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A BILL TO BE ENTITLED
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AN ACT
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relating to law enforcement policies and procedures regarding body |
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worn cameras. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the "Botham Jean Act." |
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SECTION 2. Section 1701.655, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c-1) to read as |
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follows: |
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(b) A policy described by Subsection (a) must ensure that a |
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body worn camera is activated only for a law enforcement purpose and |
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must include: |
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(1) guidelines for when a peace officer should |
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activate a camera or discontinue a recording currently in progress, |
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considering the need for privacy in certain situations and at |
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certain locations; |
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(2) provisions relating to data retention, including a |
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provision requiring the retention of video for a minimum period of |
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90 days; |
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(3) provisions relating to storage of video and audio, |
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creation of backup copies of the video and audio, and maintenance of |
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data security; |
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(4) provisions relating to the collection of a body |
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worn camera, including the applicable video and audio recorded by |
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the camera, as evidence; |
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(5) guidelines for public access, through open records |
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requests, to recordings that are public information; |
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(6) [(5)] provisions entitling an officer to access |
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any recording of an incident involving the officer before the |
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officer is required to make a statement about the incident; |
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(7) [(6)] procedures for supervisory or internal |
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review; and |
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(8) [(7)] the handling and documenting of equipment |
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and malfunctions of equipment. |
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(c-1) A policy described by Subsection (a) must require a |
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peace officer who is equipped with a body worn camera and actively |
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participating in an investigation to keep the camera activated for |
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the entirety of the officer's active participation in the |
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investigation unless the camera has been deactivated in compliance |
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with that policy. |
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SECTION 3. Section 1701.657(b), Occupations Code, is |
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amended to read as follows: |
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(b) A peace officer equipped with a body worn camera may |
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choose not to activate a camera or may choose to discontinue a |
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recording currently in progress for any [nonconfrontational] |
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encounter with a person that is not related to an investigation [, |
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including an interview of a witness or victim]. |
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SECTION 4. This Act takes effect September 1, 2021. |