immigration; customs officers; body cameras

HB4111 - 572R - I Ver

REFERENCE TITLE:
immigration; customs officers; body
cameras

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4111

Introduced by

Representatives
Hernandez L: Aguilar, Blattman, Connolly, Contreras P, Crews, Garcia,
Hernandez A, Luna-N�jera, M�rquez, Peshlakai, Tsosie

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_STATUTE
38-1181.

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_STATUTE
38-1182.

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