84R3826 JSC-D
By: Reynolds H.B. No. 474
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain law enforcement officers to wear body
worn cameras.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. BODY WORN CAMERAS
Sec. 411.441. DEFINITION. In this subchapter, "body worn
camera" means a recording device that is:
(1) capable of recording, or transmitting to be
recorded remotely, video or audio; and
(2) worn on the person of a peace officer, which
includes being attached to the officer's clothing or worn as
glasses.
Sec. 411.442. BODY WORN CAMERAS REQUIRED FOR CERTAIN
OFFICERS. (a) A law enforcement agency in this state shall equip
with body worn cameras all officers who:
(1) are engaged in traffic or highway patrol or
otherwise regularly stop or detain motor vehicles; or
(2) respond to calls for assistance from the public.
(b) A law enforcement agency that is not able to equip all
officers described by Subsection (a) with body worn cameras because
it would cause financial hardship shall submit to the department an
annual report that:
(1) states that the agency lacks the money to equip
with body worn cameras all officers who are required to wear a
camera; and
(2) includes both the number of cameras in use by the
agency and the number of cameras required under Subsection (a).
(c) A law enforcement agency is not required to equip all
officers described by Subsection (a) with body worn cameras until
the agency receives the necessary money. The agency is required to
comply with this subchapter with respect to any body worn cameras
the agency possesses.
Sec. 411.443. RECORDING INTERACTIONS WITH THE PUBLIC. Each
officer equipped with a body worn camera shall:
(1) activate the camera when responding to calls for
assistance and when performing other law enforcement activities,
including traffic stops, pursuits, arrests, searches, or
interrogations; and
(2) if practicable, before engaging with a person who
will be recorded, provide the person with verbal notice of the
recording.
Sec. 411.444. RECORDINGS AS EVIDENCE. (a) A recording
created with a body worn camera and documenting an incident that is
the subject of an investigation or complaint may not be deleted or
destroyed before the completion of the investigation into the
incident or the final disposition of the complaint regarding the
incident.
(b) A recording that is not required to be retained under
Subsection (a) shall be deleted or destroyed as soon as practicable
after the 180th day after the date the recording is made.
(c) A recording made by a body worn camera under this
subchapter is public information subject to Chapter 552.
SECTION 2. Not later than September 1, 2016, a law
enforcement agency shall:
(1) equip with body worn cameras all officers required
to wear the cameras under Section 411.442(a), Government Code, as
added by this Act; or
(2) submit the report required by Section 411.442(b),
Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2015.