84R2663 JSC-F

By: Johnson H.B. No. 455

A BILL TO BE ENTITLED

AN ACT

relating to a body worn camera program for certain law enforcement agencies in this state.

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

SECTION 1. Chapter 411, Government Code, is amended by adding Subchapter P to read as follows:

SUBCHAPTER P. BODY WORN CAMERA PROGRAM

Sec. 411.441. DEFINITION. In this subchapter, "body worn camera" means a recording device that is:

(1) capable of recording, or transmitting to be recorded remotely, video or audio; and

(2) worn on the person of a peace officer, which includes being attached to the officer's clothing or worn as glasses.

Sec. 411.442. GRANTS FOR BODY WORN CAMERAS. A law enforcement agency in this state shall apply to the department for a grant to equip officers with body worn cameras if the agency employs officers who:

(1) are engaged in traffic or highway patrol or otherwise regularly stop or detain motor vehicles; or

(2) respond to calls for assistance from the public.

Sec. 411.443. BODY WORN CAMERA POLICY. (a) A law enforcement agency that receives a grant from the department to provide body worn cameras to its officers or that otherwise operates a body worn camera program shall adopt a policy for the use of body worn cameras.

(b) A policy described by Subsection (a) must include:

(1) guidelines for when an officer should activate a camera or discontinue a recording currently in progress, considering the need for privacy in certain situations; and

(2) provisions relating to data retention, storage of video and audio, creation of backup copies of the video and audio, and maintenance of data security.

(c) A policy adopted under this section must be consistent with the Federal Rules of Evidence and Texas Rules of Evidence.

Sec. 411.444. TRAINING. (a) Before a law enforcement agency may operate a body worn camera program, the agency must provide training to:

(1) officers who will wear the body worn cameras; and

(2) any other personnel who will come into contact with video and audio data obtained from the use of body worn cameras.

(b) The department, in consultation with the Texas Commission on Law Enforcement, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association, shall develop the curriculum for a training program under this section.

Sec. 411.445. RECORDING INTERACTIONS WITH THE PUBLIC. (a) An officer equipped with a body worn camera shall activate the camera when responding to calls for assistance and when performing other law enforcement activities, including traffic stops, pursuits, arrests, searches, or interrogations, unless activation of the camera would be unsafe, unrealistic, or impracticable.

(b) An officer equipped with a body worn camera may choose not to activate a camera or may choose to discontinue a recording currently in progress for any nonconfrontational encounter with a person, including an interview of a witness or victim.

Sec. 411.446. PROHIBITED ACTS. (a) An officer on duty may not use a body worn camera that is not issued and maintained by the law enforcement agency that employs the officer.

(b) A person may not tamper with, delete, or make an unauthorized copy of data obtained through the use of a body worn camera under this subchapter.

(c) A person may not release a recording created with a body worn camera under this subchapter unless the person first obtains the permission of the applicable law enforcement agency.

Sec. 411.447. RECORDINGS AS EVIDENCE. A recording created with a body worn camera and documenting an incident that involves the use of deadly force or that is otherwise the subject of an investigation may not be deleted or destroyed or released to the public before the completion of the investigation into the incident.

Sec. 411.448. RIGHTS OF OFFICERS. An officer is entitled to access any recording of an incident involving the officer before making a statement about the incident.

SECTION 2. (a) The Department of Public Safety, in consultation with the Texas Commission on Law Enforcement, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association, shall develop the curriculum for the training program required under Section 411.444, Government Code, as added by this Act, not later than January 1, 2016.

(b) A law enforcement agency that is operating a body worn camera program on the effective date of this Act shall develop and implement the policy required under Section 411.443, Government Code, as added by this Act, and implement the training program required under Section 411.444, Government Code, as added by this Act, not later than September 1, 2016.

SECTION 3. This Act takes effect September 1, 2015.