Bill Text: TX SB158 | 2015-2016 | 84th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to a body worn camera program for certain law enforcement agencies in this state; creating a criminal offense; authorizing a fee.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB158 Detail]

Download: Texas-2015-SB158-Introduced.html

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84R2663 JSC-F
By: West S.B. No. 158

A BILL TO BE ENTITLED
AN ACT
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.