Texas 2021 - 87th Regular

Texas House Bill HB929 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 929
	1	+	By: Sherman, Sr., et al. (Senate Sponsor - West) H.B. No. 929
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to law enforcement policies and procedures regarding body
6	12		worn cameras.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. This Act shall be known as the "Botham Jean Act."
9	15		SECTION 2. Section 1701.655, Occupations Code, is amended
10	16		by amending Subsection (b) and adding Subsection (c-1) to read as
11	17		follows:
12	18		(b) A policy described by Subsection (a) must ensure that a
13	19		body worn camera is activated only for a law enforcement purpose and
14	20		must include:
15	21		(1) guidelines for when a peace officer should
16	22		activate a camera or discontinue a recording currently in progress,
17	23		considering the need for privacy in certain situations and at
18	24		certain locations;
19	25		(2) provisions relating to data retention, including a
20	26		provision requiring the retention of video for a minimum period of
21	27		90 days;
22	28		(3) provisions relating to storage of video and audio,
23	29		creation of backup copies of the video and audio, and maintenance of
24	30		data security;
25	31		(4) provisions relating to the collection of a body
26	32		worn camera, including the applicable video and audio recorded by
27	33		the camera, as evidence;
28	34		(5) guidelines for public access, through open records
29	35		requests, to recordings that are public information;
30	36		(6) [(5)] provisions entitling an officer to access
31	37		any recording of an incident involving the officer before the
32	38		officer is required to make a statement about the incident;
33	39		(7) [(6)] procedures for supervisory or internal
34	40		review; and
35	41		(8) [(7)] the handling and documenting of equipment
36	42		and malfunctions of equipment.
37	43		(c-1) A policy described by Subsection (a) must require a
38	44		peace officer who is equipped with a body worn camera and actively
39	45		participating in an investigation to keep the camera activated for
40	46		the entirety of the officer's active participation in the
41	47		investigation unless the camera has been deactivated in compliance
42	48		with that policy.
43	49		SECTION 3. Section 1701.657(b), Occupations Code, is
44	50		amended to read as follows:
45	51		(b) A peace officer equipped with a body worn camera may
46	52		choose not to activate a camera or may choose to discontinue a
47	53		recording currently in progress for any [nonconfrontational]
48	54		encounter with a person that is not related to an investigation [,
49	55		including an interview of a witness or victim].
50	56		SECTION 4. This Act takes effect September 1, 2021.
51		-	______________________________ ______________________________
52		-	President of the Senate Speaker of the House
53		-	I certify that H.B. No. 929 was passed by the House on May 14,
54		-	2021, by the following vote: Yeas 108, Nays 34, 2 present, not
55		-	voting.
56		-	______________________________
57		-	Chief Clerk of the House
58		-	I certify that H.B. No. 929 was passed by the Senate on May
59		-	24, 2021, by the following vote: Yeas 30, Nays 0.
60		-	______________________________
61		-	Secretary of the Senate
62		-	APPROVED: _____________________
63		-	Date
64		-	_____________________
65		-	Governor
	57	+	* * * * *