Texas 2019 - 86th Regular

Texas Senate Bill SB332 Compare Versions

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

Old	New	Differences
1	1	86R1440 JSC-D
2	2	By: West S.B. No. 332
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to preventing racial profiling and to video and audio
8	8	equipment and recordings of certain law enforcement motor vehicle
9	9	stops; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 2.131, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer
14	14	may not engage in an act of racial profiling, as defined by the
15	15	written policy required by Article 2.132(b) and adopted by the law
16	16	enforcement agency employing the officer.
17	17	SECTION 2. Article 2.132, Code of Criminal Procedure, is
18	18	amended by amending Subsection (d) and adding Subsection (d-1) to
19	19	read as follows:
20	20	(d) On adoption of a policy under Subsection (b), a law
21	21	enforcement agency shall examine the feasibility of installing
22	22	video camera and transmitter-activated equipment in each agency law
23	23	enforcement motor vehicle regularly used to make motor vehicle
24	24	stops and transmitter-activated equipment in each agency law
25	25	enforcement motorcycle regularly used to make motor vehicle stops.
26	26	The agency also shall examine the feasibility of equipping each
27	27	peace officer who regularly detains or stops motor vehicles with a
28	28	body worn camera, as that term is defined by Section 1701.651,
29	29	Occupations Code. If a law enforcement agency installs video or
30	30	audio equipment or equips peace officers with body worn cameras as
31	31	provided by this subsection, the policy adopted by the agency under
32	32	Subsection (b) must include:
33	33	(1) guidelines for when a peace officer should
34	34	activate the camera or other equipment or discontinue a recording
35	35	currently in progress;
36	36	(2) provisions relating to data retention, including a
37	37	provision requiring the retention of [standards for reviewing]
38	38	video and audio recordings for a minimum period of 90 days;
39	39	(3) provisions relating to storage of video and audio
40	40	recordings, creation of backup copies of the recordings, and
41	41	maintenance of data security;
42	42	(4) guidelines for public access, through open records
43	43	requests, to recordings that are public information;
44	44	(5) procedures for supervisory or internal review; and
45	45	(6) the handling and documenting of equipment and
46	46	malfunctions of equipment [documentation].
47	47	(d-1) A policy adopted under this article must be consistent
48	48	with the Federal Rules of Evidence and Texas Rules of Evidence.
49	49	SECTION 3. Chapter 2, Code of Criminal Procedure, is
50	50	amended by adding Articles 2.1325, 2.13851, 2.13852, 2.13853,
51	51	2.13854, and 2.13855 to read as follows:
52	52	Art. 2.1325. RECORDING INTERACTIONS WITH THE PUBLIC. (a)
53	53	In this article, "motor vehicle stop" has the meaning assigned by
54	54	Article 2.132(a).
55	55	(b) A peace officer who uses a law enforcement motor vehicle
56	56	or motorcycle equipped with video or audio equipment described by
57	57	Article 2.132(d) shall act in a manner that is consistent with the
58	58	policy of the law enforcement agency that employs the officer with
59	59	respect to when and under what circumstances the equipment must be
60	60	activated.
61	61	(c) A peace officer who does not activate video or audio
62	62	equipment in response to a call for assistance or on making a motor
63	63	vehicle stop must include in the officer's incident report or
64	64	otherwise note in the case file or record the reason for not
65	65	activating the equipment.
66	66	(d) Any justification for failing to activate the equipment
67	67	because it is unsafe, unrealistic, or impracticable is based on
68	68	whether a reasonable officer under the same or similar
69	69	circumstances would have made the same decision.
70	70	Art. 2.13851. RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW
71	71	ENFORCEMENT OFFICER. (a) Except as provided by Subsection (b), a
72	72	video or audio recording under Article 2.1325 documenting an
73	73	incident that involves the use of deadly force by a peace officer or
74	74	that is otherwise related to an administrative or criminal
75	75	investigation of an officer may not be deleted, destroyed, or
76	76	released to the public until all criminal matters have been finally
77	77	adjudicated and all related administrative investigations have
78	78	concluded.
79	79	(b) A law enforcement agency may release to the public a
80	80	recording described by Subsection (a) if the law enforcement agency
81	81	determines that the release furthers a law enforcement purpose.
82	82	(c) This article does not affect the authority of a law
83	83	enforcement agency to withhold under Section 552.108, Government
84	84	Code, information related to a closed criminal investigation that
85	85	did not result in a conviction or a grant of deferred adjudication
86	86	community supervision.
87	87	Art. 2.13852. RELEASE OF VIDEO OR AUDIO RECORDING. (a) A
88	88	member of the public is required to provide the following
89	89	information when submitting a written request to a law enforcement
90	90	agency for a video or audio recording under Article 2.1325:
91	91	(1) the date and approximate time of the recording;
92	92	(2) the specific location where the recording
93	93	occurred; and
94	94	(3) the name of one or more persons known to be a
95	95	subject of the recording.
96	96	(b) A failure to provide all of the information required by
97	97	Subsection (a) to be part of a request for a recording does not
98	98	preclude the requestor from making a future request for the same
99	99	recording.
100	100	(c) Except as provided by Subsection (d), a recording
