SRC-SLL S.B. 870 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 870
By: West
Criminal Justice
3-12-97
As Filed


DIGEST 

In 1983, the 68th Legislature adopted S.B. 1.  Included in the bill was a
provision which required certain counties to purchase and maintain
electronic devices capable of recording persons arrested for certain
offenses.  This requirement was never codified.  The courts have ruled
that the only sanction for failure to videotape a driving while
intoxicated (DWI) arrestee as required by the uncodified statute is
admission of that fact at trial.  Videotaping a DWI suspect is therefore
not an absolute prerequisite to a DWI prosecution.  This bill will codify
existing law regarding the visual recording of persons arrested for
certain offenses. 

PURPOSE

As proposed, S.B. 870 codifies existing law regarding the visual recording
of persons arrested for certain offenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 720, Transportation Code, by adding Section
720.003, as follows: 

Sec.  720.003.  VISUAL RECORDING OF PERSONS ARRESTED FOR CERTAIN OFFENSES.
Requires certain counties to purchase and maintain electronic devices
capable of visually recording a person arrested within the county for an
offense under Section 49.04, 49.07, or 49.08, Penal Code.  Requires the
sheriff of the county to determine, on approval by the commissioners
court, the number of devices necessary to ensure that a peace officer
arresting a person for an offense listed by Subsection (a) is authorized
to visually record the person's appearance within a reasonable time after
the arrest.  Provides that the failure of the arresting officer or another
person acting on behalf of the state to visually record a person arrested
for an offense listed by Subsection (a) in a county required by that
subsection to purchase and maintain the electronic devices is admissible
at the trial of the offense. 

SECTION 2. Repealer: Section 24, Chapter 303, Acts of the 68th
Legislature, Regular Session, 1983. 

SECTION 3. Provides that this Act is intended to codify law in effect
before the effective date of this Act. 

SECTION 4. Emergency clause.
  Effective date: upon passage.