Bill Text: TX HB854 | 2011-2012 | 82nd Legislature | Introduced

---

Bill Title: Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-13 - Left pending in committee [HB854 Detail]

Download: Texas-2011-HB854-Introduced.html

---

82R2942 ACP-D
By: Dutton H.B. No. 854

A BILL TO BE ENTITLED
AN ACT
relating to access to certain law enforcement, corrections, and
prosecutorial records under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.108, Government Code, is amended to
read as follows:
Sec. 552.108. EXCEPTION: CERTAIN LAW ENFORCEMENT,
CORRECTIONS, AND PROSECUTORIAL INFORMATION. (a) Information held
by a law enforcement agency or prosecutor that deals with the
detection, investigation, or prosecution of crime is excepted from
the requirements of Section 552.021 if:
(1) release of the information would unduly interfere
with the detection, investigation, or prosecution of crime;
(2) it is information relating to:
(A) an ongoing investigation; or
(B) conduct that remains subject to prosecution
and the matter is not considered closed [that deals with the
detection, investigation, or prosecution of crime only in relation
to an investigation that did not result in conviction or deferred
adjudication];
(3) it is information relating to a threat against a
peace officer or detention officer collected or disseminated under
Section 411.048; or
(4) it is information that:
(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation; or
(B) reflects the mental impressions or legal
reasoning of an attorney representing the state.
(b) An internal record or notation of a law enforcement
agency or prosecutor that is maintained for internal use in matters
relating to law enforcement or prosecution is excepted from the
requirements of Section 552.021 if:
(1) release of the internal record or notation would
unduly interfere with law enforcement or prosecution;
(2) the internal record or notation relates to:
(A) [law enforcement only in relation to] an
ongoing investigation; or
(B) conduct that remains subject to prosecution
and the matter is not considered closed [that did not result in
conviction or deferred adjudication]; or
(3) the internal record or notation:
(A) is prepared by an attorney representing the
state in anticipation of or in the course of preparing for criminal
litigation; or
(B) reflects the mental impressions or legal
reasoning of an attorney representing the state.
(c) This section does not except from the requirements of
Section 552.021 information that is basic information about an
arrested person, an arrest, or a crime.
SECTION 2. The changes in law made by this Act to Section
552.108, Government Code, apply to information, records, and
notations collected, made, assembled, or maintained on, before, or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.