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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain crime scene photographs |
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and video recordings; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 56, Code of Criminal Procedure, is |
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amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. CONFIDENTIALITY OF CRIME SCENE PHOTOGRAPHS AND |
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RECORDINGS |
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Art. 56.151. DEFINITIONS. In this subchapter: |
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(1) "Deceased person's next of kin" means: |
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(A) the surviving spouse of the deceased person; |
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(B) if there is no surviving spouse of the |
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deceased, an adult child of the deceased person; or |
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(C) if there is no surviving spouse or adult |
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child of the deceased, a parent of the deceased person. |
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(2) "Local governmental entity" means a county, |
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municipality, school district, charter school, junior college |
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district, or other political subdivision of this state. |
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(3) "News media" means: |
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(A) a radio or television station that holds a |
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license issued by the Federal Communications Commission; |
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(B) a newspaper that is qualified under Section |
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2051.044, Government Code, to publish legal notices or is a free |
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newspaper of general circulation and that is published at least |
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once a week and available and of interest to the general public in |
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connection with the dissemination of news; or |
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(C) a magazine that appears at a regular |
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interval, that contains stories, articles, and essays by various |
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writers, and that is of interest to the general public in connection |
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with the dissemination of news or public affairs. |
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(4) "Public or private institution of higher |
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education" means: |
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(A) an institution of higher education, as |
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defined by Section 61.003, Education Code; or |
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(B) a private or independent institution of |
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higher education, as defined by Section 61.003, Education Code. |
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(5) "Sensitive crime scene image" means a photograph |
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or video recording that depicts a deceased person in a state of |
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dismemberment, decapitation, or similar mutilation or that depicts |
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the deceased person's genitalia. |
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(6) "State agency" means a department, commission, |
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board, office, or other agency that is a part of state government |
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and that is created by the constitution or a statute of this state. |
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The term includes an institution of higher education as defined by |
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Section 61.003, Education Code. |
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Art. 56.152. APPLICABILITY. (a) This subchapter applies |
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to: |
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(1) a state agency; and |
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(2) a local governmental entity. |
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(b) This subchapter applies to any sensitive crime scene |
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image regardless of the date that the image was taken or recorded. |
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Art. 56.153. CONFIDENTIALITY OF SENSITIVE CRIME SCENE |
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IMAGES. (a) A sensitive crime scene image in the custody of a |
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person to whom this subchapter applies is confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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(b) The custodian of a sensitive crime scene image may not |
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permit a person to view or copy the image except as provided by this |
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subchapter. |
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Art. 56.154. RIGHT TO VIEW AND COPY SENSITIVE CRIME SCENE |
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IMAGES. (a) The following persons are entitled to view a sensitive |
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crime scene image of a deceased person: |
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(1) the deceased person's next of kin; |
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(2) a person authorized in writing by the deceased |
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person's next of kin; |
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(3) a defendant being prosecuted for the death of the |
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deceased person or the defendant's attorney or a person convicted |
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of an offense in relation to that death and appealing that |
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conviction or that person's attorney; |
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(4) a bona fide member of the news media who is |
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engaging in a news-gathering activity; and |
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(5) a person performing bona fide research sponsored |
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by a public or private institution of higher education with |
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approval of a supervisor of the research or supervising faculty |
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member. |
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(b) The following persons are entitled to make a copy of a |
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sensitive crime scene image of a deceased person: |
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(1) the deceased person's next of kin; |
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(2) a person authorized in writing by the deceased |
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person's next of kin; |
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(3) a defendant being prosecuted for the death of the |
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deceased person or the defendant's attorney or a person convicted |
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of an offense in relation to that death and appealing that |
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conviction or that person's attorney; |
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(4) a bona fide member of the news media who is |
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engaging in a news-gathering activity, but only in accordance with |
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a court order under Article 56.105; and |
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(5) a person performing bona fide research sponsored |
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by a public or private institution of higher education with |
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approval of a supervisor of the research or supervising faculty |
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member, but only in accordance with a court order under Article |
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56.105. |
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(c) Before releasing a sensitive crime scene image, the |
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custodian of the image shall notify the deceased person's next of |
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kin of the request for the image. The custodian may not release the |
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image before the 14th day after the date the custodian provides the |
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notice. |
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Art. 56.155. COURT ORDER TO AUTHORIZE COPYING OF SENSITIVE |
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CRIME SCENE IMAGES. (a) A person described by Article 56.154(b)(4) |
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or (5) may petition a district court in the county in which the |
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death occurred for permission to copy a sensitive crime scene image |
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of the deceased person. |
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(b) The district court, on a showing of good cause, may: |
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(1) issue the order authorizing the person to copy the |
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sensitive crime scene image; and |
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(2) prescribe any restriction or stipulation relating |
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to the copying or to the use of the copy the court considers |
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necessary or appropriate. |
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(c) A person requesting permission to copy a sensitive crime |
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scene image shall serve a copy of the petition on the deceased |
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person's next of kin not later than the 14th day before the date of a |
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court hearing on the matter. |
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(d) In determining good cause, the court shall: |
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(1) conduct an in camera review of each sensitive |
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crime scene image in question; and |
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(2) consider: |
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(A) whether disclosure of the sensitive crime |
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scene image is necessary for the public evaluation of governmental |
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performance; |
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(B) the seriousness of the intrusion into the |
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right to privacy of the deceased person's family; |
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(C) whether the disclosure is the least intrusive |
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means available; and |
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(D) the availability of similar information in |
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other public records, regardless of form. |
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(e) The copying of a sensitive crime scene image under this |
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subchapter must be under the direct supervision of the custodian of |
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the sensitive crime scene image or a person designated by the |
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custodian. |
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Art. 56.156. APPEAL FROM COURT ORDER. The granting or |
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denial of an order under Article 56.155 may be appealed in the |
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manner provided for other civil proceedings. |
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Art. 56.157. PENALTIES. (a) A person commits an offense if |
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the person: |
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(1) knowingly violates Article 56.153(b); or |
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(2) knowingly violates a court order issued under |
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Article 56.155. |
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(b) An offense under this article is a Class C misdemeanor. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to the disclosure or copying of a crime scene photograph or |
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recording on or after September 1, 2013. |
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(b) The disclosure or copying of a crime scene photograph or |
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recording before September 1, 2013, is covered by the law in effect |
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when the photograph or recording was disclosed or copied, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |