| 1 | 1 | | 81R697 JRD-D |
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| 2 | 2 | | By: Dutton H.B. No. 909 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to certain law enforcement, corrections, and |
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| 8 | 8 | | prosecutorial records under the public information law. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 552.108, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT, |
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| 13 | 13 | | CORRECTIONS, AND PROSECUTORIAL INFORMATION. (a) Information held |
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| 14 | 14 | | by a law enforcement agency or prosecutor that deals with the |
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| 15 | 15 | | detection, investigation, or prosecution of crime is excepted from |
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| 16 | 16 | | the requirements of Section 552.021 if: |
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| 17 | 17 | | (1) release of the information would unduly interfere |
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| 18 | 18 | | with the detection, investigation, or prosecution of crime; |
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| 19 | 19 | | (2) it is information relating to: |
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| 20 | 20 | | (A) an ongoing investigation; or |
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| 21 | 21 | | (B) conduct that remains subject to prosecution |
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| 22 | 22 | | and the matter is not considered closed [that deals with the |
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| 23 | 23 | | detection, investigation, or prosecution of crime only in relation |
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| 24 | 24 | | to an investigation that did not result in conviction or deferred |
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| 25 | 25 | | adjudication]; |
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| 26 | 26 | | (3) it is information relating to a threat against a |
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| 27 | 27 | | peace officer or detention officer collected or disseminated under |
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| 28 | 28 | | Section 411.048; or |
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| 29 | 29 | | (4) it is information that: |
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| 30 | 30 | | (A) is prepared by an attorney representing the |
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| 31 | 31 | | state in anticipation of or in the course of preparing for criminal |
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| 32 | 32 | | litigation; or |
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| 33 | 33 | | (B) reflects the mental impressions or legal |
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| 34 | 34 | | reasoning of an attorney representing the state. |
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| 35 | 35 | | (b) An internal record or notation of a law enforcement |
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| 36 | 36 | | agency or prosecutor that is maintained for internal use in matters |
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| 37 | 37 | | relating to law enforcement or prosecution is excepted from the |
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| 38 | 38 | | requirements of Section 552.021 if: |
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| 39 | 39 | | (1) release of the internal record or notation would |
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| 40 | 40 | | unduly interfere with law enforcement or prosecution; |
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| 41 | 41 | | (2) the internal record or notation relates to: |
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| 42 | 42 | | (A) [law enforcement only in relation to] an |
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| 43 | 43 | | ongoing investigation; or |
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| 44 | 44 | | (B) conduct that remains subject to prosecution |
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| 45 | 45 | | and the matter is not considered closed [that did not result in |
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| 46 | 46 | | conviction or deferred adjudication]; or |
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| 47 | 47 | | (3) the internal record or notation: |
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| 48 | 48 | | (A) is prepared by an attorney representing the |
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| 49 | 49 | | state in anticipation of or in the course of preparing for criminal |
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| 50 | 50 | | litigation; or |
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| 51 | 51 | | (B) reflects the mental impressions or legal |
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| 52 | 52 | | reasoning of an attorney representing the state. |
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| 53 | 53 | | (c) This section does not except from the requirements of |
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| 54 | 54 | | Section 552.021 information that is basic information about an |
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| 55 | 55 | | arrested person, an arrest, or a crime. |
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| 56 | 56 | | SECTION 2. The changes in law made by this Act to Section |
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| 57 | 57 | | 552.108, Government Code, apply to information, records, and |
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| 58 | 58 | | notations collected, made, assembled, or maintained on, before, or |
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| 59 | 59 | | after the effective date of this Act. |
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| 60 | 60 | | SECTION 3. This Act takes effect September 1, 2009. |
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