Texas 2025 89th Regular

Texas Senate Bill SB2557 Introduced / Bill

Filed 03/13/2025

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                    89R15208 JSC-D
 By: West S.B. No. 2557




 A BILL TO BE ENTITLED
 AN ACT
 relating to preventing racial profiling and to video and audio
 equipment and recordings of certain law enforcement motor vehicle
 stops; authorizing a fee; creating a criminal offense.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 2B.0052, Code of Criminal Procedure, is
 amended to read as follows:
 Art. 2B.0052.  RACIAL PROFILING PROHIBITED. A peace officer
 may not engage in an act of racial profiling, as defined by the
 written policy required by Article 2B.0053(b) and adopted by the
 law enforcement agency employing the officer.
 SECTION 2.  Article 2B.0053, Code of Criminal Procedure, is
 amended by adding Subsection (b-1) to read as follows:
 (b-1)  A policy adopted under Subsection (b) must be
 consistent with the Federal Rules of Evidence and the Texas Rules of
 Evidence.
 SECTION 3.  Article 2B.0151(c), Code of Criminal Procedure,
 is amended to read as follows:
 (c)  If a law enforcement agency installs video or audio
 equipment or equips peace officers with body worn cameras as
 provided by this article, the policy adopted by the agency under
 Article 2B.0053(b) must include:
 (1)  guidelines for when a peace officer should
 activate the camera or other equipment or discontinue a recording
 currently in progress;
 (2)  provisions relating to data retention, including a
 provision requiring the retention of [standards for reviewing]
 video and audio recordings for a minimum period of 90 days;
 (3)  provisions relating to storage of video and audio
 recordings, creation of backup copies of the recordings, and
 maintenance of data security;
 (4)  guidelines for public access, through open records
 requests, to recordings that are public information;
 (5)  procedures for supervisory or internal review; and
 (6)  procedures for the handling and documenting of
 equipment and malfunctions of equipment [documentation].
 SECTION 4.  Subchapter D, Chapter 2B, Code of Criminal
 Procedure, is amended by adding Articles 2B.01515, 2B.0155,
 2B.0156, 2B.0157, 2B.0158, and 2B.0159 to read as follows:
 Art. 2B.01515.  RECORDING INTERACTIONS WITH PUBLIC. (a)  In
 this article, "motor vehicle stop" has the meaning assigned by
 Article 2B.0051.
 (b)  A peace officer who uses a law enforcement motor vehicle
 or motorcycle equipped with video or audio equipment described by
 Article 2B.0151(b)(1) or (2) shall act in a manner that is
 consistent with the policy of the law enforcement agency that
 employs the officer with respect to when and under what
 circumstances the equipment must be activated for the purpose of
 recording interactions with the public.
 (c)  A peace officer who does not activate video or audio
 equipment in response to a call for assistance or on making a motor
 vehicle stop must include in the officer's incident report or
 otherwise note in the case file or record the reason for not
 activating the equipment.
 (d)  Any justification for failing to activate the equipment
 because it is unsafe, unrealistic, or impracticable is based on
 whether a reasonable officer under the same or similar
 circumstances would have made the same decision.
 Art. 2B.0155.  RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW
 ENFORCEMENT OFFICER. (a)  Except as provided by Subsection (b), a
 video or audio recording made under Article 2B.01515 and
 documenting an incident that involves the use of deadly force by a
 peace officer or that is otherwise related to an administrative or
 criminal investigation of an officer may not be deleted, destroyed,
 or released to the public until all criminal matters have been
 finally adjudicated and all related administrative investigations
 have concluded.
 (b)  A law enforcement agency may release to the public a
 recording described by Subsection (a) if the law enforcement agency
 determines that the release furthers a law enforcement purpose.
 (c)  This article does not affect the authority of a law
 enforcement agency to withhold under Section 552.108, Government
 Code, information related to a closed criminal investigation that
 did not result in a conviction or a grant of deferred adjudication
 community supervision.
 Art. 2B.0156.  RELEASE OF VIDEO OR AUDIO RECORDING. (a)  A
 member of the public is required to provide the following
 information when submitting a written request to a law enforcement
 agency for one or more video or audio recordings made under Article
 2B.01515:
 (1)  the dates and approximate times of the recordings;
 (2)  the specific location or locations where the
 recordings occurred; and
 (3)  if known, the name of one or more persons known to
 be a subject of the recording or recordings.
 (b)  A failure to provide all of the information required by
 Subsection (a) to be part of a request for a recording does not
 preclude the requestor from making a future request for the same
 recording.
 (c)  A request may not be denied solely because the requestor
