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A BILL TO BE ENTITLED
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AN ACT
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relating to recordings of peace officer performance of official |
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duties and interactions with the public; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.09(c) and (d), Penal Code, are |
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amended to read as follows: |
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(c) An offense under Subsection (a), [or Subsection] |
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(d)(1), or (d)(3) is a felony of the third degree, unless the thing |
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altered, destroyed, or concealed is a human corpse, in which case |
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the offense is a felony of the second degree. An offense under |
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Subsection (d)(2) is a Class A misdemeanor. |
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(d) A person commits an offense if the person: |
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(1) knowing that an offense has been committed, |
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alters, destroys, or conceals any record, document, or thing with |
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intent to impair its verity, legibility, or availability as |
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evidence in any subsequent investigation of or official proceeding |
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related to the offense; [or] |
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(2) observes a human corpse under circumstances in |
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which a reasonable person would believe that an offense had been |
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committed, knows or reasonably should know that a law enforcement |
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agency is not aware of the existence of or location of the corpse, |
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and fails to report the existence of and location of the corpse to a |
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law enforcement agency; or |
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(3) is a peace officer or other employee of a law |
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enforcement agency who alters, destroys, or conceals another |
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person's audio, visual, or photographic recording of a peace |
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officer's performance of official duties without obtaining that |
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other person's written consent. |
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SECTION 2. Section 38.15(c), Penal Code, is amended to read |
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as follows: |
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(c) It is a defense to prosecution under Subsection (a)(1) |
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that the conduct engaged in by the defendant: |
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(1) was intended to warn a person operating a motor |
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vehicle of the presence of a peace officer who was enforcing |
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Subtitle C, Title 7, Transportation Code; or |
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(2) consisted only of filming, recording, |
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photographing, documenting, or observing a peace officer, if before |
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or while engaging in the conduct, the defendant obeyed any |
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reasonable and lawful order by a peace officer to change the |
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defendant's proximity or position. |
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SECTION 3. Section 542.501, Transportation Code, is amended |
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to read as follows: |
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Sec. 542.501. OBEDIENCE REQUIRED TO PEACE [POLICE] |
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OFFICERS, SCHOOL CROSSING GUARDS, AND ESCORT FLAGGERS. (a) A |
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person may not wilfully fail or refuse to comply with a lawful order |
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or direction of: |
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(1) a peace [police] officer, subject to Subsection |
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(b); |
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(2) a school crossing guard who: |
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(A) is performing crossing guard duties in a |
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school crosswalk to stop and yield to a pedestrian; or |
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(B) has been trained under Section 600.004 and is |
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directing traffic in a school crossing zone; or |
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(3) an escort flagger who is directing or controlling |
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the flow of traffic in accordance with a permit issued by the Texas |
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Department of Motor Vehicles under Subtitle E for the movement of an |
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oversize or overweight vehicle. |
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(b) Subsection (a)(1) does not apply to an order or |
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direction to cease filming, recording, photographing, documenting, |
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or observing a peace officer while the officer is engaged in the |
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performance of official duties. This subsection does not prohibit a |
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peace officer from giving the person a reasonable and lawful order |
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or direction to change the person's proximity or position relative |
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to a peace officer who is engaged in the performance of official |
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duties. |
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SECTION 4. Section 37.09, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, Section 38.15, Penal Code, and Section 542.501, |
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Transportation Code, as amended by this Act, apply to the |
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prosecution of an offense under one of those sections commenced |
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before, on, or after the effective date of this Act. |
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(b) A final conviction for an offense under Section 38.15, |
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Penal Code, or Section 542.501, Transportation Code, that exists on |
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the effective date of this Act is unaffected by this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |