| 1 | 1 | | 86R11071 JSC-F |
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| 2 | 2 | | By: Birdwell S.B. No. 973 |
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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 limited viewing of certain body worn camera |
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| 8 | 8 | | recordings. |
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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 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as provided by Subsections (a-1) and |
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| 14 | 14 | | [Subsection] (b), a recording created with a body worn camera and |
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| 15 | 15 | | documenting an incident that involves the use of deadly force by a |
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| 16 | 16 | | peace officer or that is otherwise related to an administrative or |
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| 17 | 17 | | criminal investigation of an officer may not be deleted, destroyed, |
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| 18 | 18 | | or released to the public until all criminal matters have been |
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| 19 | 19 | | finally adjudicated and all related administrative investigations |
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| 20 | 20 | | have concluded. |
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| 21 | 21 | | (a-1) A law enforcement agency may permit a person who is |
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| 22 | 22 | | depicted in a recording of an incident described by Subsection (a) |
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| 23 | 23 | | or, if the person is deceased, the person's authorized |
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| 24 | 24 | | representative, to view the recording, provided that the law |
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| 25 | 25 | | enforcement agency determines that the viewing furthers a law |
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| 26 | 26 | | enforcement purpose and the representative was not a witness to the |
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| 27 | 27 | | incident. If a viewing is permitted under this subsection, the law |
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| 28 | 28 | | enforcement agency must allow a viewing of the full and unedited |
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| 29 | 29 | | recording covering the duration of the incident and may not redact |
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| 30 | 30 | | the recording. A person viewing a recording may not duplicate the |
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| 31 | 31 | | recording or capture video or audio from the recording. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies to a |
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| 33 | 33 | | recording held by a law enforcement agency on or after the effective |
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| 34 | 34 | | date of this Act, regardless of whether the recording was created |
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| 35 | 35 | | before, on, or after that date. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2019. |
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