78R1152 JRD-D
By: Dutton H.B. No. 354
A BILL TO BE ENTITLED
AN ACT
relating to access to certain law enforcement and prosecutorial
records under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.108, Government Code, is amended to
read as follows:
Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT AND
PROSECUTORIAL INFORMATION. (a) Information held by a law
enforcement agency or prosecutor that deals with the detection,
investigation, or prosecution of crime is excepted from the
requirements of Section 552.021 if[:
[(1)] release of the information would unduly
interfere with the detection, investigation, or prosecution of
crime[;
[(2) it is information that deals with the detection,
investigation, or prosecution of crime only in relation to an
investigation that did not result in conviction or deferred
adjudication;
[(3) it is information relating to a threat against a
peace officer collected or disseminated under Section 411.048; or
[(4) it is information that:
[(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation; or
[(B) reflects the mental impressions or legal
reasoning of an attorney representing the state].
(b) An internal record or notation of a law enforcement
agency or prosecutor that is maintained for internal use in matters
relating to law enforcement or prosecution is excepted from the
requirements of Section 552.021 if[:
[(1)] release of the internal record or notation would
unduly interfere with law enforcement or prosecution[;
[(2) the internal record or notation relates to law
enforcement only in relation to an investigation that did not
result in conviction or deferred adjudication; or
[(3) the internal record or notation:
[(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation; or
[(B) reflects the mental impressions or legal
reasoning of an attorney representing the state].
[(c) This section does not except from the requirements of
Section 552.021 information that is basic information about an
arrested person, an arrest, or a crime.]
SECTION 2. Section 411.048, Government Code, is amended by
adding Subsection (j) to read as follows:
(j) Information relating to a threat against a peace officer
that is collected or disseminated under this section is excepted
from required disclosure under the public information law, Chapter
552.
SECTION 3. The changes in law made by this Act to Sections
411.048 and 552.108, Government Code, apply to information,
records, and notations collected, made, assembled, or maintained
on, before, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2003.