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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) Except as provided by Subsections (c) and (d), the |
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following persons are entitled to view a sensitive crime scene |
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image: |
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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) Except as provided by Subsections (c) and (d), the |
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following persons are entitled to make a copy of a sensitive crime |
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scene image: |
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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 an offense in |
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which the death of the deceased person is relevant to an element of |
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the offense or a defense to the offense or the defendant's attorney, |
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or a person appealing a conviction of an offense in which that death |
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is relevant to the appeal 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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(c) The custodian of a sensitive crime scene image shall |
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notify the deceased person's next of kin of a request for the image |
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from a person described by Subsection (a)(4), (a)(5), (b)(4), or |
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(b)(5) not later than the 14th business day after the date the |
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custodian receives the request. The custodian may not release the |
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image before the 30th business day after the date the custodian |
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provides the notice. If the deceased person's next of kin objects |
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to the release of the image before that date, the custodian may not |
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release the image. |
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(d) The custodian of a sensitive crime scene image may |
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refuse to release the image if the image is held by a law |
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enforcement agency or prosecutor and is information that would be |
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excepted from the requirements of Section 552.021, Government Code, |
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under Section 552.108, Government Code. |
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(e) The custodian of a sensitive crime scene image may |
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release the image to a law enforcement agency or other state agency |
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or local governmental entity for the purposes of investigating or |
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prosecuting a crime. |
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Art. 56.155. PENALTIES. (a) A person commits an offense |
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if the person knowingly violates Article 56.153(b). |
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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. |
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* * * * * |