101	101	described by Subsection (a) that is held by a law enforcement agency
102	102	is not subject to the requirements of Section 552.021, Government
103	103	Code.
104	104	(d) A recording that is or could be used as evidence in a
105	105	criminal prosecution is subject to the requirements of Section
106	106	552.021, Government Code.
107	107	(e) A law enforcement agency may:
108	108	(1) seek to withhold a recording subject to Subsection
109	109	(d) in accordance with procedures provided by Section 552.301,
110	110	Government Code;
111	111	(2) assert any exceptions to disclosure in Chapter
112	112	552, Government Code, or other law; or
113	113	(3) release a recording requested in accordance with
114	114	Subsection (a) after the agency redacts any information made
115	115	confidential under Chapter 552, Government Code, or other law.
116	116	(f) The attorney general shall set a proposed fee to be
117	117	charged to members of the public who seek to obtain a copy of a
118	118	recording under this article. The fee amount must be sufficient to
119	119	cover the cost of reviewing and making the recording. A law
120	120	enforcement agency may provide a copy without charge or at a reduced
121	121	charge if the agency determines that waiver or reduction of the
122	122	charge is in the public interest.
123	123	(g) A recording is confidential and excepted from the
124	124	requirements of Chapter 552, Government Code, if the recording:
125	125	(1) was not required to be made under law or under a
126	126	policy adopted by the appropriate law enforcement agency; and
127	127	(2) does not relate to a law enforcement purpose.
128	128	Art. 2.13853. VIDEO AND AUDIO RECORDINGS; REQUEST FOR
129	129	ATTORNEY GENERAL DECISION. (a) Notwithstanding Section
130	130	552.301(b), Government Code, a governmental body's request for a
131	131	decision from the attorney general about whether a requested
132	132	recording under Article 2.1325 falls within an exception to public
133	133	disclosure is considered timely if made not later than the 20th
134	134	business day after the date of receipt of the written request.
135	135	(b) Notwithstanding Section 552.301(d), Government Code, a
136	136	governmental body's response to a requestor regarding a requested
137	137	recording is considered timely if made not later than the 20th
138	138	business day after the date of receipt of the written request.
139	139	(c) Notwithstanding Section 552.301(e), Government Code, a
140	140	governmental body's submission to the attorney general of the
141	141	information required by that subsection regarding a requested
142	142	recording is considered timely if made not later than the 25th
143	143	business day after the date of receipt of the written request.
144	144	(d) Notwithstanding Section 552.301(e-1), Government Code,
145	145	a governmental body's submission to a requestor of the information
146	146	required by that subsection regarding a requested recording is
147	147	considered timely if made not later than the 25th business day after
148	148	the date of receipt of the written request.
149	149	Art. 2.13854. PRODUCTION OF VIDEO OR AUDIO RECORDING IN
150	150	RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a)
151	151	Notwithstanding Section 552.221(d), Government Code, an officer
152	152	for public information who is employed by a governmental body and
153	153	who in accordance with Article 2.13853 receives a voluminous
154	154	request for recordings under Article 2.1325 is considered to have
155	155	promptly produced the information for purposes of Section 552.221,
156	156	Government Code, if the officer takes the actions required under
157	157	that section before the 21st business day after the date of receipt
158	158	of the written request.
159	159	(b) For purposes of this article, "voluminous request"
160	160	includes:
161	161	(1) a request for recordings from more than five
162	162	separate incidents;
163	163	(2) more than five separate requests for recordings
164	164	from the same person in a 24-hour period, regardless of the number
165	165	of incidents included in each request; or
166	166	(3) a request or multiple requests from the same
167	167	person in a 24-hour period for recordings that, taken together,
168	168	constitute more than five total hours of video or audio recordings.
169	169	Art. 2.13855. OFFENSE. (a) A peace officer or other
170	170	employee of a law enforcement agency commits an offense if the
171	171	officer or employee releases without permission of the applicable
172	172	law enforcement agency a recording.
173	173	(b) An offense under this article is a Class A misdemeanor.
174	174	SECTION 4. (a) A law enforcement agency operating video or
175	175	audio equipment on the effective date of this Act may submit any
176	176	existing policy of the agency regarding the use of the equipment to
177	177	the Texas Commission on Law Enforcement to determine whether the
178	178	policy complies with Article 2.132(d), Code of Criminal Procedure,
179	179	as amended by this Act.
180	180	(b) Notwithstanding Article 2.132(d), Code of Criminal
181	181	Procedure, as amended by this Act, a law enforcement agency
182	182	operating video or audio equipment on the effective date of this Act
183	183	is not required to adopt or implement a policy that complies with
184	184	that article before September 1, 2020.
185	185	(c) Articles 2.13851, 2.13852, 2.13853, 2.13854, and
186	186	2.13855, Code of Criminal Procedure, as added by this Act, apply to
187	187	a release of a recording on or after the effective date of this Act,
188	188	regardless of whether the incident that is the subject of the
189	189	recording occurred before, on, or after the effective date of this
190	190	Act.
191	191	SECTION 5. This Act takes effect September 1, 2019.