| 1 | 1 | | 85R10153 JSC-D |
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| 2 | 2 | | By: Burrows H.B. No. 3793 |
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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 a law enforcement agency's release of a recording |
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| 8 | 8 | | captured by a body worn camera. |
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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. Section 1701.660, Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 1701.660. PRESERVATION OF RECORDINGS AS EVIDENCE. A |
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| 13 | 13 | | [(a) Except as provided by Subsection (b), a] recording created |
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| 14 | 14 | | with a body worn camera and documenting an incident that involves |
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| 15 | 15 | | the use of deadly force by a peace officer or that is otherwise |
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| 16 | 16 | | related to an administrative or criminal investigation of an |
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| 17 | 17 | | officer may not be deleted or [,] destroyed[, or released to the |
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| 18 | 18 | | public] until all criminal matters have been finally adjudicated |
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| 19 | 19 | | and all related administrative investigations have concluded. |
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| 20 | 20 | | [(b) A law enforcement agency may release to the public a |
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| 21 | 21 | | recording described by Subsection (a) if the law enforcement agency |
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| 22 | 22 | | determines that the release furthers a law enforcement purpose. |
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| 23 | 23 | | [(c) This section does not affect the authority of a law |
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| 24 | 24 | | enforcement agency to withhold under Section 552.108, Government |
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| 25 | 25 | | Code, information related to a closed criminal investigation that |
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| 26 | 26 | | did not result in a conviction or a grant of deferred adjudication |
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| 27 | 27 | | community supervision.] |
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| 28 | 28 | | SECTION 2. Section 1701.661, Occupations Code, is amended |
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| 29 | 29 | | by adding Subsection (b-1) to read as follows: |
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| 30 | 30 | | (b-1) Before releasing to a member of the public a recording |
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| 31 | 31 | | captured by a body worn camera, a law enforcement agency shall |
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| 32 | 32 | | obscure or alter relevant portions of the video or audio recording |
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| 33 | 33 | | so that only law enforcement officers are identifiable on the |
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| 34 | 34 | | recording. The person requesting the recording is responsible for |
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| 35 | 35 | | the costs of obscuring or altering the recording under this |
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| 36 | 36 | | subsection. |
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| 37 | 37 | | SECTION 3. The change in law made by this Act applies to a |
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| 38 | 38 | | recording released on or after the effective date of this Act, |
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| 39 | 39 | | regardless of whether the recording was created before, on, or |
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| 40 | 40 | | after that date. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2017. |
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