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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal offenses involving the filming, recording, |
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photographing, documenting, or observing of a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.15(c), Penal Code, is amended to read |
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as follows: |
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(c) It is a defense to prosecution under Subsection (a)(1) |
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that the conduct engaged in by the defendant: |
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(1) was intended to warn a person operating a motor |
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vehicle of the presence of a peace officer who was enforcing |
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Subtitle C, Title 7, Transportation Code; or |
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(2) consisted only of filming, recording, |
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photographing, documenting, or observing a peace officer and if any |
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lawful orders by a peace officer to change proximity or position |
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were obeyed. |
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SECTION 2. Section 542.501, Transportation Code, is amended |
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to read as follows: |
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Sec. 542.501. OBEDIENCE REQUIRED TO PEACE [POLICE] OFFICERS |
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AND TO SCHOOL CROSSING GUARDS. (a) A person may not wilfully fail |
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or refuse to comply with a lawful order or direction of: |
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(1) a peace [police] officer; or |
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(2) a school crossing guard who: |
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(A) is performing crossing guard duties in a |
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school crosswalk to stop and yield to a pedestrian; or |
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(B) has been trained under Section 600.004 and is |
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directing traffic in a school crossing zone. |
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(b) Subsection (a)(1) does not apply to an order or |
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direction to cease filming, recording, photographing, documenting, |
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or observing a peace officer while the officer is engaged in the |
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performance of official duties. An officer may give an order or |
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direction to change a person's proximity or position. |
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SECTION 3. Section 37.09, Penal Code, is amended to read as |
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follows: |
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Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL |
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EVIDENCE. (a) A person commits an offense if, knowing that an |
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investigation or official proceeding is pending or in progress, he: |
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(1) alters, destroys, or conceals any record, |
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document, or thing with intent to impair its verity, legibility, or |
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availability as evidence in the investigation or official |
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proceeding; or |
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(2) makes, presents, or uses any record, document, or |
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thing with knowledge of its falsity and with intent to affect the |
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course or outcome of the investigation or official proceeding. |
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(b) This section shall not apply if the record, document, or |
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thing concealed is privileged or is the work product of the parties |
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to the investigation or official proceeding. |
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(c) An offense under Subsection (a), [or] Subsection |
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(d)(1), or Subsection (d)(3) is a felony of the third degree, unless |
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the thing altered, destroyed, or concealed is a human corpse, in |
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which case the offense is a felony of the second degree. An offense |
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under Subsection (d)(2) is a Class A misdemeanor. |
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(c-1) It is a defense to prosecution under Subsection (a), |
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[or] (d)(1), or (d)(3) that the record, document, or thing was |
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visual material prohibited under Section 43.261 that was destroyed |
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as described by Subsection (f)(3)(B) of that section. |
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(d) A person commits an offense if the person: |
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(1) knowing that an offense has been committed, |
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alters, destroys, or conceals any record, document, or thing with |
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intent to impair its verity, legibility, or availability as |
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evidence in any subsequent investigation of or official proceeding |
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related to the offense; [or] |
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(2) observes a human corpse under circumstances in |
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which a reasonable person would believe that an offense had been |
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committed, knows or reasonably should know that a law enforcement |
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agency is not aware of the existence of or location of the corpse, |
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and fails to report the existence of and location of the corpse to a |
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law enforcement agency[.]; or |
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(3) is a law enforcement officer or employee of a law |
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enforcement agency and, after taking possession or custody of |
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another person's audio, video or photographic recording of police |
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operations, alters, destroys, or conceals that recording without |
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the written consent of the owner. |
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(e) In this section, "human corpse" has the meaning assigned |
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by Section 42.08. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, Section 38.15, Penal Code, and Section 542.501, |
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Transportation Code, as amended by this Act, apply to the |
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prosecution of an offense under one of those sections commenced |
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before, on, or after the effective date of this Act. |
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(b) A final conviction for an offense under Section 38.15, |
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Penal Code, or Section 542.501, Transportation Code, that exists on |
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the effective date of this Act is unaffected by this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |