| 1 | 1 | | 84R3826 JSC-D |
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| 2 | 2 | | By: Reynolds H.B. No. 474 |
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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 requiring certain law enforcement officers to wear body |
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| 8 | 8 | | worn cameras. |
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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. Chapter 411, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter P to read as follows: |
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| 12 | 12 | | SUBCHAPTER P. BODY WORN CAMERAS |
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| 13 | 13 | | Sec. 411.441. DEFINITION. In this subchapter, "body worn |
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| 14 | 14 | | camera" means a recording device that is: |
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| 15 | 15 | | (1) capable of recording, or transmitting to be |
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| 16 | 16 | | recorded remotely, video or audio; and |
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| 17 | 17 | | (2) worn on the person of a peace officer, which |
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| 18 | 18 | | includes being attached to the officer's clothing or worn as |
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| 19 | 19 | | glasses. |
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| 20 | 20 | | Sec. 411.442. BODY WORN CAMERAS REQUIRED FOR CERTAIN |
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| 21 | 21 | | OFFICERS. (a) A law enforcement agency in this state shall equip |
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| 22 | 22 | | with body worn cameras all officers who: |
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| 23 | 23 | | (1) are engaged in traffic or highway patrol or |
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| 24 | 24 | | otherwise regularly stop or detain motor vehicles; or |
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| 25 | 25 | | (2) respond to calls for assistance from the public. |
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| 26 | 26 | | (b) A law enforcement agency that is not able to equip all |
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| 27 | 27 | | officers described by Subsection (a) with body worn cameras because |
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| 28 | 28 | | it would cause financial hardship shall submit to the department an |
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| 29 | 29 | | annual report that: |
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| 30 | 30 | | (1) states that the agency lacks the money to equip |
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| 31 | 31 | | with body worn cameras all officers who are required to wear a |
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| 32 | 32 | | camera; and |
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| 33 | 33 | | (2) includes both the number of cameras in use by the |
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| 34 | 34 | | agency and the number of cameras required under Subsection (a). |
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| 35 | 35 | | (c) A law enforcement agency is not required to equip all |
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| 36 | 36 | | officers described by Subsection (a) with body worn cameras until |
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| 37 | 37 | | the agency receives the necessary money. The agency is required to |
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| 38 | 38 | | comply with this subchapter with respect to any body worn cameras |
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| 39 | 39 | | the agency possesses. |
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| 40 | 40 | | Sec. 411.443. RECORDING INTERACTIONS WITH THE PUBLIC. Each |
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| 41 | 41 | | officer equipped with a body worn camera shall: |
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| 42 | 42 | | (1) activate the camera when responding to calls for |
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| 43 | 43 | | assistance and when performing other law enforcement activities, |
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| 44 | 44 | | including traffic stops, pursuits, arrests, searches, or |
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| 45 | 45 | | interrogations; and |
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| 46 | 46 | | (2) if practicable, before engaging with a person who |
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| 47 | 47 | | will be recorded, provide the person with verbal notice of the |
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| 48 | 48 | | recording. |
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| 49 | 49 | | Sec. 411.444. RECORDINGS AS EVIDENCE. (a) A recording |
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| 50 | 50 | | created with a body worn camera and documenting an incident that is |
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| 51 | 51 | | the subject of an investigation or complaint may not be deleted or |
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| 52 | 52 | | destroyed before the completion of the investigation into the |
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| 53 | 53 | | incident or the final disposition of the complaint regarding the |
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| 54 | 54 | | incident. |
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| 55 | 55 | | (b) A recording that is not required to be retained under |
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| 56 | 56 | | Subsection (a) shall be deleted or destroyed as soon as practicable |
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| 57 | 57 | | after the 180th day after the date the recording is made. |
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| 58 | 58 | | (c) A recording made by a body worn camera under this |
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| 59 | 59 | | subchapter is public information subject to Chapter 552. |
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| 60 | 60 | | SECTION 2. Not later than September 1, 2016, a law |
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| 61 | 61 | | enforcement agency shall: |
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| 62 | 62 | | (1) equip with body worn cameras all officers required |
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| 63 | 63 | | to wear the cameras under Section 411.442(a), Government Code, as |
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| 64 | 64 | | added by this Act; or |
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| 65 | 65 | | (2) submit the report required by Section 411.442(b), |
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| 66 | 66 | | Government Code, as added by this Act. |
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| 67 | 67 | | SECTION 3. This Act takes effect September 1, 2015. |
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