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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain law enforcement officers to wear body |
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worn cameras. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. BODY WORN CAMERAS |
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Sec. 411.441. DEFINITION. In this subchapter, "body worn |
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camera" means a recording device that is: |
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(1) capable of recording, or transmitting to be |
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recorded remotely, video or audio; and |
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(2) worn on the person of a peace officer, which |
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includes being attached to the officer's clothing or worn as |
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glasses. |
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Sec. 411.442. BODY WORN CAMERAS REQUIRED FOR CERTAIN |
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OFFICERS. (a) A law enforcement agency in this state shall equip |
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with body worn cameras all officers who: |
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(1) are engaged in traffic or highway patrol or |
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otherwise regularly stop or detain motor vehicles; or |
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(2) respond to calls for assistance from the public. |
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(b) A law enforcement agency that is not able to equip all |
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officers described by Subsection (a) with body worn cameras because |
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it would cause financial hardship shall submit to the department an |
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annual report that: |
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(1) states that the agency lacks the money to equip |
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with body worn cameras all officers who are required to wear a |
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camera; and |
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(2) includes both the number of cameras in use by the |
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agency and the number of cameras required under Subsection (a). |
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(c) A law enforcement agency is not required to equip all |
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officers described by Subsection (a) with body worn cameras until |
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the agency receives the necessary money. The agency is required to |
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comply with this subchapter with respect to any body worn cameras |
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the agency possesses. |
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Sec. 411.443. RECORDING INTERACTIONS WITH THE PUBLIC. Each |
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officer equipped with a body worn camera shall: |
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(1) activate the camera when responding to calls for |
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assistance and when performing other law enforcement activities, |
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including traffic stops, pursuits, arrests, searches, or |
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interrogations; and |
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(2) if practicable, before engaging with a person who |
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will be recorded, provide the person with verbal notice of the |
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recording. |
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Sec. 411.444. RECORDINGS AS EVIDENCE. (a) A recording |
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created with a body worn camera and documenting an incident that is |
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the subject of an investigation or complaint may not be deleted or |
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destroyed before the completion of the investigation into the |
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incident or the final disposition of the complaint regarding the |
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incident. |
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(b) A recording that is not required to be retained under |
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Subsection (a) shall be deleted or destroyed as soon as practicable |
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after the 180th day after the date the recording is made. |
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(c) A recording made by a body worn camera under this |
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subchapter is public information subject to Chapter 552. |
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SECTION 2. Not later than September 1, 2016, a law |
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enforcement agency shall: |
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(1) equip with body worn cameras all officers required |
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to wear the cameras under Section 411.442(a), Government Code, as |
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added by this Act; or |
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(2) submit the report required by Section 411.442(b), |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |