85R10153 JSC-D
By: Burrows H.B. No. 3793
A BILL TO BE ENTITLED
AN ACT
relating to a law enforcement agency's release of a recording
captured by a body worn camera.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.660, Occupations Code, is amended
to read as follows:
Sec. 1701.660. PRESERVATION OF RECORDINGS AS EVIDENCE. A
[(a) Except as provided by Subsection (b), a] recording created
with a body worn camera and documenting an incident that involves
the use of deadly force by a peace officer or that is otherwise
related to an administrative or criminal investigation of an
officer may not be deleted or [,] destroyed[, or released to the
public] until all criminal matters have been finally adjudicated
and all related administrative investigations have concluded.
[(b) A law enforcement agency may release to the public a
recording described by Subsection (a) if the law enforcement agency
determines that the release furthers a law enforcement purpose.
[(c) This section does not affect the authority of a law
enforcement agency to withhold under Section 552.108, Government
Code, information related to a closed criminal investigation that
did not result in a conviction or a grant of deferred adjudication
community supervision.]
SECTION 2. Section 1701.661, Occupations Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) Before releasing to a member of the public a recording
captured by a body worn camera, a law enforcement agency shall
obscure or alter relevant portions of the video or audio recording
so that only law enforcement officers are identifiable on the
recording. The person requesting the recording is responsible for
the costs of obscuring or altering the recording under this
subsection.
SECTION 3. The change in law made by this Act applies to a
recording released on or after the effective date of this Act,
regardless of whether the recording was created before, on, or
after that date.
SECTION 4. This Act takes effect September 1, 2017.