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By: Anderson (Senate Sponsor - Birdwell) |
H.B. No. 4236 |
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(In the Senate - Received from the House May 13, 2019; |
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May 14, 2019, read first time and referred to Committee on Criminal |
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Justice; May 17, 2019, reported favorably by the following vote: |
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Yeas 6, Nays 0; May 17, 2019, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to permitting the viewing of certain body worn camera |
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recordings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.660, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsections (a-1) and |
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[Subsection] (b), a recording created with a body worn camera and |
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documenting an incident that involves the use of deadly force by a |
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peace officer or that is otherwise related to an administrative or |
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criminal investigation of an officer may not be deleted, destroyed, |
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or released to the public until all criminal matters have been |
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finally adjudicated and all related administrative investigations |
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have concluded. |
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(a-1) A law enforcement agency may permit a person who is |
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depicted in a recording of an incident described by Subsection (a) |
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or, if the person is deceased, the person's authorized |
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representative, to view the recording, provided that the law |
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enforcement agency determines that the viewing furthers a law |
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enforcement purpose and provided that any authorized |
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representative who is permitted to view the recording was not a |
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witness to the incident. A person viewing a recording may not |
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duplicate the recording or capture video or audio from the |
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recording. A permitted viewing of a recording under this |
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subsection is not considered to be a release of public information |
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for purposes of Chapter 552, Government Code. |
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SECTION 2. The change in law made by this Act applies to a |
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recording held by a law enforcement agency on or after the effective |
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date of this Act, regardless of whether the recording was created |
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before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2019. |
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