84R425 JSC-D

By: Villalba H.B. No. 368

A BILL TO BE ENTITLED

AN ACT

relating to the duties of a peace officer investigating a family violence allegation or responding to a disturbance call that may involve family violence and the admissibility of certain evidence obtained during that investigation or response.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 5.04, Code of Criminal Procedure, is amended by adding Subsections (d), (e), and (f) to read as follows:

(d) A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall take a video recording of the officer's interactions and conversations with the suspect and any possible victim, if a video recorder is available for that purpose from the law enforcement agency that employs the officer. If the officer obtains the consent of the possible victim or that person's parent or legal guardian, if the possible victim is a minor, the officer shall take a:

(1) video recording of any visible physical injury of the possible victim; or

(2) photograph of any visible physical injury of the possible victim, if a video recorder is not available for that purpose from the law enforcement agency that employs the officer but a camera is provided by that agency.

(e) Evidence obtained under Subsection (d) is admissible in any criminal, civil, or administrative proceeding.

(f) Notwithstanding Rule 801, Texas Rules of Evidence, a video recording made under Subsection (d) that contains a statement of a witness, including the victim, regarding the alleged offense is not inadmissible as hearsay and may be used to prove the truth of the matter asserted or to impeach the witness's credibility, if:

(1) the witness's testimony during a trial, hearing, deposition, or other proceeding is inconsistent with the statement; and

(2) at a proceeding that occurred before the witness's testimony under Subdivision (1), the witness:

(A) affirmed under oath the veracity and completeness of the statement contained in the video recording; and

(B) was subject to cross-examination concerning the veracity and completeness of the statement.

SECTION 2. Article 5.05, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (a-3) to read as follows:

(a) A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to:

(1) the names of the suspect and complainant;

(2) the date, time, and location of the incident;

(3) any visible or reported injuries;

(4) a description of the incident and a statement of its disposition; [and]

(5) whether the suspect is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status; and

(6) whether the officer took a video recording or photograph under Article 5.04(d).

(a-3) If the peace officer indicates under Subsection (a)(6) that the officer has taken a video recording or photograph under Article 5.04(d), the officer shall include the recording or photograph with the written report described by Subsection (a).

SECTION 3. The change in law made by this Act applies only to a peace officer's investigation or response that occurs on or after the effective date of this Act. A peace officer's investigation or response that occurs before the effective date of this Act is governed by the law in effect on the date the investigation was conducted or the response was made, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2015.