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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure under the public information law of |
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certain evidence of a crime that resulted in the death of a person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.108, Government Code, is amended by |
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adding Subsections (d), (e), (f), (g), and (h) to read as follows: |
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(d) Notwithstanding other law, a prosecutor may permit a |
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person to view the following evidence of a qualifying crime that |
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occurred in the prosecutor's jurisdiction at least five years |
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before the date the person is allowed to view the information: |
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(1) a medical examiner's report, if the person viewing |
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the report is a family member of the person who is the subject of the |
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report and the person who is the subject of the report was a victim |
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of the crime; and |
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(2) video evidence of the crime, if the person viewing |
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the video is a victim of the crime or a family member of a victim of |
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the crime. |
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(e) A person permitted to view a medical examiner's report |
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or video evidence under Subsection (d) may not copy, duplicate, |
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photograph, record, capture, or otherwise memorialize the |
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information. A prosecutor may prohibit the person from having a |
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recording device, including a phone or camera, in the room when the |
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person views the information. The prosecutor shall advise the |
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person that the information is confidential and that discussing the |
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contents of the information with another person is prohibited and |
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could compromise the prosecution of the crime. The prosecutor may |
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require the person to sign a confidentiality agreement before |
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permitting the person to view the information. |
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(f) A permitted viewing of a medical examiner's report or |
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video evidence under Subsection (d) is not a voluntary disclosure |
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of information for purposes of Section 552.007(b). A governmental |
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body, by providing information under Subsection (d) that is |
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confidential or otherwise excepted from required disclosure under |
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law, does not waive or affect the confidentiality of the |
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information for purposes of state or federal law or waive the right |
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to assert exceptions to required disclosure of the information in |
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the future. |
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(g) Subsection (d) does not affect: |
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(1) the right of a person to obtain a medical |
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examiner's report or video evidence of a crime from a governmental |
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body under other law; |
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(2) the procedures under which the information is |
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obtained under other law; or |
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(3) the use that may be made of the information |
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obtained under other law. |
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(h) In this section: |
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(1) "Family member" means a person related to a victim |
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of a crime within the first degree of consanguinity or affinity. |
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(2) "Medical examiner's report" means a report and the |
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contents of such a report created by a medical examiner under |
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Article 49.25, Code of Criminal Procedure, including an autopsy |
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report and toxicology report. |
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(3) "Qualifying crime" means a crime: |
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(A) that resulted in the death of at least five |
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people; and |
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(B) for which the defendant or person who is the |
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alleged or suspected perpetrator of the crime is determined to be |
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incompetent to stand trial. |
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(4) "Victim" means an individual who suffered personal |
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injury or death as a result of criminal conduct. |
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SECTION 2. The change in law made by this Act applies to a |
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crime that occurred before, on, or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |