Texas 2023 - 88th Regular

Texas Senate Bill SB2093 Compare Versions

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1	1	By: West S.B. No. 2093
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to preventing racial profiling and to video and audio
7	7	equipment and recordings of certain law enforcement motor vehicle
8	8	stops; creating an offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.131, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer
13	13	may not engage in an act of racial profiling, as defined by the
14	14	written policy required by Article 2.132(b) and adopted by the law
15	15	enforcement agency employing the officer.
16	16	SECTION 2. Article 2.132, Code of Criminal Procedure, is
17	17	amended by amending Subsection (d) and adding Subsection (d-1) to
18	18	read as follows:
19	19	(d) On adoption of a policy under Subsection (b), a law
20	20	enforcement agency shall examine the feasibility of installing
21	21	video camera and transmitter-activated equipment in each agency law
22	22	enforcement motor vehicle regularly used to make motor vehicle
23	23	stops and transmitter-activated equipment in each agency law
24	24	enforcement motorcycle regularly used to make motor vehicle stops.
25	25	The agency also shall examine the feasibility of equipping each
26	26	peace officer who regularly detains or stops motor vehicles with a
27	27	body worn camera, as that term is defined by Section 1701.651,
28	28	Occupations Code. If a law enforcement agency installs video or
29	29	audio equipment or equips peace officers with body worn cameras as
30	30	provided by this subsection, the policy adopted by the agency under
31	31	Subsection (b) must include:
32	32	(1) guidelines for when a peace officer should
33	33	activate the camera or other equipment or discontinue a recording
34	34	currently in progress;
35	35	(2) provisions relating to data retention, including a
36	36	provision requiring the retention of [standards for reviewing]
37	37	video and audio recordings for a minimum period of 90 days;
38	38	(3) provisions relating to storage of video and audio
39	39	recordings, creation of backup copies of the recordings, and
40	40	maintenance of data security;
41	41	(4) guidelines for public access, through open records
42	42	requests, to recordings that are public information;
43	43	(5) procedures for supervisory or internal review; and
44	44	(6) the handling and documenting of equipment and
45	45	malfunctions of equipment [documentation].
46	46	(d-1) A policy adopted under this article must be consistent
47	47	with the Federal Rules of Evidence and Texas Rules of Evidence.
48	48	SECTION 3. Chapter 2, Code of Criminal Procedure, is
49	49	amended by adding Articles 2.1325, 2.13851, 2.13852, 2.13853,
50	50	2.13854, and 2.13855 to read as follows:
51	51	Art. 2.1325. RECORDING INTERACTIONS WITH THE PUBLIC. (a)
52	52	In this article, "motor vehicle stop" has the meaning assigned by
53	53	Article 2.132(a).
54	54	(b) A peace officer who uses a law enforcement motor vehicle
55	55	or motorcycle equipped with video or audio equipment described by
56	56	Article 2.132(d) shall act in a manner that is consistent with the
57	57	policy of the law enforcement agency that employs the officer with
58	58	respect to when and under what circumstances the equipment must be
59	59	activated.
60	60	(c) A peace officer who does not activate video or audio
61	61	equipment in response to a call for assistance or on making a motor
62	62	vehicle stop must include in the officer's incident report or
63	63	otherwise note in the case file or record the reason for not
64	64	activating the equipment.
65	65	(d) Any justification for failing to activate the equipment
66	66	because it is unsafe, unrealistic, or impracticable is based on
67	67	whether a reasonable officer under the same or similar
68	68	circumstances would have made the same decision.
69	69	Art. 2.13851. RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW
70	70	ENFORCEMENT OFFICER. (a) Except as provided by Subsection (b), a
71	71	video or audio recording under Article 2.1325 documenting an
72	72	incident that involves the use of deadly force by a peace officer or
73	73	that is otherwise related to an administrative or criminal
74	74	investigation of an officer may not be deleted, destroyed, or
75	75	released to the public until all criminal matters have been finally
76	76	adjudicated and all related administrative investigations have
77	77	concluded.
78	78	(b) A law enforcement agency may release to the public a
79	79	recording described by Subsection (a) if the law enforcement agency
80	80	determines that the release furthers a law enforcement purpose.
81	81	(c) This article does not affect the authority of a law
82	82	enforcement agency to withhold under Section 552.108, Government
83	83	Code, information related to a closed criminal investigation that
84	84	did not result in a conviction or a grant of deferred adjudication
85	85	community supervision.
86	86	Art. 2.13852. RELEASE OF VIDEO OR AUDIO RECORDING. (a) A
87	87	member of the public is required to provide the following
88	88	information when submitting a written request to a law enforcement
89	89	agency for a video or audio recording under Article 2.1325:
90	90	(1) the date and approximate time of the recording;
91	91	(2) the specific location where the recording
92	92	occurred; and
93	93	(3) the name of one or more persons known to be a
94	94	subject of the recording.
95	95	(b) A failure to provide all of the information required by
96	96	Subsection (a) to be part of a request for a recording does not
97	97	preclude the requestor from making a future request for the same
98	98	recording.
99	99	(c) Except as provided by Subsection (d), a recording
100	100	described by Subsection (a) that is held by a law enforcement agency
101	101	is not subject to the requirements of Section 552.021, Government
102	102	Code.
103	103	(d) A recording that is or could be used as evidence in a
104	104	criminal prosecution is subject to the requirements of Section
105	105	552.021, Government Code.
106	106	(e) A law enforcement agency may:
107	107	(1) seek to withhold a recording subject to Subsection
108	108	(d) in accordance with procedures provided by Section 552.301,
109	109	Government Code;
110	110	(2) assert any exceptions to disclosure in Chapter
111	111	552, Government Code, or other law; or
112	112	(3) release a recording requested in accordance with
113	113	Subsection (a) after the agency redacts any information made
114	114	confidential under Chapter 552, Government Code, or other law.
115	115	(f) The attorney general shall set a proposed fee to be
116	116	charged to members of the public who seek to obtain a copy of a
117	117	recording under this article. The fee amount must be sufficient to
118	118	cover the cost of reviewing and making the recording. A law
119	119	enforcement agency may provide a copy without charge or at a reduced
120	120	charge if the agency determines that waiver or reduction of the
121	121	charge is in the public interest.
122	122	(g) A recording is confidential and excepted from the
123	123	requirements of Chapter 552, Government Code, if the recording:
124	124	(1) was not required to be made under law or under a
125	125	policy adopted by the appropriate law enforcement agency; and
126	126	(2) does not relate to a law enforcement purpose.
127	127	Art. 2.13853. VIDEO AND AUDIO RECORDINGS; REQUEST FOR
128	128	ATTORNEY GENERAL DECISION. (a) Notwithstanding Section
129	129	552.301(b), Government Code, a governmental body's request for a
130	130	decision from the attorney general about whether a requested
131	131	recording under Article 2.1325 falls within an exception to public
132	132	disclosure is considered timely if made not later than the 20th
133	133	business day after the date of receipt of the written request.
134	134	(b) Notwithstanding Section 552.301(d), Government Code, a
135	135	governmental body's response to a requestor regarding a requested
136	136	recording is considered timely if made not later than the 20th
137	137	business day after the date of receipt of the written request.
138	138	(c) Notwithstanding Section 552.301(e), Government Code, a
139	139	governmental body's submission to the attorney general of the
140	140	information required by that subsection regarding a requested
141	141	recording is considered timely if made not later than the 25th
142	142	business day after the date of receipt of the written request.
143	143	(d) Notwithstanding Section 552.301(e-1), Government Code,
144	144	a governmental body's submission to a requestor of the information
145	145	required by that subsection regarding a requested recording is
146	146	considered timely if made not later than the 25th business day after
147	147	the date of receipt of the written request.
148	148	Art. 2.13854. PRODUCTION OF VIDEO OR AUDIO RECORDING IN
149	149	RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a)
150	150	Notwithstanding Section 552.221(d), Government Code, an officer
151	151	for public information who is employed by a governmental body and
152	152	who in accordance with Article 2.13853 receives a voluminous
153	153	request for recordings under Article 2.1325 is considered to have
154	154	promptly produced the information for purposes of Section 552.221,
155	155	Government Code, if the officer takes the actions required under
156	156	that section before the 21st business day after the date of receipt
157	157	of the written request.
158	158	(b) For purposes of this article, "voluminous request"
159	159	includes:
160	160	(1) a request for recordings from more than five
161	161	separate incidents;
162	162	(2) more than five separate requests for recordings
163	163	from the same person in a 24-hour period, regardless of the number
164	164	of incidents included in each request; or
165	165	(3) a request or multiple requests from the same
166	166	person in a 24-hour period for recordings that, taken together,
167	167	constitute more than five total hours of video or audio recordings.
168	168	Art. 2.13855. OFFENSE. (a) A peace officer or other
169	169	employee of a law enforcement agency commits an offense if the
170	170	officer or employee releases without permission of the applicable
171	171	law enforcement agency a recording.
172	172	(b) An offense under this article is a Class A misdemeanor.
173	173	SECTION 4. (a) A law enforcement agency operating video or
174	174	audio equipment on the effective date of this Act may submit any
175	175	existing policy of the agency regarding the use of the equipment to
176	176	the Texas Commission on Law Enforcement to determine whether the
177	177	policy complies with Article 2.132(d), Code of Criminal Procedure,
178	178	as amended by this Act.
179	179	(b) Notwithstanding Article 2.132(d), Code of Criminal
180	180	Procedure, as amended by this Act, a law enforcement agency
181	181	operating video or audio equipment on the effective date of this Act
182	182	is not required to adopt or implement a policy that complies with
183	183	that article before September 1, 2024.
184	184	(c) Articles 2.13851, 2.13852, 2.13853, 2.13854, and
185	185	2.13855, Code of Criminal Procedure, as added by this Act, apply to
186	186	a release of a recording on or after the effective date of this Act,
187	187	regardless of whether the incident that is the subject of the
188	188	recording occurred before, on, or after the effective date of this
189	189	Act.
190	190	SECTION 5. This Act takes effect September 1, 2023.