| 1 | 1 | | 87R5219 MCK-D |
|---|
| 2 | 2 | | By: West S.B. No. 975 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to access to certain law enforcement, corrections, and |
|---|
| 8 | 8 | | prosecutorial records under the public information law. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended by adding Article 2.13952 to read as follows: |
|---|
| 12 | 12 | | Art. 2.13952. PUBLIC DATABASE. The office of the attorney |
|---|
| 13 | 13 | | general shall establish and maintain on its Internet website a |
|---|
| 14 | 14 | | publicly accessible database of reports submitted to the office |
|---|
| 15 | 15 | | under Articles 2.139 and 2.1395. |
|---|
| 16 | 16 | | SECTION 2. Section 411.00755(b), Government Code, is |
|---|
| 17 | 17 | | amended to read as follows: |
|---|
| 18 | 18 | | (b) The personnel records of a commissioned officer of the |
|---|
| 19 | 19 | | department may not be disclosed or otherwise made available to the |
|---|
| 20 | 20 | | public, except the department shall release in accordance with |
|---|
| 21 | 21 | | Chapter 552: |
|---|
| 22 | 22 | | (1) any letter, memorandum, or document relating to: |
|---|
| 23 | 23 | | (A) a commendation, congratulation, or honor |
|---|
| 24 | 24 | | bestowed on the officer for an action, duty, or activity that |
|---|
| 25 | 25 | | relates to the officer's official duties; and |
|---|
| 26 | 26 | | (B) misconduct by the officer, if the letter, |
|---|
| 27 | 27 | | memorandum, or document resulted in disciplinary action; |
|---|
| 28 | 28 | | (2) the state application for employment submitted by |
|---|
| 29 | 29 | | the officer, but not including any attachments to the application; |
|---|
| 30 | 30 | | (3) any reference letter submitted by the officer; |
|---|
| 31 | 31 | | (4) any letter of recommendation for the officer; |
|---|
| 32 | 32 | | (5) any employment contract with the officer; |
|---|
| 33 | 33 | | (6) any periodic evaluation of the officer by a |
|---|
| 34 | 34 | | supervisor; |
|---|
| 35 | 35 | | (7) any document recording a promotion or demotion of |
|---|
| 36 | 36 | | the officer; |
|---|
| 37 | 37 | | (8) any request for leave by the officer; |
|---|
| 38 | 38 | | (9) any request by the officer for transfers of shift |
|---|
| 39 | 39 | | or duty assignments; |
|---|
| 40 | 40 | | (10) any documents presented to the commission in |
|---|
| 41 | 41 | | connection with a public hearing under Section 411.007(f); |
|---|
| 42 | 42 | | (11) the officer's: |
|---|
| 43 | 43 | | (A) name; |
|---|
| 44 | 44 | | (B) age; |
|---|
| 45 | 45 | | (C) dates of employment; |
|---|
| 46 | 46 | | (D) positions held; and |
|---|
| 47 | 47 | | (E) gross salary; [and] |
|---|
| 48 | 48 | | (12) information about the location of the officer's |
|---|
| 49 | 49 | | department duty assignments; |
|---|
| 50 | 50 | | (13) a force report, incident report, extraordinary |
|---|
| 51 | 51 | | occurrence report, emergency action report, Taser use report, or |
|---|
| 52 | 52 | | any other report made by the officer concerning the use of force or |
|---|
| 53 | 53 | | firearms by the officer or witnessed by the officer, and any log or |
|---|
| 54 | 54 | | database tracking or compiling those reports by one or more |
|---|
| 55 | 55 | | officers regardless of whether the officer making the report is |
|---|
| 56 | 56 | | identified; and |
|---|
| 57 | 57 | | (14) a fleet occurrence report or any other report |
|---|
| 58 | 58 | | made by an officer concerning physical or property damage caused by |
|---|
| 59 | 59 | | a department vehicle, and any log or database tracking or compiling |
|---|
| 60 | 60 | | those incidents or reports. |
|---|
| 61 | 61 | | SECTION 3. Section 552.108, Government Code, is amended by |
|---|
| 62 | 62 | | amending Subsection (c) and adding Subsections (d), (e), and (f) to |
|---|
| 63 | 63 | | read as follows: |
|---|
| 64 | 64 | | (c) This section does not except from the requirements of |
|---|
| 65 | 65 | | Section 552.021: |
|---|
