Bill Text: TX HB474 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to requiring certain law enforcement officers to wear body worn cameras.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-04-09 - Left pending in committee [HB474 Detail]
Download: Texas-2015-HB474-Introduced.html
| 84R3826 JSC-D | ||
| By: Reynolds | H.B. No. 474 | |
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| relating to requiring certain law enforcement officers to wear body | ||
| worn cameras. | ||
| 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 CAMERAS | ||
| 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. BODY WORN CAMERAS REQUIRED FOR CERTAIN | ||
| OFFICERS. (a) A law enforcement agency in this state shall equip | ||
| with body worn cameras all 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. | ||
| (b) A law enforcement agency that is not able to equip all | ||
| officers described by Subsection (a) with body worn cameras because | ||
| it would cause financial hardship shall submit to the department an | ||
| annual report that: | ||
| (1) states that the agency lacks the money to equip | ||
| with body worn cameras all officers who are required to wear a | ||
| camera; and | ||
| (2) includes both the number of cameras in use by the | ||
| agency and the number of cameras required under Subsection (a). | ||
| (c) A law enforcement agency is not required to equip all | ||
| officers described by Subsection (a) with body worn cameras until | ||
| the agency receives the necessary money. The agency is required to | ||
| comply with this subchapter with respect to any body worn cameras | ||
| the agency possesses. | ||
| Sec. 411.443. RECORDING INTERACTIONS WITH THE PUBLIC. Each | ||
| officer equipped with a body worn camera shall: | ||
| (1) activate the camera when responding to calls for | ||
| assistance and when performing other law enforcement activities, | ||
| including traffic stops, pursuits, arrests, searches, or | ||
| interrogations; and | ||
| (2) if practicable, before engaging with a person who | ||
| will be recorded, provide the person with verbal notice of the | ||
| recording. | ||
| Sec. 411.444. RECORDINGS AS EVIDENCE. (a) A recording | ||
| created with a body worn camera and documenting an incident that is | ||
| the subject of an investigation or complaint may not be deleted or | ||
| destroyed before the completion of the investigation into the | ||
| incident or the final disposition of the complaint regarding the | ||
| incident. | ||
| (b) A recording that is not required to be retained under | ||
| Subsection (a) shall be deleted or destroyed as soon as practicable | ||
| after the 180th day after the date the recording is made. | ||
| (c) A recording made by a body worn camera under this | ||
| subchapter is public information subject to Chapter 552. | ||
| SECTION 2. Not later than September 1, 2016, a law | ||
| enforcement agency shall: | ||
| (1) equip with body worn cameras all officers required | ||
| to wear the cameras under Section 411.442(a), Government Code, as | ||
| added by this Act; or | ||
| (2) submit the report required by Section 411.442(b), | ||
| Government Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
