By: Ellis S.B. No. 1512
(In the Senate - Filed March 8, 2013; March 19, 2013, read
first time and referred to Committee on Open Government;
April 23, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 3, Nays 0; April 23, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1512 By: Ellis
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) Except as provided by Subsections (c) and (d), the
following persons are entitled to view a sensitive crime scene
image:
(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) Except as provided by Subsections (c) and (d), the
following persons are entitled to make a copy of a sensitive crime
scene image:
(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 an offense in
which the death of the deceased person is relevant to an element of
the offense or a defense to the offense or the defendant's attorney,
or a person appealing a conviction of an offense in which that death
is relevant to the appeal 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.
(c) The custodian of a sensitive crime scene image shall
notify the deceased person's next of kin of a request for the image
from a person described by Subsection (a)(4), (a)(5), (b)(4), or
(b)(5) not later than the 14th business day after the date the
custodian receives the request. The custodian may not release the
image before the 30th business day after the date the custodian
provides the notice. If the deceased person's next of kin objects
to the release of the image before that date, the custodian may not
release the image.
(d) The custodian of a sensitive crime scene image may
refuse to release the image if the image is held by a law
enforcement agency or prosecutor and is information that would be
excepted from the requirements of Section 552.021, Government Code,
under Section 552.108, Government Code.
(e) The custodian of a sensitive crime scene image may
release the image to a law enforcement agency or other state agency
or local governmental entity for the purposes of investigating or
prosecuting a crime.
Art. 56.155. PENALTIES. (a) A person commits an offense
if the person knowingly violates Article 56.153(b).
(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.
* * * * *