Bill Text: TX SB621 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to criminal offenses involving, and governmental liability for retaliatory prosecutions associated with, the filming, recording, photographing, documenting, or observing of a peace officer.
Sponsorship: Slight Partisan Bill (Democrat 10-6)
Status: (Introduced - Dead) 2015-04-27 - Co-author authorized [SB621 Detail]
Download: Texas-2015-SB621-Introduced.html
| 84R5592 MEW-D | ||
| By: Estes | S.B. No. 621 | |
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| relating to criminal offenses involving, and governmental | ||
| liability for retaliatory prosecutions associated with, the | ||
| filming, recording, photographing, documenting, or observing of a | ||
| peace officer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 5, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 112 to read as follows: | ||
| CHAPTER 112. LIABILITY OF GOVERNMENTAL UNIT FOR CERTAIN | ||
| UNSUCCESSFUL PROSECUTIONS | ||
| Sec. 112.001. DEFINITION. In this chapter, "governmental | ||
| unit" has the meaning assigned by Section 101.001. | ||
| Sec. 112.002. LIABILITY FOR CERTAIN RETALIATORY | ||
| PROSECUTIONS. A person who is prosecuted for an offense under | ||
| Section 22.01(a)(1) or 38.15(a)(1), Penal Code, or Section | ||
| 542.501(a)(1), Transportation Code, and is acquitted of the offense | ||
| may recover in a civil action against the governmental unit that | ||
| employed any peace officer who accused the person of the offense of | ||
| which the person was acquitted if the person shows by a | ||
| preponderance of the evidence that: | ||
| (1) the person was filming, recording, photographing, | ||
| documenting, or observing the peace officer; and | ||
| (2) the peace officer's accusation was made in | ||
| retaliation for the person's act of filming, recording, | ||
| photographing, documenting, or observing the peace officer. | ||
| Sec. 112.003. REMEDY. A person who prevails in a suit | ||
| against a governmental unit under Section 112.002 is entitled to | ||
| recover only the person's reasonable attorney's fees incurred in | ||
| connection with the retaliatory prosecution. | ||
| Sec. 112.004. SOVEREIGN IMMUNITY WAIVED. Sovereign | ||
| immunity to suit and liability is waived and abolished to the extent | ||
| of liability created by this chapter. | ||
| SECTION 2. Section 22.01, Penal Code, is amended by adding | ||
| Subsection (f-1) to read as follows: | ||
| (f-1) It is a defense to prosecution under Subsection (a)(1) | ||
| that the conduct engaged in by the defendant consisted only of | ||
| filming, recording, photographing, documenting, or observing a | ||
| peace officer. | ||
| SECTION 3. Section 38.15(c), Penal Code, is amended to read | ||
| as follows: | ||
| (c) It is a defense to prosecution under Subsection (a)(1) | ||
| that the conduct engaged in by the defendant: | ||
| (1) was intended to warn a person operating a motor | ||
| vehicle of the presence of a peace officer who was enforcing | ||
| Subtitle C, Title 7, Transportation Code; or | ||
| (2) consisted only of filming, recording, | ||
| photographing, documenting, or observing a peace officer. | ||
| SECTION 4. Section 542.501, Transportation Code, is amended | ||
| to read as follows: | ||
| Sec. 542.501. OBEDIENCE REQUIRED TO PEACE [ |
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| AND TO SCHOOL CROSSING GUARDS. (a) A person may not wilfully fail | ||
| or refuse to comply with a lawful order or direction of: | ||
| (1) a peace [ |
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| (2) a school crossing guard who: | ||
| (A) is performing crossing guard duties in a | ||
| school crosswalk to stop and yield to a pedestrian; or | ||
| (B) has been trained under Section 600.004 and is | ||
| directing traffic in a school crossing zone. | ||
| (b) Subsection (a)(1) does not apply to an order or | ||
| direction to cease filming, recording, photographing, documenting, | ||
| or observing a peace officer while the officer is engaged in the | ||
| performance of official duties. | ||
| SECTION 5. Chapter 112, Civil Practice and Remedies Code, | ||
| as added by this Act, applies only with respect to a prosecution of | ||
| an offense committed on or after the effective date of this Act. | ||
| SECTION 6. (a) Except as provided by Subsection (b) of this | ||
| section, Sections 22.01 and 38.15, Penal Code, and Section 542.501, | ||
| Transportation Code, as amended by this Act, apply to the | ||
| prosecution of an offense under one of those sections commenced | ||
| before, on, or after the effective date of this Act. | ||
| (b) A final conviction for an offense under Section 22.01 or | ||
| 38.15, Penal Code, or Section 542.501, Transportation Code, that | ||
| exists on the effective date of this Act is unaffected by this Act. | ||
| SECTION 7. This Act takes effect September 1, 2015. | ||
