| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the release of a body worn camera recording to the |
|
|
subject of that recording. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1701.661(e), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(e) Except as provided by Section 1701.664(f), a [A] law |
|
|
enforcement agency may: |
|
|
(1) seek to withhold information subject to Subsection |
|
|
(d) in accordance with procedures provided by Section 552.301, |
|
|
Government Code; |
|
|
(2) assert any exceptions to disclosure in Chapter |
|
|
552, Government Code, or other law; or |
|
|
(3) release information requested in accordance with |
|
|
Subsection (a) or Section 1701.664 after the agency redacts any |
|
|
information made confidential under Chapter 552, Government Code, |
|
|
or other law. |
|
|
SECTION 2. Subchapter N, Chapter 1701, Occupations Code, is |
|
|
amended by adding Section 1701.664 to read as follows: |
|
|
Sec. 1701.664. RELEASE OF INFORMATION CAPTURED BY BODY WORN |
|
|
CAMERA TO SUBJECT OF RECORDING. (a) In this section, "family |
|
|
member" means a person related to another person within the third |
|
|
degree by consanguinity or affinity, as described by Subchapter B, |
|
|
Chapter 573, Government Code, except that the term does not include |
|
|
a person who is considered to be related to another person by |
|
|
affinity only as described by Section 573.024(b), Government Code. |
|
|
(b) If a person is the subject of a recording captured by a |
|
|
body worn camera, the person, the person's representative, or the |
|
|
person's family member acting at the request or on behalf of the |
|
|
person is entitled, on written request, to obtain a copy of that |
|
|
recording. |
|
|
(c) On receipt of the written request under Subsection (b), |
|
|
the applicable law enforcement agency in possession of the original |
|
|
recording, not later than the 30th day after the date the recording |
|
|
is made, or the 10th day after the date the request is received, |
|
|
whichever is later, shall: |
|
|
(1) release the copy of the recording; or |
|
|
(2) respond in writing with the reasons for declining |
|
|
to release the recording. |
|
|
(d) If the law enforcement agency notifies the requesting |
|
|
party that the agency declines to release the recording, releases a |
|
|
redacted recording, releases only a portion of the recording, or |
|
|
fails to respond to the written request within the period specified |
|
|
under Subsection (c), the person, the person's representative, or |
|
|
the person's family member, as applicable, may file a petition for |
|
|
the release of the recording. |
|
|
(e) If a criminal action is pending and the recording |
|
|
contains evidence relevant to that proceeding, the petition |
|
|
described by Subsection (d) must be filed with the court in which |
|
|
the case is pending. If a criminal action is not pending, the |
|
|
petition may be filed in the district court in the county in which |
|
|
the recording was made or the law enforcement agency is located. |
|
|
(f) A law enforcement agency may not assert that the |
|
|
requested recording is exempt under Section 552.108, Government |
|
|
Code, because of an ongoing investigation into the incident |
|
|
captured in the recording in which the person who is the subject of |
|
|
the recording is the perpetrator or victim. The agency may perform |
|
|
any action permitted by Section 1701.661(e) with respect to a |
|
|
recording or part of a recording that is made confidential by law |
|
|
for another reason. |
|
|
(g) A court shall determine, after notice, hearing, and an |
|
|
in camera review of the recording, whether to release the recording |
|
|
or any part of the recording to the petitioner. The court shall make |
|
|
a determination under this subsection not later than the 10th day |
|
|
after the date the petition is filed. |
|
|
(h) A recording or any part of a recording released under |
|
|
this section may only be used or disclosed as evidence in a |
|
|
criminal, civil, or administrative proceeding. A person who |
|
|
discloses the recording or any part of the recording for purposes |
|
|
other than those permitted under this subsection is subject to |
|
|
punishment for contempt. |
|
|
SECTION 3. The change in law made by this Act applies to a |
|
|
request made on or after the effective date of this Act, regardless |
|
|
of whether the applicable recording was created before, on, or |
|
|
after that date. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |