Bill Text: TX SB1770 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to an exception to required disclosure under the public information law for certain electronic information held by a prosecutor, law enforcement agency, or corrections agency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-20 - Referred to Criminal Justice [SB1770 Detail]

Download: Texas-2023-SB1770-Introduced.html

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88R6013 BEF-D
By: King S.B. No. 1770

A BILL TO BE ENTITLED
AN ACT
relating to an exception to required disclosure under the public
information law for certain electronic information held by a
prosecutor, law enforcement agency, or corrections agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.1082 to read as follows:
Sec. 552.1082. EXCEPTION: CERTAIN ELECTRONIC INFORMATION
HELD BY PROSECUTOR, LAW ENFORCEMENT AGENCY, OR CORRECTIONS AGENCY.
(a) Information held by a prosecutor, law enforcement agency, or
corrections agency is excepted from the requirements of Section
552.021 if the information:
(1) was obtained, or is a copy of information
obtained, from:
(A) an electronic communication device;
(B) a computer, tablet, or other similar device;
or
(C) a disk, flash drive, or other electronic
storage device;
(2) was obtained by any prosecutor, law enforcement
agency, or corrections agency:
(A) during the course of the detection,
investigation, or prosecution of a crime; or
(B) in a manner related to the detection,
investigation, or prosecution of a crime; and
(3) was not written or produced by a prosecutor, law
enforcement agency, or corrections agency.
(b) Subject to Subsection (c), a governmental body may
redact information described by Subsection (a) from any information
the governmental body discloses under Section 552.021 without the
necessity of requesting a decision from the attorney general under
Subchapter G.
(c) A governmental body that redacts or withholds
information under Subsection (b) shall provide a written notice to
the requestor:
(1) stating that information is being withheld from
the requestor as provided by this section;
(2) identifying the device described by Subsection
(a)(1) from which the information was obtained; and
(3) including, if known, the name of the person who
owned or possessed the device from which the information was
obtained at the time the device was obtained by a prosecutor, law
enforcement agency, or corrections agency.
SECTION 2. The change in law made by this Act applies only
to a request for public information received by the attorney
general under Chapter 552, Government Code, on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.