| 1 | 1 | | 86R11187 JSC-D |
|---|
| 2 | 2 | | By: West S.B. No. 782 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a law enforcement policy regarding a peace officer |
|---|
| 8 | 8 | | accessing a recording from the officer's body worn camera. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 1701.655(b), Occupations Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (b) A policy described by Subsection (a) must ensure that a |
|---|
| 13 | 13 | | body worn camera is activated only for a law enforcement purpose and |
|---|
| 14 | 14 | | must include: |
|---|
| 15 | 15 | | (1) guidelines for when a peace officer should |
|---|
| 16 | 16 | | activate a camera or discontinue a recording currently in progress, |
|---|
| 17 | 17 | | considering the need for privacy in certain situations and at |
|---|
| 18 | 18 | | certain locations; |
|---|
| 19 | 19 | | (2) provisions relating to data retention, including a |
|---|
| 20 | 20 | | provision requiring the retention of video for a minimum period of |
|---|
| 21 | 21 | | 90 days; |
|---|
| 22 | 22 | | (3) provisions relating to storage of video and audio, |
|---|
| 23 | 23 | | creation of backup copies of the video and audio, and maintenance of |
|---|
| 24 | 24 | | data security; |
|---|
| 25 | 25 | | (4) guidelines for public access, through open records |
|---|
| 26 | 26 | | requests, to recordings that are public information; |
|---|
| 27 | 27 | | (5) provisions entitling an officer to access, before |
|---|
| 28 | 28 | | the officer is required to make any statement about the incident, a |
|---|
| 29 | 29 | | [any] recording of an incident involving the officer and made with |
|---|
| 30 | 30 | | the officer's camera [before the officer is required to make a |
|---|
| 31 | 31 | | statement about the incident]; |
|---|
| 32 | 32 | | (6) procedures for supervisory or internal review; and |
|---|
| 33 | 33 | | (7) the handling and documenting of equipment and |
|---|
| 34 | 34 | | malfunctions of equipment. |
|---|
| 35 | 35 | | SECTION 2. As soon as practicable after the effective date |
|---|
| 36 | 36 | | of this Act, each law enforcement agency in this state required to |
|---|
| 37 | 37 | | adopt a policy under Section 1701.655, Occupations Code, as amended |
|---|
| 38 | 38 | | by this Act, shall update that policy to reflect the change in law |
|---|
| 39 | 39 | | made by this Act. |
|---|
| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 44 | 44 | | Act takes effect September 1, 2019. |
|---|