Texas House Bill HB3342

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

Relating to recordings of peace officer performance of official duties and interactions with the public; creating a criminal offense.

Impact

Should HB3342 pass, it will amend the Penal Code and the Transportation Code, establishing clearer guidelines regarding the recording of police activities and the penalties for interfering with law enforcement duties. The bill classifies offenses related to the alteration, destruction, or concealment of recordings as serious offenses, ensuring that evidence related to peace officers is safeguarded. By reinforcing the legality of citizen recordings, the bill aims to foster greater accountability among law enforcement agencies, potentially impacting how officers conduct their interactions with the public.

Summary

House Bill 3342 addresses the recording of peace officers as they perform their official duties and interact with the public. The bill aims to create a legal framework that recognizes the right of individuals to record peace officers while they are on duty, thus promoting transparency in law enforcement interactions. Notwithstanding this right, the bill also establishes certain legal boundaries and requirements, such as the necessity for individuals to comply with lawful orders from peace officers while recording. This balance seeks to ensure that public interactions are documented without obstructing law enforcement activities.

Sentiment

The sentiment surrounding HB3342 appears to be mixed, reflecting broader societal views on policing and accountability. Proponents argue that the legislation promotes civic engagement and transparency, enabling the public to hold law enforcement accountable. Conversely, critics may express concerns about potential misuse of recordings or the accidental obstruction of police activities, fearing that some individuals may use recordings to provoke or undermine police efforts.

Contention

Debates surrounding HB3342 may center on the implications of the new legal penalties against citizens or employees of law enforcement who interfere with the authenticity of recordings. The contention lies in how to balance the ability of the public to document police conduct with the necessary authority of peace officers to maintain order during their duties. The effectiveness of this bill in furthering community trust in law enforcement while simultaneously protecting officers from undue harassment will likely be a key point of discussion.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 37. Perjury And Other Falsification
  • Section: 09

• Chapter 38. Obstructing Governmental Operation
  • Section: 15

Transportation Code

• Chapter 542. General Provisions
  • Section: 501