83R9799 MCK-D
By: Ellis S.B. No. 1512
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain crime scene photographs
and video recordings; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Code of Criminal Procedure, is
amended by adding Subchapter E to read as follows:
SUBCHAPTER E. CONFIDENTIALITY OF CRIME SCENE PHOTOGRAPHS AND
RECORDINGS
Art. 56.151. DEFINITIONS. In this subchapter:
(1) "Deceased person's next of kin" means:
(A) the surviving spouse of the deceased person;
(B) if there is no surviving spouse of the
deceased, an adult child of the deceased person; or
(C) if there is no surviving spouse or adult
child of the deceased, a parent of the deceased person.
(2) "Local governmental entity" means a county,
municipality, school district, charter school, junior college
district, or other political subdivision of this state.
(3) "News media" means:
(A) a radio or television station that holds a
license issued by the Federal Communications Commission;
(B) a newspaper that is qualified under Section
2051.044, Government Code, to publish legal notices or is a free
newspaper of general circulation and that is published at least
once a week and available and of interest to the general public in
connection with the dissemination of news; or
(C) a magazine that appears at a regular
interval, that contains stories, articles, and essays by various
writers, and that is of interest to the general public in connection
with the dissemination of news or public affairs.
(4) "Public or private institution of higher
education" means:
(A) an institution of higher education, as
defined by Section 61.003, Education Code; or
(B) a private or independent institution of
higher education, as defined by Section 61.003, Education Code.
(5) "Sensitive crime scene image" means a photograph
or video recording that depicts a deceased person in a state of
dismemberment, decapitation, or similar mutilation or that depicts
the deceased person's genitalia.
(6) "State agency" means a department, commission,
board, office, or other agency that is a part of state government
and that is created by the constitution or a statute of this state.
The term includes an institution of higher education as defined by
Section 61.003, Education Code.
Art. 56.152. APPLICABILITY. (a) This subchapter applies
to:
(1) a state agency; and
(2) a local governmental entity.
(b) This subchapter applies to any sensitive crime scene
image regardless of the date that the image was taken or recorded.
Art. 56.153. CONFIDENTIALITY OF SENSITIVE CRIME SCENE
IMAGES. (a) A sensitive crime scene image in the custody of a
person to whom this subchapter applies is confidential and not
subject to disclosure under Chapter 552, Government Code.
(b) The custodian of a sensitive crime scene image may not
permit a person to view or copy the image except as provided by this
subchapter.
Art. 56.154. RIGHT TO VIEW AND COPY SENSITIVE CRIME SCENE
IMAGES. (a) The following persons are entitled to view a sensitive
crime scene image of a deceased person:
(1) the deceased person's next of kin;
(2) a person authorized in writing by the deceased
person's next of kin;
(3) a defendant being prosecuted for the death of the
deceased person or the defendant's attorney or a person convicted
of an offense in relation to that death and appealing that
conviction or that person's attorney;
(4) a bona fide member of the news media who is
engaging in a news-gathering activity; and
(5) a person performing bona fide research sponsored
by a public or private institution of higher education with
approval of a supervisor of the research or supervising faculty
member.
(b) The following persons are entitled to make a copy of a
sensitive crime scene image of a deceased person:
(1) the deceased person's next of kin;
(2) a person authorized in writing by the deceased
person's next of kin;
(3) a defendant being prosecuted for the death of the
deceased person or the defendant's attorney or a person convicted
of an offense in relation to that death and appealing that
conviction or that person's attorney;
(4) a bona fide member of the news media who is
engaging in a news-gathering activity, but only in accordance with
a court order under Article 56.105; and
(5) a person performing bona fide research sponsored
by a public or private institution of higher education with
approval of a supervisor of the research or supervising faculty
member, but only in accordance with a court order under Article
56.105.
(c) Before releasing a sensitive crime scene image, the
custodian of the image shall notify the deceased person's next of
kin of the request for the image. The custodian may not release the
image before the 14th day after the date the custodian provides the
notice.
Art. 56.155. COURT ORDER TO AUTHORIZE COPYING OF SENSITIVE
CRIME SCENE IMAGES. (a) A person described by Article 56.154(b)(4)
or (5) may petition a district court in the county in which the
death occurred for permission to copy a sensitive crime scene image
of the deceased person.
(b) The district court, on a showing of good cause, may:
(1) issue the order authorizing the person to copy the
sensitive crime scene image; and
(2) prescribe any restriction or stipulation relating
to the copying or to the use of the copy the court considers
necessary or appropriate.
(c) A person requesting permission to copy a sensitive crime
scene image shall serve a copy of the petition on the deceased
person's next of kin not later than the 14th day before the date of a
court hearing on the matter.
(d) In determining good cause, the court shall:
(1) conduct an in camera review of each sensitive
crime scene image in question; and
(2) consider:
(A) whether disclosure of the sensitive crime
scene image is necessary for the public evaluation of governmental
performance;
(B) the seriousness of the intrusion into the
right to privacy of the deceased person's family;
(C) whether the disclosure is the least intrusive
means available; and
(D) the availability of similar information in
other public records, regardless of form.
(e) The copying of a sensitive crime scene image under this
subchapter must be under the direct supervision of the custodian of
the sensitive crime scene image or a person designated by the
custodian.
Art. 56.156. APPEAL FROM COURT ORDER. The granting or
denial of an order under Article 56.155 may be appealed in the
manner provided for other civil proceedings.
Art. 56.157. PENALTIES. (a) A person commits an offense if
the person:
(1) knowingly violates Article 56.153(b); or
(2) knowingly violates a court order issued under
Article 56.155.
(b) An offense under this article is a Class C misdemeanor.
SECTION 2. (a) The change in law made by this Act applies
only to the disclosure or copying of a crime scene photograph or
recording on or after September 1, 2013.
(b) The disclosure or copying of a crime scene photograph or
recording before September 1, 2013, is covered by the law in effect
when the photograph or recording was disclosed or copied, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.