| 13 | | - | adding Subsections (d), (e), (f), (g), and (h) to read as follows: |
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| 14 | | - | (d) Notwithstanding other law, a prosecutor may permit a |
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| 15 | | - | person to view the following evidence of a crime that resulted in |
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| 16 | | - | the death of a person and that occurred in the prosecutor's |
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| 17 | | - | jurisdiction: |
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| 18 | | - | (1) a medical examiner's report, if the person viewing |
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| 19 | | - | the report is a family member of the person who is the subject of the |
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| 20 | | - | report and the person who is the subject of the report was a victim |
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| 21 | | - | of the crime; and |
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| 22 | | - | (2) video evidence of the crime, if the person viewing |
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| 23 | | - | the video is a victim of the crime or a family member of a victim of |
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| 24 | | - | the crime. |
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| 25 | | - | (e) A person permitted to view a medical examiner's report |
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| 26 | | - | or video evidence under Subsection (d) may not duplicate, record, |
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| 27 | | - | capture, or otherwise memorialize the information. A prosecutor |
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| 28 | | - | may require a person to sign a confidentiality agreement before |
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| 29 | | - | permitting the person to view the information. |
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| 30 | | - | (f) A permitted viewing of a medical examiner's report or |
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| 31 | | - | video evidence under Subsection (d) is not a voluntary disclosure |
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| 32 | | - | of information for purposes of Section 552.007(b). A governmental |
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| 33 | | - | body, by providing information under Subsection (d) that is |
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| 34 | | - | confidential or otherwise excepted from required disclosure under |
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| 35 | | - | law, does not waive or affect the confidentiality of the |
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| 36 | | - | information for purposes of state or federal law or waive the right |
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| 37 | | - | to assert exceptions to required disclosure of the information in |
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| 38 | | - | the future. |
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| 39 | | - | (g) Subsection (d) does not affect: |
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| 40 | | - | (1) the right of a person to obtain a medical |
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| 41 | | - | examiner's report or video evidence of a crime from a governmental |
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| 42 | | - | body under other law; |
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| 43 | | - | (2) the procedures under which the information is |
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| 44 | | - | obtained under other law; or |
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| 45 | | - | (3) the use that may be made of the information |
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| 46 | | - | obtained under other law. |
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| 47 | | - | (h) In this section: |
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| 48 | | - | (1) "Family member" means a person related to a victim |
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| 49 | | - | of a crime within the first degree of consanguinity or affinity. |
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| 50 | | - | (2) "Medical examiner's report" means a report and the |
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| 51 | | - | contents of such a report created by a medical examiner under |
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| 52 | | - | Article 49.25, Code of Criminal Procedure, including an autopsy |
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| 53 | | - | report and toxicology report. The term does not include a |
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| 54 | | - | photograph or medical image contained in a report. |
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| 55 | | - | (3) "Victim" means an individual who suffered personal |
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| 56 | | - | injury or death as a result of criminal conduct. |
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| 57 | | - | SECTION 2. The change in law made by this Act applies to a |
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| 58 | | - | crime that occurred before, on, or after the effective date of this |
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| 59 | | - | Act. |
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| 60 | | - | SECTION 3. This Act takes effect immediately if it receives |
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| 12 | + | adding Subsection (d) to read as follows: |
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| 13 | + | (d) The disclosure of video evidence of a crime that |
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| 14 | + | resulted in the death of a person to the deceased person's next of |
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| 15 | + | kin, as defined by Section 552.1085, is not a voluntary disclosure |
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| 16 | + | of information for purposes of Section 552.007(b) and does not |
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| 17 | + | waive the right to assert in the future that the information is |
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| 18 | + | excepted from required disclosure under this chapter. |
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| 19 | + | SECTION 2. This Act takes effect immediately if it receives |
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