Bill Text: TX HB368 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the duties of a peace officer investigating a family violence allegation or responding to a disturbance call that may involve family violence and the admissibility of certain evidence obtained during that investigation or response.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-04-09 - Withdrawn from schedule [HB368 Detail]
Download: Texas-2015-HB368-Introduced.html
| 84R425 JSC-D | ||
| By: Villalba | H.B. No. 368 | |
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| relating to the duties of a peace officer investigating a family | ||
| violence allegation or responding to a disturbance call that may | ||
| involve family violence and the admissibility of certain evidence | ||
| obtained during that investigation or response. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 5.04, Code of Criminal Procedure, is | ||
| amended by adding Subsections (d), (e), and (f) to read as follows: | ||
| (d) A peace officer who investigates a family violence | ||
| allegation or who responds to a disturbance call that may involve | ||
| family violence shall take a video recording of the officer's | ||
| interactions and conversations with the suspect and any possible | ||
| victim, if a video recorder is available for that purpose from the | ||
| law enforcement agency that employs the officer. If the officer | ||
| obtains the consent of the possible victim or that person's parent | ||
| or legal guardian, if the possible victim is a minor, the officer | ||
| shall take a: | ||
| (1) video recording of any visible physical injury of | ||
| the possible victim; or | ||
| (2) photograph of any visible physical injury of the | ||
| possible victim, if a video recorder is not available for that | ||
| purpose from the law enforcement agency that employs the officer | ||
| but a camera is provided by that agency. | ||
| (e) Evidence obtained under Subsection (d) is admissible in | ||
| any criminal, civil, or administrative proceeding. | ||
| (f) Notwithstanding Rule 801, Texas Rules of Evidence, a | ||
| video recording made under Subsection (d) that contains a statement | ||
| of a witness, including the victim, regarding the alleged offense | ||
| is not inadmissible as hearsay and may be used to prove the truth of | ||
| the matter asserted or to impeach the witness's credibility, if: | ||
| (1) the witness's testimony during a trial, hearing, | ||
| deposition, or other proceeding is inconsistent with the statement; | ||
| and | ||
| (2) at a proceeding that occurred before the witness's | ||
| testimony under Subdivision (1), the witness: | ||
| (A) affirmed under oath the veracity and | ||
| completeness of the statement contained in the video recording; and | ||
| (B) was subject to cross-examination concerning | ||
| the veracity and completeness of the statement. | ||
| SECTION 2. Article 5.05, Code of Criminal Procedure, is | ||
| amended by amending Subsection (a) and adding Subsection (a-3) to | ||
| read as follows: | ||
| (a) A peace officer who investigates a family violence | ||
| incident or who responds to a disturbance call that may involve | ||
| family violence shall make a written report, including but not | ||
| limited to: | ||
| (1) the names of the suspect and complainant; | ||
| (2) the date, time, and location of the incident; | ||
| (3) any visible or reported injuries; | ||
| (4) a description of the incident and a statement of | ||
| its disposition; [ |
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| (5) whether the suspect is a member of the state | ||
| military forces or is serving in the armed forces of the United | ||
| States in an active-duty status; and | ||
| (6) whether the officer took a video recording or | ||
| photograph under Article 5.04(d). | ||
| (a-3) If the peace officer indicates under Subsection | ||
| (a)(6) that the officer has taken a video recording or photograph | ||
| under Article 5.04(d), the officer shall include the recording or | ||
| photograph with the written report described by Subsection (a). | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a peace officer's investigation or response that occurs on or | ||
| after the effective date of this Act. A peace officer's | ||
| investigation or response that occurs before the effective date of | ||
| this Act is governed by the law in effect on the date the | ||
| investigation was conducted or the response was made, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