 does not know the name of a person who is a subject of the recording.
 (d)  Except as provided by Subsection (e), a recording
 described by Subsection (a) that is held by a law enforcement agency
 is not subject to the requirements of Section 552.021, Government
 Code.
 (e)  A recording that is or could be used as evidence in a
 criminal prosecution is subject to the requirements of Section
 552.021, Government Code.
 (f)  Notwithstanding Subsection (e), a law enforcement
 agency may:
 (1)  seek to withhold a recording subject to Subsection
 (e) by asserting any exceptions to disclosure in Chapter 552,
 Government Code, or other law; or
 (2)  release a recording requested in accordance with
 Subsection (a) after the agency redacts any information made
 confidential under Chapter 552, Government Code, or other law.
 (g)  The attorney general shall set a proposed fee to be
 charged to members of the public who seek to obtain a copy of a
 recording under this article.  The fee amount must be sufficient to
 cover the cost of reviewing and making the recording.  A law
 enforcement agency may provide a copy without charge or at a reduced
 charge if the agency determines that waiver or reduction of the
 charge is in the public interest.
 (h)  A recording is confidential and excepted from the
 requirements of Chapter 552, Government Code, if the recording:
 (1)  was not required to be made under law or under a
 policy adopted by the appropriate law enforcement agency; and
 (2)  does not relate to a law enforcement purpose.
 Art. 2B.0157.  VIDEO AND AUDIO RECORDINGS; REQUEST FOR
 ATTORNEY GENERAL DECISION. (a)  Notwithstanding Section
 552.301(b), Government Code, a governmental body's request for a
 decision from the attorney general about whether a requested
 recording made under Article 2B.01515 falls within an exception to
 public disclosure is considered timely if made not later than the
 20th business day after the date of receipt of the written request.
 (b)  Notwithstanding Section 552.301(d), Government Code, a
 governmental body's response to a requestor regarding a requested
 recording is considered timely if made not later than the 20th
 business day after the date of receipt of the written request.
 (c)  Notwithstanding Section 552.301(e), Government Code, a
 governmental body's submission to the attorney general of the
 information required by that subsection regarding a requested
 recording is considered timely if made not later than the 25th
 business day after the date of receipt of the written request.
 (d)  Notwithstanding Section 552.301(e-1), Government Code,
 a governmental body's submission to a requestor of the information
 required by that subsection regarding a requested recording is
 considered timely if made not later than the 25th business day after
 the date of receipt of the written request.
 Art. 2B.0158.  PRODUCTION OF VIDEO OR AUDIO RECORDING IN
 RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a)
 Notwithstanding Section 552.221(d), Government Code, an officer
 for public information who is employed by a governmental body and
 who in accordance with Article 2B.0156 receives a voluminous
 request for recordings made under Article 2B.01515 is considered to
 have promptly produced the information for purposes of Section
 552.221, Government Code, if the officer takes the actions required
 under that section before the 21st business day after the date of
 receipt of the written request.
 (b)  For purposes of this article, "voluminous request"
 includes:
 (1)  more than five separate requests for recordings
 from the same person in a 24-hour period; or
 (2)  a request or multiple requests from the same
 person in a 24-hour period for recordings that, taken together,
 constitute more than five total hours of video or audio recordings.
 Art. 2B.0159.  OFFENSE. (a)  A peace officer or other
 employee of a law enforcement agency commits an offense if the
 officer or employee releases without permission of the applicable
 law enforcement agency a recording made under Article 2B.01515.
 (b)  An offense under this article is a Class A misdemeanor.
 SECTION 5.  (a)  A law enforcement agency operating video or
 audio equipment on the effective date of this Act may submit any
 existing policy of the agency regarding the use of the equipment to
 the Texas Commission on Law Enforcement to determine whether the
 policy complies with Article 2B.0151(c), Code of Criminal
 Procedure, as amended by this Act.
 (b)  Notwithstanding Article 2B.0151(c), Code of Criminal
 Procedure, as amended by this Act, a law enforcement agency
 operating video or audio equipment on the effective date of this Act
 is not required to adopt or implement a policy that complies with
 that article before September 1, 2026.
 (c)  Articles 2B.0155, 2B.0156, 2B.0157, 2B.0158, and
 2B.0159, Code of Criminal Procedure, as added by this Act, apply to
 a release of a recording on or after the effective date of this Act,
 regardless of whether the incident that is the subject of the
 recording occurred before, on, or after the effective date of this
 Act.
 SECTION 6.  This Act takes effect September 1, 2025.