HB 4111

AN ACT

amending title 38, chapter 8, Arizona Revised Statutes, by adding article 4; relating to public safety officers.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 38, chapter 8, Arizona Revised Statutes, is amended by adding article 4, to read:

ARTICLE 4. united states immigration and customs

enforcement officer CAMERAS AND RECORDINGS

START_STATUTE38-1181. Definitions

In this article, unless the context otherwise requires:

1. "Contact":

(a) Means an interaction that is with an individual who is either inside or outside of a motor vehicle and that is initiated by a united states immigration and customs enforcement officer, whether consensual or nonconsensual, to enforce a law or to investigate a possible violation of a law.

(b) Does not include routine interactions with the public at the point of entry or exit from a controlled area.

2. "Tamper" means to intentionally damage, disable, dislodge or obstruct the sight or sound or otherwise impair functionality of a body-worn camera or to intentionally damage, delete or fail to upload some or all portions of the video and audio of a body-worn camera. END_STATUTE

START_STATUTE38-1182. United States immigration and customs enforcement officers; body-worn cameras; incident recording requirements; exceptions; presumptions; privacy interests; filing deadlines; notice

A. NOTWITHSTANDING any other law, each united states immigration and customs enforcement officer operating in this state who has contact with the public shall be equipped with a body-worn camera.

B. Except as provided in subsection C of this section, a united states immigration and customs enforcement officer shall wear and activate a body-worn camera when responding to a call for service or during any contact with the public.

C. A united states immigration and customs enforcement officer may turn off a body-worn camera:

1. To avoid recording personal information that is not related to a case.

2. When working on an unrelated assignment.

3. When there is a long break in the incident or contact that is not related to the initial incident.

4. In an administrative, tactical or management discussion that is not related to the initial incident.

D. If a united states immigration and customs enforcement officer fails to activate a body-worn camera when required by this section, or tampers with body-worn camera footage or operation when required to activate the body-worn camera, there is a permissive inference against the united states immigration and customs enforcement officer in any investigation or legal proceeding, not including criminal proceedings, that the missing footage would have reflected misconduct by the united states immigration and customs enforcement officer.� If a united states immigration and customs enforcement officer fails to activate or reactivate the united states immigration and customs enforcement officer's body-worn camera when required by this section, or tampers with body-worn camera footage or operation when required to activate the body-worn camera, any statement that is sought to be introduced in a prosecution through the united states immigration and customs enforcement officer that is related to the incident and that was not recorded because the united states immigration and customs enforcement officer failed to activate or reactivate the body-worn camera as required by this section, or if the statement was not recorded by other means, creates a rebuttable presumption of inadmissibility. Notwithstanding any other law, this subsection does not apply if the body-worn camera was not activated due to a malfunction of the body-worn camera and the united states immigration and customs enforcement officer was not aware of the malfunction, or was unable to rectify it, before the incident.

E. In addition to any criminal liability or other penalty under the law, if a court, administrative law judge, hearing officer or final decision in an internal investigation finds that a united states immigration and customs enforcement officer intentionally failed to activate a body-worn camera or tampered with a body-worn camera, except as allowed in this section, the united states immigration and customs enforcement officer's employer shall impose discipline up to and including termination to the extent allowed by the applicable constitutional and statutory personnel laws and case law.

F. If criminal charges have been filed against a party to the incident and that party wishes to file a constitutional objection to the release of the video recording in the pending criminal case, that party must file the objection before a twenty-one-day period expires. Only in cases in which there is a pending criminal investigation or prosecution of a party to the incident, the twenty-one-day period begins from the date of appointment of counsel, the filing of an entry of appearance by counsel or the election to proceed pro se by the defendant in the criminal prosecution made on the record before a judge. If the defendant elects to proceed pro se in the criminal case, the court shall advise the defendant of the twenty-one-day deadline for the defendant to file any constitutional objection to the release of the video recording in the pending criminal case as part of the court's advisement. The court shall hold a hearing on any objection not later than seven days after it is filed and issue a ruling not later than three days after the hearing.

38-1183. United States immigration and customs enforcement; registration; detention prohibition

a. A united states immigration and customs enforcement officer operating in this state who has contact with the public shall register the united states immigration and customs enforcement officer's name and badge number with the department of public safety.

b. NOTWITHSTANDING any other law, A united states immigration and customs enforcement officer operating in this state may not detain a person solely based on the person's actual or perceived race, ethnicity or national origin. END_STATUTE