| 1 | 1 | | 87R9046 JSC-D |
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| 2 | 2 | | By: West 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 the release of recordings made by peace officers using |
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| 8 | 8 | | body worn cameras. |
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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(a), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A [Except as provided by Subsections (a-1) and (b), a] |
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| 13 | 13 | | recording created with a body worn camera and documenting an |
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| 14 | 14 | | incident that involves the use of deadly force by a peace officer or |
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| 15 | 15 | | that is otherwise related to an administrative or criminal |
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| 16 | 16 | | investigation of a peace [an] officer may not be deleted or [,] |
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| 17 | 17 | | destroyed[, or released to the public] until all criminal matters |
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| 18 | 18 | | have been finally adjudicated and all related administrative |
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| 19 | 19 | | investigations have concluded. |
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| 20 | 20 | | SECTION 2. Sections 1701.661(e) and (f), Occupations Code, |
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| 21 | 21 | | are amended to read as follows: |
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| 22 | 22 | | (e) A law enforcement agency may: |
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| 23 | 23 | | (1) seek to withhold information [subject to |
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| 24 | 24 | | Subsection (d)] in accordance with procedures provided by Section |
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| 25 | 25 | | 552.301, Government Code; |
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| 26 | 26 | | (2) assert any exceptions to disclosure in Chapter |
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| 27 | 27 | | 552, Government Code, or other law; or |
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| 28 | 28 | | (3) release information requested in accordance with |
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| 29 | 29 | | Subsection (a) after the agency redacts any information made |
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| 30 | 30 | | confidential under Chapter 552, Government Code, or other law. |
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| 31 | 31 | | (f) Any [A law enforcement agency may not release any] |
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| 32 | 32 | | portion of a recording made in a private space is confidential and |
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| 33 | 33 | | excepted from the requirements of Chapter 552, Government Code, and |
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| 34 | 34 | | may not be released [, or of a recording involving the investigation |
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| 35 | 35 | | of conduct that constitutes a misdemeanor punishable by fine only |
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| 36 | 36 | | and does not result in arrest,] without written authorization from |
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| 37 | 37 | | the person who is the subject of that portion of the recording or, |
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| 38 | 38 | | if the person is deceased, from the person's authorized |
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| 39 | 39 | | representative. |
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| 40 | 40 | | SECTION 3. The following provisions of the Occupations Code |
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| 41 | 41 | | are repealed: |
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| 42 | 42 | | (1) Sections 1701.660(a-1), (b), and (c); and |
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| 43 | 43 | | (2) Sections 1701.661(c), (d), and (h). |
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| 44 | 44 | | SECTION 4. The changes in law made by this Act relating to |
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| 45 | 45 | | the release of body worn camera recordings apply to a request for |
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| 46 | 46 | | release of a recording received on or after the effective date of |
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| 47 | 47 | | this Act. A request for release of a recording received before the |
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| 48 | 48 | | effective date of this Act is governed by the law in effect on the |
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| 49 | 49 | | date the request was received, and the former law is continued in |
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| 50 | 50 | | effect for that purpose. |
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| 51 | 51 | | SECTION 5. This Act takes effect September 1, 2021. |
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