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(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 62A-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.