| 1 | 1 | | 84R425 JSC-D |
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| 2 | 2 | | By: Villalba H.B. No. 368 |
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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 the duties of a peace officer investigating a family |
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| 8 | 8 | | violence allegation or responding to a disturbance call that may |
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| 9 | 9 | | involve family violence and the admissibility of certain evidence |
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| 10 | 10 | | obtained during that investigation or response. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 5.04, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Subsections (d), (e), and (f) to read as follows: |
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| 14 | 14 | | (d) A peace officer who investigates a family violence |
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| 15 | 15 | | allegation or who responds to a disturbance call that may involve |
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| 16 | 16 | | family violence shall take a video recording of the officer's |
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| 17 | 17 | | interactions and conversations with the suspect and any possible |
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| 18 | 18 | | victim, if a video recorder is available for that purpose from the |
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| 19 | 19 | | law enforcement agency that employs the officer. If the officer |
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| 20 | 20 | | obtains the consent of the possible victim or that person's parent |
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| 21 | 21 | | or legal guardian, if the possible victim is a minor, the officer |
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| 22 | 22 | | shall take a: |
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| 23 | 23 | | (1) video recording of any visible physical injury of |
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| 24 | 24 | | the possible victim; or |
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| 25 | 25 | | (2) photograph of any visible physical injury of the |
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| 26 | 26 | | possible victim, if a video recorder is not available for that |
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| 27 | 27 | | purpose from the law enforcement agency that employs the officer |
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| 28 | 28 | | but a camera is provided by that agency. |
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| 29 | 29 | | (e) Evidence obtained under Subsection (d) is admissible in |
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| 30 | 30 | | any criminal, civil, or administrative proceeding. |
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| 31 | 31 | | (f) Notwithstanding Rule 801, Texas Rules of Evidence, a |
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| 32 | 32 | | video recording made under Subsection (d) that contains a statement |
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| 33 | 33 | | of a witness, including the victim, regarding the alleged offense |
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| 34 | 34 | | is not inadmissible as hearsay and may be used to prove the truth of |
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| 35 | 35 | | the matter asserted or to impeach the witness's credibility, if: |
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| 36 | 36 | | (1) the witness's testimony during a trial, hearing, |
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| 37 | 37 | | deposition, or other proceeding is inconsistent with the statement; |
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| 38 | 38 | | and |
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| 39 | 39 | | (2) at a proceeding that occurred before the witness's |
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| 40 | 40 | | testimony under Subdivision (1), the witness: |
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| 41 | 41 | | (A) affirmed under oath the veracity and |
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| 42 | 42 | | completeness of the statement contained in the video recording; and |
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| 43 | 43 | | (B) was subject to cross-examination concerning |
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| 44 | 44 | | the veracity and completeness of the statement. |
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| 45 | 45 | | SECTION 2. Article 5.05, Code of Criminal Procedure, is |
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| 46 | 46 | | amended by amending Subsection (a) and adding Subsection (a-3) to |
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| 47 | 47 | | read as follows: |
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| 48 | 48 | | (a) A peace officer who investigates a family violence |
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| 49 | 49 | | incident or who responds to a disturbance call that may involve |
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| 50 | 50 | | family violence shall make a written report, including but not |
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| 51 | 51 | | limited to: |
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| 52 | 52 | | (1) the names of the suspect and complainant; |
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| 53 | 53 | | (2) the date, time, and location of the incident; |
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| 54 | 54 | | (3) any visible or reported injuries; |
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| 55 | 55 | | (4) a description of the incident and a statement of |
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| 56 | 56 | | its disposition; [and] |
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| 57 | 57 | | (5) whether the suspect is a member of the state |
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| 58 | 58 | | military forces or is serving in the armed forces of the United |
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| 59 | 59 | | States in an active-duty status; and |
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| 60 | 60 | | (6) whether the officer took a video recording or |
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| 61 | 61 | | photograph under Article 5.04(d). |
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| 62 | 62 | | (a-3) If the peace officer indicates under Subsection |
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| 63 | 63 | | (a)(6) that the officer has taken a video recording or photograph |
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| 64 | 64 | | under Article 5.04(d), the officer shall include the recording or |
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| 65 | 65 | | photograph with the written report described by Subsection (a). |
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| 66 | 66 | | SECTION 3. The change in law made by this Act applies only |
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| 67 | 67 | | to a peace officer's investigation or response that occurs on or |
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| 68 | 68 | | after the effective date of this Act. A peace officer's |
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| 69 | 69 | | investigation or response that occurs before the effective date of |
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| 70 | 70 | | this Act is governed by the law in effect on the date the |
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| 71 | 71 | | investigation was conducted or the response was made, and the |
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| 72 | 72 | | former law is continued in effect for that purpose. |
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| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2015. |
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