| 66 | 66 | | (1) information that is basic information about an |
|---|
| 67 | 67 | | arrested person, an arrest, [or] a crime, or a criminal |
|---|
| 68 | 68 | | investigation; and |
|---|
| 69 | 69 | | (2) basic information contained in: |
|---|
| 70 | 70 | | (A) a search warrant; |
|---|
| 71 | 71 | | (B) testimony, an affidavit, or other |
|---|
| 72 | 72 | | information used to support a finding of probable cause to execute a |
|---|
| 73 | 73 | | search warrant; |
|---|
| 74 | 74 | | (C) an arrest warrant, an arrest report, an |
|---|
| 75 | 75 | | incident report, or an accident report; |
|---|
| 76 | 76 | | (D) a mug shot; |
|---|
| 77 | 77 | | (E) a report relating to: |
|---|
| 78 | 78 | | (i) an officer-involved shooting; or |
|---|
| 79 | 79 | | (ii) an incident involving the discharge of |
|---|
| 80 | 80 | | a firearm by a peace officer, including the unintentional discharge |
|---|
| 81 | 81 | | of a firearm in the course of duty or in response to a call, |
|---|
| 82 | 82 | | regardless of whether: |
|---|
| 83 | 83 | | (a) a person is hit by gunfire; or |
|---|
| 84 | 84 | | (b) an allegation of misconduct is |
|---|
| 85 | 85 | | made; |
|---|
| 86 | 86 | | (F) a report relating to a peace officer's use of |
|---|
| 87 | 87 | | force resulting in death or serious bodily injury as defined by |
|---|
| 88 | 88 | | Section 1.07, Penal Code; or |
|---|
| 89 | 89 | | (G) a report related to the death or serious |
|---|
| 90 | 90 | | bodily injury of an arrestee or detainee while the person is in the |
|---|
| 91 | 91 | | custodial care of a law enforcement agency. |
|---|
| 92 | 92 | | (d) The exceptions to disclosure provided by Subsections |
|---|
| 93 | 93 | | (a)(2) and (b)(2) do not apply to information, records, or |
|---|
| 94 | 94 | | notations if: |
|---|
| 95 | 95 | | (1) a person who is a subject of the information, |
|---|
| 96 | 96 | | record, or notation, other than a peace officer, is deceased or |
|---|
| 97 | 97 | | incapacitated; or |
|---|
| 98 | 98 | | (2) each person who is a subject of the information, |
|---|
| 99 | 99 | | record, or notation consents to the release of the information, |
|---|
| 100 | 100 | | record, or notation. |
|---|
| 101 | 101 | | (e) This section does not except from the requirements of |
|---|
| 102 | 102 | | Section 552.021 a letter, memorandum, or document regarding a peace |
|---|
| 103 | 103 | | officer's alleged misconduct in the peace officer's personnel file |
|---|
| 104 | 104 | | under Section 143.089, Local Government Code, if: |
|---|
| 105 | 105 | | (1) a person who is a subject of the letter, |
|---|
| 106 | 106 | | memorandum, or document, other than the peace officer, is deceased |
|---|
| 107 | 107 | | or incapacitated; or |
|---|
| 108 | 108 | | (2) each person who is a subject of the letter, |
|---|
| 109 | 109 | | memorandum, or document consents to the release of the letter, |
|---|
| 110 | 110 | | memorandum, or document. |
|---|
| 111 | 111 | | (f) A governmental body that releases information, records, |
|---|
| 112 | 112 | | or notations to a family member of a deceased or incapacitated |
|---|
| 113 | 113 | | person who is a subject of the information, record, or notation is |
|---|
| 114 | 114 | | not considered to have voluntarily made that information available |
|---|
| 115 | 115 | | to the public for purposes of Section 552.007 and does not waive the |
|---|
| 116 | 116 | | ability to assert in the future that the information is excepted |
|---|
| 117 | 117 | | from required disclosure under this section or other law. |
|---|
| 118 | 118 | | SECTION 4. Subchapter B, Chapter 552, Government Code, is |
|---|
| 119 | 119 | | amended by adding Section 552.030 to read as follows: |
|---|
| 120 | 120 | | Sec. 552.030. RIGHT OF ACCESS TO VIDEO RECORDINGS OF |
|---|
| 121 | 121 | | CRITICAL LAW ENFORCEMENT INCIDENTS. (a) In this section, |
|---|
| 122 | 122 | | "critical incident": |
|---|
| 123 | 123 | | (1) includes: |
|---|
