| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a law enforcement policy regarding a peace officer |
|
|
accessing a recording from the officer's body worn camera. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1701.655(b), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(b) A policy described by Subsection (a) must ensure that a |
|
|
body worn camera is activated only for a law enforcement purpose and |
|
|
must include: |
|
|
(1) guidelines for when a peace officer should |
|
|
activate a camera or discontinue a recording currently in progress, |
|
|
considering the need for privacy in certain situations and at |
|
|
certain locations; |
|
|
(2) provisions relating to data retention, including a |
|
|
provision requiring the retention of video for a minimum period of |
|
|
90 days; |
|
|
(3) provisions relating to storage of video and audio, |
|
|
creation of backup copies of the video and audio, and maintenance of |
|
|
data security; |
|
|
(4) guidelines for public access, through open records |
|
|
requests, to recordings that are public information; |
|
|
(5) provisions entitling an officer to access, before |
|
|
the officer is required to make any statement about the incident, a |
|
|
[any] recording of an incident involving the officer and made with |
|
|
the officer's camera [before the officer is required to make a
|
|
|
statement about the incident]; |
|
|
(6) procedures for supervisory or internal review; and |
|
|
(7) the handling and documenting of equipment and |
|
|
malfunctions of equipment. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, each law enforcement agency in this state required to |
|
|
adopt a policy under Section 1701.655, Occupations Code, as amended |
|
|
by this Act, shall update that policy to reflect the change in law |
|
|
made by this Act. |
|
|
SECTION 3. 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, 2019. |