| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to access to certain law enforcement, corrections, 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, |
|
|
CORRECTIONS, 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 relating to: |
|
|
(A) an ongoing investigation; or |
|
|
(B) conduct that remains subject to prosecution |
|
|
and the matter is not considered closed [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 or detention 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: |
|
|
(A) [law enforcement only in relation to] an |
|
|
ongoing investigation; or |
|
|
(B) conduct that remains subject to prosecution |
|
|
and the matter is not considered closed [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. The changes in law made by this Act to Section |
|
|
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 3. This Act takes effect September 1, 2013. |