| 124 | 124 | | (A) an officer-involved shooting, including an |
|---|
| 125 | 125 | | unintentional discharge of a firearm while in the course of duty or |
|---|
| 126 | 126 | | in response to a call, regardless of whether: |
|---|
| 127 | 127 | | (i) a person is hit by gunfire; or |
|---|
| 128 | 128 | | (ii) an allegation of misconduct is made; |
|---|
| 129 | 129 | | (B) use of force resulting in death or serious |
|---|
| 130 | 130 | | bodily injury as defined by Section 1.07, Penal Code; |
|---|
| 131 | 131 | | (C) the death of an arrestee or detainee while |
|---|
| 132 | 132 | | the person is in the custodial care of a law enforcement agency; and |
|---|
| 133 | 133 | | (D) any other police encounter in which a law |
|---|
| 134 | 134 | | enforcement agency determines release of a video recording furthers |
|---|
| 135 | 135 | | a law enforcement purpose; and |
|---|
| 136 | 136 | | (2) does not include: |
|---|
| 137 | 137 | | (A) an officer-involved shooting of an animal; |
|---|
| 138 | 138 | | (B) an unintentional discharge of a firearm |
|---|
| 139 | 139 | | during a pre-shift equipment check; or |
|---|
| 140 | 140 | | (C) the discharge of a firearm during training or |
|---|
| 141 | 141 | | qualifications on a firing range. |
|---|
| 142 | 142 | | (b) Not later than the 60th day after the date a critical |
|---|
| 143 | 143 | | incident occurs, a law enforcement agency shall make public any |
|---|
| 144 | 144 | | video recording in the agency's possession involving the critical |
|---|
| 145 | 145 | | incident. |
|---|
| 146 | 146 | | (c) Except as otherwise provided by this subsection, a law |
|---|
| 147 | 147 | | enforcement agency shall, not later than the 60th day after the date |
|---|
| 148 | 148 | | a critical incident occurs, begin providing copies of a video |
|---|
| 149 | 149 | | recording of the critical incident to persons who request a copy. |
|---|
| 150 | 150 | | If the law enforcement agency determines the video recording cannot |
|---|
| 151 | 151 | | be released as required by this subsection, the agency shall, not |
|---|
| 152 | 152 | | later than the 45th day after the date the critical incident occurs, |
|---|
| 153 | 153 | | begin notifying persons who request a copy of the video recording of |
|---|
| 154 | 154 | | the reasons for the agency's decision and providing an explanation |
|---|
| 155 | 155 | | as to when the agency will make copies of the video recording |
|---|
| 156 | 156 | | available to requestors. |
|---|
| 157 | 157 | | (d) Section 552.108 does not apply to a video recording of a |
|---|
| 158 | 158 | | critical incident in a law enforcement agency's possession. |
|---|
| 159 | 159 | | (e) The video recordings to which Subsections (b) and (c) |
|---|
| 160 | 160 | | apply include body worn camera video recordings, digital in-car |
|---|
| 161 | 161 | | video recordings, other video recordings captured by a law |
|---|
| 162 | 162 | | enforcement agency, and video recordings captured by a third party |
|---|
| 163 | 163 | | that are in a law enforcement agency's possession. |
|---|
| 164 | 164 | | (f) A law enforcement agency may withhold a video recording |
|---|
| 165 | 165 | | of a critical incident if the agency is prohibited from releasing |
|---|
| 166 | 166 | | the recording by law or a court order. The agency may redact or edit |
|---|
| 167 | 167 | | the video recording to protect juveniles and victims of certain |
|---|
| 168 | 168 | | crimes or to protect the privacy interests of other individuals who |
|---|
| 169 | 169 | | appear in the recording. The agency may not redact or edit a video |
|---|
| 170 | 170 | | recording in a manner that compromises the depiction of what |
|---|
| 171 | 171 | | occurred during the critical incident, including the officers |
|---|
| 172 | 172 | | involved in the incident. |
|---|
| 173 | 173 | | (g) A law enforcement agency may delay the release of a |
|---|
| 174 | 174 | | video recording of a critical incident to protect: |
|---|
