By:  Wentworth, West                                  S.B. No. 1101

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to access to certain law enforcement and prosecutorial

 1-2     records under the open records law.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 552.108, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 552.108.  EXCEPTION: CERTAIN LAW ENFORCEMENT AND

 1-7     PROSECUTORIAL INFORMATION.  (a)  Information held by a law

 1-8     enforcement agency or prosecutor that deals with the detection,

 1-9     investigation, or prosecution of crime is excepted from the

1-10     requirements of Section 552.021 if:

1-11                 (1)  release of the information would interfere with

1-12     the detection, investigation, or prosecution of crime;

1-13                 (2)  it is information that deals with the detection,

1-14     investigation, or prosecution of crime only in relation to an

1-15     investigation that did not result in the presentment of an

1-16     indictment or information; or

1-17                 (3)  it is information that:

1-18                       (A)  is prepared by an attorney representing the

1-19     state in anticipation of or in the course of preparing for criminal

1-20     litigation; and

1-21                       (B)  reflects the mental impressions or legal

1-22     reasoning of an attorney representing the state.

1-23           (b)  An internal record or notation of a law enforcement

 2-1     agency or prosecutor that is maintained for internal use in matters

 2-2     relating to law enforcement or prosecution is excepted from the

 2-3     requirements of Section 552.021 if:

 2-4                 (1)  release of the internal record or notation would

 2-5     interfere with law enforcement or prosecution;

 2-6                 (2)  the internal record or notation relates to law

 2-7     enforcement only in relation to an investigation that did not

 2-8     result in the presentment of an indictment or information; or

 2-9                 (3)  the internal record or notation:

2-10                       (A)  is prepared by an attorney representing the

2-11     state in anticipation of or in the course of preparing for criminal

2-12     litigation; and

2-13                       (B)  reflects the mental impressions or legal

2-14     reasoning of an attorney representing the state.

2-15           (c)  This section does not except from the requirements of

2-16     Section 552.021 information that is basic information about an

2-17     arrested person, an arrest, or a crime.

2-18           SECTION 2.  The change in law made by this Act to Section

2-19     552.108, Government Code, applies to information, records, and

2-20     notations collected, made, assembled, or maintained on, before, or

2-21     after the effective date of this Act.

2-22           SECTION 3.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended,

 3-2     and that this Act take effect and be in force from and after its

 3-3     passage, and it is so enacted.