except as an interruption of a recording is allowed under this section.(6) When going on duty and off duty, an officer who is issued a body-worn camera shall record the officer's name, identification number, and the current time and date, unless the information is already available due to the functionality of the body-worn camera.(7) If a body-worn camera was present during a law enforcement encounter, the officer shall document the presence of the body-worn camera in any report or other official record of a contact.(8) When a body-worn camera has been activated, the officer may not deactivate the body-worn camera until the officer's direct participation in the law enforcement encounter is complete, except as provided in Subsection (9).(9) An officer may deactivate a body-worn camera: (a) to consult with a supervisor or another officer;(b) during a significant period of inactivity;(c) during a conversation with a sensitive victim of crime, a witness of a crime, or an individual who wishes to report or discuss criminal activity if:(i) the individual who is the subject of the recording requests that the officer deactivate the officer's body-worn camera; and(ii) the officer believes that the value of the information outweighs the value of the potential recording and records the request by the individual to deactivate the body-worn camera; or(d) during a conversation with a victim of a sexual offense, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, or domestic violence, as defined in Section 77-36-1, if: (i) the officer is conducting an evidence-based lethality assessment;(ii) the victim or the officer believes that deactivating the body-worn camera recording: (A) will encourage complete and accurate information sharing by the victim; or(B) is necessary to protect the safety or identity of the victim; and(iii) the officer's body-worn camera is reactivated as soon as reasonably possible after the evidence-based lethality assessment is complete.(10) If an officer deactivates or fails to activate a body-worn camera in violation of this section, the officer shall document the reason for deactivating or for failing to activate a body-worn camera in a written report.(11)(a) For purposes of this Subsection (11): (i) "Health care facility" means the same as that term is defined in Section 78B-3-403.(ii) "Health care provider" means the same as that term is defined in Section 78B-3-403.(iii) "Hospital" means the same as that term is defined in Section 78B-3-403.(iv) "Human service program" means the same as that term is defined in Section 26B-2-101.(b) An officer may not activate a body-worn camera in a hospital, health care facility, human service program, or the clinic of a health care provider, except during a law enforcement encounter, and with notice under Section 77-7a-105.(12) A violation of this section may not serve as the sole basis to dismiss a criminal case or charge.(13) Nothing in this section precludes a law enforcement agency from establishing internal agency policies for an officer's failure to comply with the requirements of this section.Amended by Chapter 404, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 285, 2018 General Session ,§ 13, eff. 5/8/2018.Amended by Chapter 316, 2018 General Session ,§ 6, eff. 5/8/2018.Amended by Chapter 415, 2017 General Session ,§ 3, eff. 5/9/2017.Added by Chapter 410, 2016 General Session ,§ 6, eff. 5/10/2016.