Senate Bill 505 (SB 505) relates to law enforcement and strengthens the presumption of “bad faith” for peace officers who fail to comply with body-camera policies, and amends the definition of “law enforcement agency” to include police departments of post-secondary educational institutions.  

 Senate Bill 505 (SB 505) amends Section 29-1-18 which requires certain law enforcement agencies to use body-worn cameras while on duty.  The bill expands who is considered a “law enforcement agency” to include the police department of a public post-secondary educational institution.  The bill then changes the presumption of whether a peace officer acted in bad faith for not complying with body-camera policies.  Such officers “shall” (instead of “may”) be presumed to have acted in bad faith, and “shall” (instead of “may”) be liable for the tort of negligent spoliation of evidence or intentional spoliation of evidence.   

 Currently, the law enforcement agencies that are required to use body-worn cameras while on duty are police departments, county sheriffs, state police and the Department of Public Safety. Officers who fail to comply with body-camera policies “may” be presumed to have acted in bad faith and “may” be liable for torts.  

 On February 24, 2025, the Senate Rules Committee amended SB 505 by removing the provision that officers who fail to comply with the policies are presumed to have acted in “bad faith”, and removes the provision that the officers are deemed liable for negligent spoliation of evidence.  
Instead, peace officers who fail to comply with the policies are presumed to have engaged in intentional spoliation of evidence.  

 The Senate Judiciary Committee Substitute for SB 505/a (SJC CS/SB 505/a) amends Section 29-1-18, which requires certain law enforcement agencies to use body-worn cameras while on duty.  It expands who is considered a “law enforcement agency” to include the police department of a public post-secondary educational institution.  
SJC CS/SB 505/a then changes the presumption of whether a peace officer acted in bad faith for not complying with body-camera policies.  Such officers “shall” (instead of “may”) be presumed to have acted in bad faith if they “knowingly and intentionally fail” to comply with body-camera policies and “shall” (instead of “may”) be liable for the tort of intentional spoliation of evidence.  The Committee Substitute removes the ability for an officer to be deemed liable for the tort of negligent spoliation of evidence.