Utah § 7a-107 - Retention and release of recordings.
Full text of Utah Utah Code § 7a-107 — Retention and release of recordings., with citation guidance and answers to common questions.
§ 7a-107. Retention and release of recordings.
Effective 5/4/2022 77-7a-107.
Retention and release of recordings.
(1)
(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.
(c)
(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.
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.
(3)
(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;
(ii)
(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).
Section 7a-107 ("Retention and release of recordings.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 7a-107?
A common citation format is "Utah Code § 7a-107" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 7a-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