| 175 | 175 | | (1) the safety of the individuals involved in the |
|---|
| 176 | 176 | | critical incident, including officers, witnesses, bystanders, or |
|---|
| 177 | 177 | | other third parties; |
|---|
| 178 | 178 | | (2) the integrity of an active criminal or |
|---|
| 179 | 179 | | administrative investigation or a criminal prosecution; |
|---|
| 180 | 180 | | (3) confidential sources or investigative techniques; |
|---|
| 181 | 181 | | or |
|---|
| 182 | 182 | | (4) the constitutional rights of an accused. |
|---|
| 183 | 183 | | (h) If a law enforcement agency determines that Subsection |
|---|
| 184 | 184 | | (g) applies to a video recording of a critical incident, the agency |
|---|
| 185 | 185 | | shall: |
|---|
| 186 | 186 | | (1) not later than the 45th day after the date the |
|---|
| 187 | 187 | | critical incident occurs, begin notifying persons who request a |
|---|
| 188 | 188 | | copy of the recording of the specific, factual reasons for the |
|---|
| 189 | 189 | | delay; and |
|---|
| 190 | 190 | | (2) update persons who request a copy of the recording |
|---|
| 191 | 191 | | every 15 days regarding the continuing justification for the delay |
|---|
| 192 | 192 | | until the copies are released. |
|---|
| 193 | 193 | | (i) Not later than 48 hours before the time a law |
|---|
| 194 | 194 | | enforcement agency releases a video recording of a critical |
|---|
| 195 | 195 | | incident, the agency shall make a reasonable attempt to notify and |
|---|
| 196 | 196 | | consult with: |
|---|
| 197 | 197 | | (1) the officers depicted in the recording or |
|---|
| 198 | 198 | | significantly involved in the use of force; |
|---|
| 199 | 199 | | (2) the individual upon whom force was used or the |
|---|
| 200 | 200 | | individual's: |
|---|
| 201 | 201 | | (A) next of kin if the individual is deceased; |
|---|
| 202 | 202 | | (B) parent or legal guardian if the individual is |
|---|
| 203 | 203 | | a juvenile; or |
|---|
| 204 | 204 | | (C) legal counsel if the individual is |
|---|
| 205 | 205 | | represented by legal counsel; |
|---|
| 206 | 206 | | (3) the district attorney's office, county attorney's |
|---|
| 207 | 207 | | office, or city attorney's office that has jurisdiction over the |
|---|
| 208 | 208 | | critical incident depicted in the video; and |
|---|
| 209 | 209 | | (4) any other individual or entity connected to the |
|---|
| 210 | 210 | | critical incident the law enforcement agency deems appropriate. |
|---|
| 211 | 211 | | SECTION 5. Section 143.089, Local Government Code, is |
|---|
| 212 | 212 | | amended by amending Subsection (g) and adding Subsection (h) to |
|---|
| 213 | 213 | | read as follows: |
|---|
| 214 | 214 | | (g) A fire or police department may maintain a personnel |
|---|
| 215 | 215 | | file on a fire fighter or police officer employed by the department |
|---|
| 216 | 216 | | to store sensitive personal information, including the |
|---|
| 217 | 217 | | individual's home address, home telephone number, personal |
|---|
| 218 | 218 | | cellular telephone number, emergency contact information, social |
|---|
| 219 | 219 | | security number, personal financial information, information that |
|---|
| 220 | 220 | | reveals whether the person has family members, and any other |
|---|
| 221 | 221 | | personal information the disclosure of which would constitute a |
|---|
| 222 | 222 | | clearly unwarranted invasion of personal privacy. The [for the |
|---|
| 223 | 223 | | department's use, but the] department may not release any |
|---|
| 224 | 224 | | information contained in the department file to any agency or |
|---|
| 225 | 225 | | person requesting information relating to a fire fighter or police |
|---|
| 226 | 226 | | officer, other than information in a police officer's personnel |
|---|
| 227 | 227 | | file relating to a police officer's alleged misconduct, as |
|---|
| 228 | 228 | | permitted by Section 552.108, Government Code. The department |
|---|
