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A BILL TO BE ENTITLED
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AN ACT
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relating to a body worn camera program for certain law enforcement |
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agencies in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. BODY WORN CAMERA PROGRAM |
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Sec. 411.441. DEFINITION. In this subchapter, "body worn |
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camera" means a recording device that is: |
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(1) capable of recording, or transmitting to be |
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recorded remotely, video or audio; and |
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(2) worn on the person of a peace officer, which |
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includes being attached to the officer's clothing or worn as |
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glasses. |
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Sec. 411.442. GRANTS FOR BODY WORN CAMERAS. A law |
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enforcement agency in this state shall apply to the department for a |
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grant to equip officers with body worn cameras if the agency employs |
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officers who: |
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(1) are engaged in traffic or highway patrol or |
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otherwise regularly stop or detain motor vehicles; or |
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(2) respond to calls for assistance from the public. |
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Sec. 411.443. BODY WORN CAMERA POLICY. (a) A law |
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enforcement agency that receives a grant from the department to |
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provide body worn cameras to its officers or that otherwise |
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operates a body worn camera program shall adopt a policy for the use |
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of body worn cameras. |
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(b) A policy described by Subsection (a) must include: |
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(1) guidelines for when an officer should activate a |
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camera or discontinue a recording currently in progress, |
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considering the need for privacy in certain situations; and |
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(2) provisions relating to data retention, storage of |
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video and audio, creation of backup copies of the video and audio, |
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and maintenance of data security. |
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(c) A policy adopted under this section must be consistent |
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with the Federal Rules of Evidence and Texas Rules of Evidence. |
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Sec. 411.444. TRAINING. (a) Before a law enforcement |
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agency may operate a body worn camera program, the agency must |
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provide training to: |
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(1) officers who will wear the body worn cameras; and |
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(2) any other personnel who will come into contact |
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with video and audio data obtained from the use of body worn |
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cameras. |
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(b) The department, in consultation with the Texas |
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Commission on Law Enforcement, the Bill Blackwood Law Enforcement |
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Management Institute of Texas, the W. W. Caruth, Jr., Police |
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Institute at Dallas, and the Texas Police Chiefs Association, shall |
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develop the curriculum for a training program under this section. |
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Sec. 411.445. RECORDING INTERACTIONS WITH THE PUBLIC. (a) |
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An officer equipped with a body worn camera shall activate the |
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camera when responding to calls for assistance and when performing |
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other law enforcement activities, including traffic stops, |
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pursuits, arrests, searches, or interrogations, unless activation |
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of the camera would be unsafe, unrealistic, or impracticable. |
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(b) An officer equipped with a body worn camera may choose |
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not to activate a camera or may choose to discontinue a recording |
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currently in progress for any nonconfrontational encounter with a |
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person, including an interview of a witness or victim. |
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Sec. 411.446. PROHIBITED ACTS. (a) An officer on duty may |
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not use a body worn camera that is not issued and maintained by the |
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law enforcement agency that employs the officer. |
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(b) A person may not tamper with, delete, or make an |
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unauthorized copy of data obtained through the use of a body worn |
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camera under this subchapter. |
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(c) A person may not release a recording created with a body |
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worn camera under this subchapter unless the person first obtains |
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the permission of the applicable law enforcement agency. |
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Sec. 411.447. RECORDINGS AS EVIDENCE. A recording created |
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with a body worn camera and documenting an incident that involves |
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the use of deadly force or that is otherwise the subject of an |
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investigation may not be deleted or destroyed or released to the |
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public before the completion of the investigation into the |
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incident. |
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Sec. 411.448. RIGHTS OF OFFICERS. An officer is entitled to |
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access any recording of an incident involving the officer before |
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making a statement about the incident. |
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SECTION 2. (a) The Department of Public Safety, in |
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consultation with the Texas Commission on Law Enforcement, the Bill |
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Blackwood Law Enforcement Management Institute of Texas, the W. W. |
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Caruth, Jr., Police Institute at Dallas, and the Texas Police |
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Chiefs Association, shall develop the curriculum for the training |
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program required under Section 411.444, Government Code, as added |
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by this Act, not later than January 1, 2016. |
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(b) A law enforcement agency that is operating a body worn |
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camera program on the effective date of this Act shall develop and |
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implement the policy required under Section 411.443, Government |
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Code, as added by this Act, and implement the training program |
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required under Section 411.444, Government Code, as added by this |
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Act, not later than September 1, 2016. |
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SECTION 3. This Act takes effect September 1, 2015. |