Texas 2017 - 85th Regular

Texas House Bill HB4060

Caption

Relating to the electronic recording of certain non-custodial interrogations.

Impact

The implementation of HB 4060 could significantly impact state laws by formalizing the requirement for electronic documentation of non-custodial encounters between law enforcement and citizens. This measure is likely to provide a safeguard against potential misconduct during interrogations, enabling a more clear-cut review of interactions. Furthermore, the exemption from public disclosure for recordings may raise discussions about privacy and access to information, balancing the need for accountability with individual rights.

Summary

House Bill 4060 introduces a framework for the electronic recording of non-custodial interrogations in Texas. By amending the Code of Criminal Procedure, the bill mandates that law enforcement agencies must create an electronic recording—either audio or audiovisual—of any non-custodial interviews conducted for investigative purposes. The bill clearly defines a non-custodial interview as one in which the suspect is not under custody, ensuring that the rights of individuals during the investigative process are adequately protected while promoting transparency in law enforcement practices.

Contention

While the bill aims to enhance transparency, there are notable aspects of contention. Some critics might argue that the repulsion of public access to these recordings could hinder accountability, suggesting that it would enable law enforcement agencies to operate without sufficient oversight. Additionally, the scenarios under which agencies may forego recording a non-custodial interview—such as a suspect refusing to cooperate or malfunctioning recording equipment—could also raise concerns regarding the possible circumvention of the law. Striking a balance between transparency and operational practicality is likely to be a central point of debate as the bill progresses.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB1751

Relating to the collection and reporting of certain information regarding mental health jail diversion.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB1258

Relating to grand jury proceedings; providing a punishment for contempt of court.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX SB571

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

Similar Bills

CA SB254

Correctional facilities: media access.

AZ SB1060

Internal investigations; notice; confidentiality

MS HB814

Custodial interrogations; authorize electronic recording of.

MS HB110

Custodial Interrogations Act;create and authorize electric recording of.

MS HB1370

Custodial interrogations; authorize electronic recording of.

UT HB0153

Child Welfare Interview Requirements

LA HB412

Provides relative to the verification of attendance at employment interviews (EG INCREASE GF EX See Note)

LA HB51

Provides relative to the verification of attendance at employment interviews (OR INCREASE GF EX See Note)