Texas 2017 - 85th Regular

Texas Senate Bill SB1201 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9077 JSC-D
2	2	By: West S.B. No. 1201
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of a body worn camera recording to the
8	8	subject of that recording.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1701.661(e), Occupations Code, is
11	11	amended to read as follows:
12	12	(e) Except as provided by Section 1701.664(f), a [A] law
13	13	enforcement agency may:
14	14	(1) seek to withhold information subject to Subsection
15	15	(d) in accordance with procedures provided by Section 552.301,
16	16	Government Code;
17	17	(2) assert any exceptions to disclosure in Chapter
18	18	552, Government Code, or other law; or
19	19	(3) release information requested in accordance with
20	20	Subsection (a) or Section 1701.664 after the agency redacts any
21	21	information made confidential under Chapter 552, Government Code,
22	22	or other law.
23	23	SECTION 2. Subchapter N, Chapter 1701, Occupations Code, is
24	24	amended by adding Section 1701.664 to read as follows:
25	25	Sec. 1701.664. RELEASE OF INFORMATION CAPTURED BY BODY WORN
26	26	CAMERA TO SUBJECT OF RECORDING. (a) In this section, "family
27	27	member" means a person related to another person within the third
28	28	degree by consanguinity or affinity, as described by Subchapter B,
29	29	Chapter 573, Government Code, except that the term does not include
30	30	a person who is considered to be related to another person by
31	31	affinity only as described by Section 573.024(b), Government Code.
32	32	(b) If a person is the subject of a recording captured by a
33	33	body worn camera, the person, the person's representative, or the
34	34	person's family member acting at the request or on behalf of the
35	35	person is entitled, on written request, to obtain a copy of that
36	36	recording.
37	37	(c) On receipt of the written request under Subsection (b),
38	38	the applicable law enforcement agency in possession of the original
39	39	recording, not later than the 30th day after the date the recording
40	40	is made, or the 10th day after the date the request is received,
41	41	whichever is later, shall:
42	42	(1) release the copy of the recording; or
43	43	(2) respond in writing with the reasons for declining
44	44	to release the recording.
45	45	(d) If the law enforcement agency notifies the requesting
46	46	party that the agency declines to release the recording, releases a
47	47	redacted recording, releases only a portion of the recording, or
48	48	fails to respond to the written request within the period specified
49	49	under Subsection (c), the person, the person's representative, or
50	50	the person's family member, as applicable, may file a petition for
51	51	the release of the recording.
52	52	(e) If a criminal action is pending and the recording
53	53	contains evidence relevant to that proceeding, the petition
54	54	described by Subsection (d) must be filed with the court in which
55	55	the case is pending. If a criminal action is not pending, the
56	56	petition may be filed in the district court in the county in which
57	57	the recording was made or the law enforcement agency is located.
58	58	(f) A law enforcement agency may not assert that the
59	59	requested recording is exempt under Section 552.108, Government
60	60	Code, because of an ongoing investigation into the incident
61	61	captured in the recording in which the person who is the subject of
62	62	the recording is the perpetrator or victim. The agency may perform
63	63	any action permitted by Section 1701.661(e) with respect to a
64	64	recording or part of a recording that is made confidential by law
65	65	for another reason.
66	66	(g) A court shall determine, after notice, hearing, and an
67	67	in camera review of the recording, whether to release the recording
68	68	or any part of the recording to the petitioner. The court shall make
69	69	a determination under this subsection not later than the 10th day
70	70	after the date the petition is filed.
71	71	(h) A recording or any part of a recording released under
72	72	this section may only be used or disclosed as evidence in a
73	73	criminal, civil, or administrative proceeding. A person who
74	74	discloses the recording or any part of the recording for purposes
75	75	other than those permitted under this subsection is subject to
76	76	punishment for contempt.
77	77	SECTION 3. The change in law made by this Act applies to a
78	78	request made on or after the effective date of this Act, regardless
79	79	of whether the applicable recording was created before, on, or
80	80	after that date.
81	81	SECTION 4. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2017.