84R425 JSC-D
By: Villalba H.B. No. 368
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a peace officer investigating a family
violence allegation or responding to a disturbance call that may
involve family violence and the admissibility of certain evidence
obtained during that investigation or response.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5.04, Code of Criminal Procedure, is
amended by adding Subsections (d), (e), and (f) to read as follows:
(d) A peace officer who investigates a family violence
allegation or who responds to a disturbance call that may involve
family violence shall take a video recording of the officer's
interactions and conversations with the suspect and any possible
victim, if a video recorder is available for that purpose from the
law enforcement agency that employs the officer. If the officer
obtains the consent of the possible victim or that person's parent
or legal guardian, if the possible victim is a minor, the officer
shall take a:
(1) video recording of any visible physical injury of
the possible victim; or
(2) photograph of any visible physical injury of the
possible victim, if a video recorder is not available for that
purpose from the law enforcement agency that employs the officer
but a camera is provided by that agency.
(e) Evidence obtained under Subsection (d) is admissible in
any criminal, civil, or administrative proceeding.
(f) Notwithstanding Rule 801, Texas Rules of Evidence, a
video recording made under Subsection (d) that contains a statement
of a witness, including the victim, regarding the alleged offense
is not inadmissible as hearsay and may be used to prove the truth of
the matter asserted or to impeach the witness's credibility, if:
(1) the witness's testimony during a trial, hearing,
deposition, or other proceeding is inconsistent with the statement;
and
(2) at a proceeding that occurred before the witness's
testimony under Subdivision (1), the witness:
(A) affirmed under oath the veracity and
completeness of the statement contained in the video recording; and
(B) was subject to cross-examination concerning
the veracity and completeness of the statement.
SECTION 2. Article 5.05, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-3) to
read as follows:
(a) A peace officer who investigates a family violence
incident or who responds to a disturbance call that may involve
family violence shall make a written report, including but not
limited to:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;
(4) a description of the incident and a statement of
its disposition; [and]
(5) whether the suspect is a member of the state
military forces or is serving in the armed forces of the United
States in an active-duty status; and
(6) whether the officer took a video recording or
photograph under Article 5.04(d).
(a-3) If the peace officer indicates under Subsection
(a)(6) that the officer has taken a video recording or photograph
under Article 5.04(d), the officer shall include the recording or
photograph with the written report described by Subsection (a).
SECTION 3. The change in law made by this Act applies only
to a peace officer's investigation or response that occurs on or
after the effective date of this Act. A peace officer's
investigation or response that occurs before the effective date of
this Act is governed by the law in effect on the date the
investigation was conducted or the response was made, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.