87(R) SB 380 - Introduced version - Bill Text

	87R3412 JCG-D
	By:  West	S.B.  No.  380

	A BILL TO BE ENTITLED
	AN ACT
	relating to the investigation and prosecution of criminal offenses
	and to certain recordings created by peace officers during an
	investigation or other law enforcement activity; creating a
	criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    (a) This Act shall be known as the "Botham Jean
	Act."
	(b)    Sections 6 and 7 of this Act shall be known as "Bo's
	Law."
	SECTION  2.    Sections 1701.655(b) and (c), Occupations Code,
	are amended to read as follows:
	(b)    A policy described by Subsection (a) must ensure that a
	body worn camera is activated only for a law enforcement purpose and
	must include:
	(1)    guidelines for when a peace officer should
	activate a camera or discontinue a recording currently in progress,
	considering the need for privacy in certain situations and at
	certain locations;
	(2)    provisions relating to data retention, including a
	provision requiring the retention of video for a minimum period of
	90 days;
	(3)    provisions relating to storage of video and audio,
	creation of backup copies of the video and audio, and maintenance of
	data security;
	(4)    provisions relating to the collection of a body
	worn camera, including the applicable video and audio recorded by
	the camera, as evidence;
	(5)    guidelines for public access, through open records
	requests, to recordings that are public information;
	(6)  [(5)]    provisions entitling an officer to access
	any recording of an incident involving the officer before the
	officer is required to make a statement about the incident;
	(7)  [(6)]    procedures for supervisory or internal
	review; and
	(8)  [(7)]    the handling and documenting of equipment
	and malfunctions of equipment.
	(c)    A policy described by Subsection (a) must [may not]
	require a peace officer who participates in an investigation, as
	defined by Section 38.20, Penal Code, to keep a body worn camera
	activated for the entirety of the investigation unless the camera
	has been collected as evidence by another peace officer in
	accordance with:
	(1)    the policy described by Subsection (a) and any
	other policy adopted by the law enforcement agency regarding the
	collection of evidence; and
	(2)    applicable law [entire period of the officer's
	shift].
	SECTION  3.    Section 1701.657(b), Occupations Code, is
	amended to read as follows:
	(b)    Subject to Section 1701.655(c), a [A] peace 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].
	SECTION  4.    Section 1701.661(h), Occupations Code, is
	amended to read as follows:
	(h)    A recording is confidential and excepted from the
	requirements of Chapter 552, Government Code, if:
	(1)    the recording:
	(A)  [(1)]    was not required to be made under this
	subchapter or another law or under a policy adopted by the
	appropriate law enforcement agency; and
	(B)  [(2)]    does not relate to a law enforcement
	purpose;
	(2)    the recording documents a crime victim expressing
	a clear and unambiguous desire to not:
	(A)    be recorded; or
	(B)    allow the recording to be available to the
	public;
	(3)    the recording documents a person providing
	assistance to a law enforcement investigation and expressing a
	clear and unambiguous desire to:
	(A)    not be recorded; or
	(B)    provide the assistance in an anonymous