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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain law enforcement, corrections, and |
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prosecutorial records under the public information law. |
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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 to |
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read as follows: |
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Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT[,
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CORRECTIONS,] AND PROSECUTORIAL INFORMATION. (a) Information held |
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by a law enforcement agency or prosecutor that deals with the |
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detection, investigation, or prosecution of crime is excepted from |
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the requirements of Section 552.021 if[:
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[(1)] release of the information would unduly interfere |
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with the detection, investigation, or prosecution of crime[;
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[(2) it is information that deals with the detection,
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investigation, or prosecution of crime only in relation to an
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investigation that did not result in conviction or deferred
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adjudication;
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[(3) it is information relating to a threat against a
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peace officer or detention officer collected or disseminated under
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Section 411.048; or
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[(4)it is information that:
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[(A) is prepared by an attorney representing the
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state in anticipation of or in the course of preparing for criminal
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litigation; or
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[(B) reflects the mental impressions or legal
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reasoning of an attorney representing the state]. |
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(b) An internal record or notation of a law enforcement |
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agency or prosecutor that is maintained for internal use in matters |
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relating to law enforcement or prosecution is excepted from the |
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requirements of Section 552.021 if[:
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[(1)] release of the internal record or notation would |
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unduly interfere with law enforcement or prosecution[;
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[(2) the internal record or notation relates to law
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enforcement only in relation to an investigation that did not
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result in conviction or deferred adjudication; or
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[(3)the internal record or notation:
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[(A) is prepared by an attorney representing the
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state in anticipation of or in the course of preparing for criminal
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litigation; or
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[(B) reflects the mental impressions or legal
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reasoning of an attorney representing the state]. |
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[(c) This section does not except from the requirements of
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Section 552.021 information that is basic information about an
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arrested person, an arrest, or a crime.] |
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SECTION 2. Section 411.048, Government Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) Information relating to a threat against a peace officer |
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or detention officer that is collected or disseminated under this |
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section is excepted from required disclosure under the public |
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information law, Chapter 552. |
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SECTION 3. The changes in law made by this Act to Sections |
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411.048 and 552.108, Government Code, apply to information, |
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records, and notations collected, made, assembled, or maintained |
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on, before, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |