Bill Text: TX SB332 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to preventing racial profiling and to video and audio equipment and recordings of certain law enforcement motor vehicle stops; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-26 - Left pending in committee [SB332 Detail]
Download: Texas-2019-SB332-Introduced.html
86R1440 JSC-D | ||
By: West | S.B. No. 332 |
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relating to preventing racial profiling and to video and audio | ||
equipment and recordings of certain law enforcement motor vehicle | ||
stops; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.131, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer | ||
may not engage in an act of racial profiling, as defined by the | ||
written policy required by Article 2.132(b) and adopted by the law | ||
enforcement agency employing the officer. | ||
SECTION 2. Article 2.132, Code of Criminal Procedure, is | ||
amended by amending Subsection (d) and adding Subsection (d-1) to | ||
read as follows: | ||
(d) On adoption of a policy under Subsection (b), a law | ||
enforcement agency shall examine the feasibility of installing | ||
video camera and transmitter-activated equipment in each agency law | ||
enforcement motor vehicle regularly used to make motor vehicle | ||
stops and transmitter-activated equipment in each agency law | ||
enforcement motorcycle regularly used to make motor vehicle stops. | ||
The agency also shall examine the feasibility of equipping each | ||
peace officer who regularly detains or stops motor vehicles with a | ||
body worn camera, as that term is defined by Section 1701.651, | ||
Occupations Code. If a law enforcement agency installs video or | ||
audio equipment or equips peace officers with body worn cameras as | ||
provided by this subsection, the policy adopted by the agency under | ||
Subsection (b) must include: | ||
(1) guidelines for when a peace officer should | ||
activate the camera or other equipment or discontinue a recording | ||
currently in progress; | ||
(2) provisions relating to data retention, including a | ||
provision requiring the retention of [ |
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video and audio recordings for a minimum period of 90 days; | ||
(3) provisions relating to storage of video and audio | ||
recordings, creation of backup copies of the recordings, and | ||
maintenance of data security; | ||
(4) guidelines for public access, through open records | ||
requests, to recordings that are public information; | ||
(5) procedures for supervisory or internal review; and | ||
(6) the handling and documenting of equipment and | ||
malfunctions of equipment [ |
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(d-1) A policy adopted under this article must be consistent | ||
with the Federal Rules of Evidence and Texas Rules of Evidence. | ||
SECTION 3. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Articles 2.1325, 2.13851, 2.13852, 2.13853, | ||
2.13854, and 2.13855 to read as follows: | ||
Art. 2.1325. RECORDING INTERACTIONS WITH THE PUBLIC. (a) | ||
In this article, "motor vehicle stop" has the meaning assigned by | ||
Article 2.132(a). | ||
(b) A peace officer who uses a law enforcement motor vehicle | ||
or motorcycle equipped with video or audio equipment described by | ||
Article 2.132(d) shall act in a manner that is consistent with the | ||
policy of the law enforcement agency that employs the officer with | ||
respect to when and under what circumstances the equipment must be | ||
activated. | ||
(c) A peace officer who does not activate video or audio | ||
equipment in response to a call for assistance or on making a motor | ||
vehicle stop must include in the officer's incident report or | ||
otherwise note in the case file or record the reason for not | ||
activating the equipment. | ||
(d) Any justification for failing to activate the equipment | ||
because it is unsafe, unrealistic, or impracticable is based on | ||
whether a reasonable officer under the same or similar | ||
circumstances would have made the same decision. | ||
Art. 2.13851. RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW | ||
ENFORCEMENT OFFICER. (a) Except as provided by Subsection (b), a | ||
video or audio recording under Article 2.1325 documenting an | ||
incident that involves the use of deadly force by a peace officer or | ||
that is otherwise related to an administrative or criminal | ||
investigation of an officer may not be deleted, destroyed, or | ||
released to the public until all criminal matters have been finally | ||
adjudicated and all related administrative investigations have | ||
concluded. | ||
(b) A law enforcement agency may release to the public a | ||
recording described by Subsection (a) if the law enforcement agency | ||
determines that the release furthers a law enforcement purpose. | ||
(c) This article does not affect the authority of a law | ||
enforcement agency to withhold under Section 552.108, Government | ||
Code, information related to a closed criminal investigation that | ||
did not result in a conviction or a grant of deferred adjudication | ||
community supervision. | ||
Art. 2.13852. RELEASE OF VIDEO OR AUDIO RECORDING. (a) A | ||
member of the public is required to provide the following | ||
information when submitting a written request to a law enforcement | ||
agency for a video or audio recording under Article 2.1325: | ||
(1) the date and approximate time of the recording; | ||
(2) the specific location where the recording | ||
occurred; and | ||
(3) the name of one or more persons known to be a | ||
subject of the recording. | ||
(b) A failure to provide all of the information required by | ||
Subsection (a) to be part of a request for a recording does not | ||
preclude the requestor from making a future request for the same | ||
recording. | ||
(c) Except as provided by Subsection (d), a recording | ||
described by Subsection (a) that is held by a law enforcement agency | ||
is not subject to the requirements of Section 552.021, Government | ||
Code. | ||
(d) A recording that is or could be used as evidence in a | ||
criminal prosecution is subject to the requirements of Section | ||
552.021, Government Code. | ||
(e) A law enforcement agency may: | ||
(1) seek to withhold a recording subject to Subsection | ||
(d) in accordance with procedures provided by Section 552.301, | ||
Government Code; | ||
(2) assert any exceptions to disclosure in Chapter | ||
552, Government Code, or other law; or | ||
(3) release a recording requested in accordance with | ||
Subsection (a) after the agency redacts any information made | ||
confidential under Chapter 552, Government Code, or other law. | ||
(f) The attorney general shall set a proposed fee to be | ||
charged to members of the public who seek to obtain a copy of a | ||
recording under this article. The fee amount must be sufficient to | ||
cover the cost of reviewing and making the recording. A law | ||
enforcement agency may provide a copy without charge or at a reduced | ||
charge if the agency determines that waiver or reduction of the | ||
charge is in the public interest. | ||
(g) A recording is confidential and excepted from the | ||
requirements of Chapter 552, Government Code, if the recording: | ||
(1) was not required to be made under law or under a | ||
policy adopted by the appropriate law enforcement agency; and | ||
(2) does not relate to a law enforcement purpose. | ||
Art. 2.13853. VIDEO AND AUDIO RECORDINGS; REQUEST FOR | ||
ATTORNEY GENERAL DECISION. (a) Notwithstanding Section | ||
552.301(b), Government Code, a governmental body's request for a | ||
decision from the attorney general about whether a requested | ||
recording under Article 2.1325 falls within an exception to public | ||
disclosure is considered timely if made not later than the 20th | ||
business day after the date of receipt of the written request. | ||
(b) Notwithstanding Section 552.301(d), Government Code, a | ||
governmental body's response to a requestor regarding a requested | ||
recording is considered timely if made not later than the 20th | ||
business day after the date of receipt of the written request. | ||
(c) Notwithstanding Section 552.301(e), Government Code, a | ||
governmental body's submission to the attorney general of the | ||
information required by that subsection regarding a requested | ||
recording is considered timely if made not later than the 25th | ||
business day after the date of receipt of the written request. | ||
(d) Notwithstanding Section 552.301(e-1), Government Code, | ||
a governmental body's submission to a requestor of the information | ||
required by that subsection regarding a requested recording is | ||
considered timely if made not later than the 25th business day after | ||
the date of receipt of the written request. | ||
Art. 2.13854. PRODUCTION OF VIDEO OR AUDIO RECORDING IN | ||
RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a) | ||
Notwithstanding Section 552.221(d), Government Code, an officer | ||
for public information who is employed by a governmental body and | ||
who in accordance with Article 2.13853 receives a voluminous | ||
request for recordings under Article 2.1325 is considered to have | ||
promptly produced the information for purposes of Section 552.221, | ||
Government Code, if the officer takes the actions required under | ||
that section before the 21st business day after the date of receipt | ||
of the written request. | ||
(b) For purposes of this article, "voluminous request" | ||
includes: | ||
(1) a request for recordings from more than five | ||
separate incidents; | ||
(2) more than five separate requests for recordings | ||
from the same person in a 24-hour period, regardless of the number | ||
of incidents included in each request; or | ||
(3) a request or multiple requests from the same | ||
person in a 24-hour period for recordings that, taken together, | ||
constitute more than five total hours of video or audio recordings. | ||
Art. 2.13855. OFFENSE. (a) A peace officer or other | ||
employee of a law enforcement agency commits an offense if the | ||
officer or employee releases without permission of the applicable | ||
law enforcement agency a recording. | ||
(b) An offense under this article is a Class A misdemeanor. | ||
SECTION 4. (a) A law enforcement agency operating video or | ||
audio equipment on the effective date of this Act may submit any | ||
existing policy of the agency regarding the use of the equipment to | ||
the Texas Commission on Law Enforcement to determine whether the | ||
policy complies with Article 2.132(d), Code of Criminal Procedure, | ||
as amended by this Act. | ||
(b) Notwithstanding Article 2.132(d), Code of Criminal | ||
Procedure, as amended by this Act, a law enforcement agency | ||
operating video or audio equipment on the effective date of this Act | ||
is not required to adopt or implement a policy that complies with | ||
that article before September 1, 2020. | ||
(c) Articles 2.13851, 2.13852, 2.13853, 2.13854, and | ||
2.13855, Code of Criminal Procedure, as added by this Act, apply to | ||
a release of a recording on or after the effective date of this Act, | ||
regardless of whether the incident that is the subject of the | ||
recording occurred before, on, or after the effective date of this | ||
Act. | ||
SECTION 5. This Act takes effect September 1, 2019. |