| 229 | 229 | | shall refer to the director or the director's designee a person or |
|---|
| 230 | 230 | | agency that requests information that is maintained in the fire |
|---|
| 231 | 231 | | fighter's or police officer's personnel file. |
|---|
| 232 | 232 | | (h) Notwithstanding any other law, a fire or police |
|---|
| 233 | 233 | | department shall disclose law enforcement disciplinary record |
|---|
| 234 | 234 | | information reasonably necessary to identify an allegation against |
|---|
| 235 | 235 | | a fire fighter or police officer that resulted in a sustained |
|---|
| 236 | 236 | | finding of misconduct, including: |
|---|
| 237 | 237 | | (1) any record created in furtherance of a law |
|---|
| 238 | 238 | | enforcement disciplinary proceeding; |
|---|
| 239 | 239 | | (2) each complaint, allegation, and charge against the |
|---|
| 240 | 240 | | employee; |
|---|
| 241 | 241 | | (3) the name of the employee complained of or charged; |
|---|
| 242 | 242 | | (4) the transcript of any disciplinary trial or |
|---|
| 243 | 243 | | hearing, including any exhibit introduced at the trial or hearing; |
|---|
| 244 | 244 | | (5) the disposition of any disciplinary proceeding; |
|---|
| 245 | 245 | | and |
|---|
| 246 | 246 | | (6) the final written opinion or memorandum supporting |
|---|
| 247 | 247 | | the disposition and discipline imposed, including the agency's: |
|---|
| 248 | 248 | | (A) complete factual findings; and |
|---|
| 249 | 249 | | (B) analysis of the conduct and appropriate |
|---|
| 250 | 250 | | discipline of the covered employee. |
|---|
| 251 | 251 | | SECTION 6. Section 1701.651(1), Occupations Code, is |
|---|
| 252 | 252 | | amended to read as follows: |
|---|
| 253 | 253 | | (1) "Body worn camera" means a recording device that |
|---|
| 254 | 254 | | is: |
|---|
| 255 | 255 | | (A) capable of recording, or transmitting to be |
|---|
| 256 | 256 | | recorded remotely, video and [or] audio simultaneously; and |
|---|
| 257 | 257 | | (B) worn on the person of a peace officer, which |
|---|
| 258 | 258 | | includes being attached to the officer's clothing or worn as |
|---|
| 259 | 259 | | glasses. |
|---|
| 260 | 260 | | SECTION 7. Sections 1701.661(a) and (b), Occupations Code, |
|---|
| 261 | 261 | | are amended to read as follows: |
|---|
| 262 | 262 | | (a) For purposes of Chapter 552, Government Code, |
|---|
| 263 | 263 | | information recorded by a body worn camera is considered to be a |
|---|
| 264 | 264 | | video representation held in computer memory [A member of the |
|---|
| 265 | 265 | | public is required to provide the following information when |
|---|
| 266 | 266 | | submitting a written request to a law enforcement agency for |
|---|
| 267 | 267 | | information recorded by a body worn camera: |
|---|
| 268 | 268 | | [(1) the date and approximate time of the |
|---|
| 269 | 269 | | recording; |
|---|
| 270 | 270 | | [(2) the specific location where the recording |
|---|
| 271 | 271 | | occurred; and |
|---|
| 272 | 272 | | [(3) the name of one or more persons known to be a |
|---|
| 273 | 273 | | subject of the recording]. |
|---|
| 274 | 274 | | (b) A law enforcement agency shall treat a written request |
|---|
| 275 | 275 | | for [failure to provide all of the] information recorded [required] |
|---|
| 276 | 276 | | by a body worn camera as [Subsection (a) to be part of] a request for |
|---|
| 277 | 277 | | public [recorded] information under Chapter 552, Government Code |
|---|
| 278 | 278 | | [does not preclude the requestor from making a future request for |
|---|
| 279 | 279 | | the same recorded information]. |
|---|
| 280 | 280 | | SECTION 8. Section 1701.661(f), Occupations Code, is |
|---|
| 281 | 281 | | repealed. |
|---|
| 282 | 282 | | SECTION 9. The changes in law made by this Act apply to |
|---|
| 283 | 283 | | information produced or maintained before, on, or after the |
|---|
| 284 | 284 | | effective date of this Act. |
|---|
| 285 | 285 | | SECTION 10. This Act takes effect September 1, 2021. |
|---|