Bill Text: TX HB455 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a body worn camera program for certain law enforcement agencies in this state.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2015-04-09 - Withdrawn from schedule [HB455 Detail]
Download: Texas-2015-HB455-Introduced.html
| 84R2663 JSC-F | ||
| By: Johnson | H.B. No. 455 | |
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| relating to a body worn camera program for certain law enforcement | ||
| agencies in this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 411, Government Code, is amended by | ||
| adding Subchapter P to read as follows: | ||
| SUBCHAPTER P. BODY WORN CAMERA PROGRAM | ||
| Sec. 411.441. DEFINITION. In this subchapter, "body worn | ||
| camera" means a recording device that is: | ||
| (1) capable of recording, or transmitting to be | ||
| recorded remotely, video or audio; and | ||
| (2) worn on the person of a peace officer, which | ||
| includes being attached to the officer's clothing or worn as | ||
| glasses. | ||
| Sec. 411.442. GRANTS FOR BODY WORN CAMERAS. A law | ||
| enforcement agency in this state shall apply to the department for a | ||
| grant to equip officers with body worn cameras if the agency employs | ||
| officers who: | ||
| (1) are engaged in traffic or highway patrol or | ||
| otherwise regularly stop or detain motor vehicles; or | ||
| (2) respond to calls for assistance from the public. | ||
| Sec. 411.443. BODY WORN CAMERA POLICY. (a) A law | ||
| enforcement agency that receives a grant from the department to | ||
| provide body worn cameras to its officers or that otherwise | ||
| operates a body worn camera program shall adopt a policy for the use | ||
| of body worn cameras. | ||
| (b) A policy described by Subsection (a) must include: | ||
| (1) guidelines for when an officer should activate a | ||
| camera or discontinue a recording currently in progress, | ||
| considering the need for privacy in certain situations; and | ||
| (2) provisions relating to data retention, storage of | ||
| video and audio, creation of backup copies of the video and audio, | ||
| and maintenance of data security. | ||
| (c) A policy adopted under this section must be consistent | ||
| with the Federal Rules of Evidence and Texas Rules of Evidence. | ||
| Sec. 411.444. TRAINING. (a) Before a law enforcement | ||
| agency may operate a body worn camera program, the agency must | ||
| provide training to: | ||
| (1) officers who will wear the body worn cameras; and | ||
| (2) any other personnel who will come into contact | ||
| with video and audio data obtained from the use of body worn | ||
| cameras. | ||
| (b) The department, in consultation with the Texas | ||
| Commission on Law Enforcement, the Bill Blackwood Law Enforcement | ||
| Management Institute of Texas, the W. W. Caruth, Jr., Police | ||
| Institute at Dallas, and the Texas Police Chiefs Association, shall | ||
| develop the curriculum for a training program under this section. | ||
| Sec. 411.445. RECORDING INTERACTIONS WITH THE PUBLIC. (a) | ||
| An officer equipped with a body worn camera shall activate the | ||
| camera when responding to calls for assistance and when performing | ||
| other law enforcement activities, including traffic stops, | ||
| pursuits, arrests, searches, or interrogations, unless activation | ||
| of the camera would be unsafe, unrealistic, or impracticable. | ||
| (b) An officer equipped with a body worn camera may choose | ||
| not to activate a camera or may choose to discontinue a recording | ||
| currently in progress for any nonconfrontational encounter with a | ||
| person, including an interview of a witness or victim. | ||
| Sec. 411.446. PROHIBITED ACTS. (a) An officer on duty may | ||
| not use a body worn camera that is not issued and maintained by the | ||
| law enforcement agency that employs the officer. | ||
| (b) A person may not tamper with, delete, or make an | ||
| unauthorized copy of data obtained through the use of a body worn | ||
| camera under this subchapter. | ||
| (c) A person may not release a recording created with a body | ||
| worn camera under this subchapter unless the person first obtains | ||
| the permission of the applicable law enforcement agency. | ||
| Sec. 411.447. RECORDINGS AS EVIDENCE. A recording created | ||
| with a body worn camera and documenting an incident that involves | ||
| the use of deadly force or that is otherwise the subject of an | ||
| investigation may not be deleted or destroyed or released to the | ||
| public before the completion of the investigation into the | ||
| incident. | ||
| Sec. 411.448. RIGHTS OF OFFICERS. An officer is entitled to | ||
| access any recording of an incident involving the officer before | ||
| making a statement about the incident. | ||
| SECTION 2. (a) The Department of Public Safety, in | ||
| consultation with the Texas Commission on Law Enforcement, the Bill | ||
| Blackwood Law Enforcement Management Institute of Texas, the W. W. | ||
| Caruth, Jr., Police Institute at Dallas, and the Texas Police | ||
| Chiefs Association, shall develop the curriculum for the training | ||
| program required under Section 411.444, Government Code, as added | ||
| by this Act, not later than January 1, 2016. | ||
| (b) A law enforcement agency that is operating a body worn | ||
| camera program on the effective date of this Act shall develop and | ||
| implement the policy required under Section 411.443, Government | ||
| Code, as added by this Act, and implement the training program | ||
| required under Section 411.444, Government Code, as added by this | ||
| Act, not later than September 1, 2016. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
