By West                                          S.B. No. 870

      75R5149 DWS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to visual recording of persons arrested for certain

 1-3     offenses.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 720, Transportation Code, is amended by

 1-6     adding Section 720.003 to read as follows:

 1-7           Sec. 720.003.  VISUAL RECORDING OF PERSONS ARRESTED FOR

 1-8     CERTAIN OFFENSES.  (a)  A county with a population of 25,000 or

 1-9     more shall purchase and maintain electronic devices capable of

1-10     visually recording a person arrested within the county for an

1-11     offense under Section 49.04, 49.07, or 49.08, Penal Code.

1-12           (b)  The sheriff of the county shall determine, on approval

1-13     by the commissioners court, the number of devices necessary to

1-14     ensure that a peace officer arresting a person for an offense

1-15     listed by Subsection (a) may visually record the person's

1-16     appearance within a reasonable time after the arrest.

1-17           (c)  The failure of the arresting officer or another person

1-18     acting on behalf of the state to visually record  a person arrested

1-19     for an offense listed by Subsection (a) in a county required by

1-20     that subsection to purchase and maintain the electronic devices is

1-21     admissible at the trial of the offense.

1-22           SECTION 2.  Section 24, Chapter 303, Acts of the 68th

1-23     Legislature, Regular Session, 1983, is repealed.

1-24           SECTION 3.  This Act is intended to codify law in effect

 2-1     before the effective date of this Act.

 2-2           SECTION 4.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.