Bill Text: TX SB1547 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to a body worn camera pilot program for certain Department of Family and Protective Services employees investigating a report of child abuse or neglect; creating a criminal offense; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-14 - Referred to Health & Human Services [SB1547 Detail]

Download: Texas-2019-SB1547-Introduced.html

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86R5672 EAS-F
By: Menéndez S.B. No. 1547

A BILL TO BE ENTITLED
AN ACT
relating to a body worn camera pilot program for certain Department
of Family and Protective Services employees investigating a report
of child abuse or neglect; creating a criminal offense; authorizing
a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 40, Human Resources Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. BODY WORN CAMERA PILOT PROGRAM
Sec. 40.101. DEFINITIONS. In this subchapter:
(1) "Body worn camera" has the meaning assigned by
Section 1701.651, Occupations Code.
(2) "Pilot program" means the body worn camera pilot
program for department employees established under this chapter.
(3) "Private space" has the meaning assigned by
Section 1701.651, Occupations Code.
Sec. 40.102. PILOT PROGRAM. The department shall establish
a pilot program to provide body worn cameras to department
employees in Bexar County to evaluate the costs of implementing a
statewide body worn camera program, including all known equipment
costs and costs for data storage.
Sec. 40.103. INTERAGENCY CONTRACTS. The department may
enter into an interagency contract to receive body worn camera
services and have the identified operations performed through a
program established by the Department of Information Resources.
Sec. 40.104. BODY WORN CAMERA POLICY. (a) As part of the
pilot program, the department shall adopt a policy ensuring that a
body worn camera is activated only when investigating a report of
child abuse or neglect and must include:
(1) guidelines for when a department employee 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) guidelines for public access, through open records
requests, to recordings that are public information;
(5) provisions entitling a department employee to
access any recording of an incident involving the department
employee before the department employee is required to make a
statement about the incident;
(6) procedures for supervisory or internal review; and
(7) the handling and documenting of equipment and
malfunctions of equipment.
(b) A policy described by Subsection (a) may not require a
department employee to keep a body worn camera activated for the
entire period of the department employee's shift.
(c) A policy adopted under this section must be consistent
with the Federal Rules of Evidence and Texas Rules of Evidence.
Sec. 40.105. TRAINING. (a) Before the department may
operate the pilot program, the department must provide training to:
(1) employees who will wear the body worn cameras; and
(2) any other personnel who will come into contact
with video and audio data obtained from the use of body worn
cameras.
(b) The department shall develop a curriculum for a training
program under this section.
Sec. 40.106. RECORDING INTERACTIONS WITH THE PUBLIC. (a) A
department employee equipped with a body worn camera shall act in a
manner that is consistent with the policy of the department with
respect to when and under what circumstances a body worn camera must
be activated.
(b) A department employee 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.
(c) A department employee who does not activate a body worn
camera in responding to an investigation of child abuse or neglect
must include in the employee's documentation or otherwise note in
the child's case file the reason for not activating the camera.
(d) Any justification for failing to activate the body worn
camera because it is unsafe, unrealistic, or impracticable is based
on whether a reasonable department employee under the same or
similar circumstances would have made the same decision.
Sec. 40.107. USE OF PERSONAL EQUIPMENT. (a) A department
employee who is on duty may only use a body worn camera that is
issued and maintained by the department.
(b) A department employee who has not been provided with a
body worn camera by the department may operate a body worn camera
that is privately owned only if permitted by the department.
(c) If the department authorizes the use of privately owned
body worn cameras under Subsection (b), the department must make
provisions for the security and compatibility of the recordings
made by those cameras.
Sec. 40.108. OFFENSE. (a) A department employee commits an
offense if the employee releases a recording created with a body
worn camera under this subchapter without permission of the
department.
(b) An offense under this section is a Class A misdemeanor.
Sec. 40.109. RECORDINGS AS EVIDENCE. (a) Except as
provided by Subsection (b), a recording created with a body worn
camera and documenting an incident that is related to an
administrative or criminal investigation of a department employee
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) The department may release to the public a recording
described by Subsection (a) if the department determines that the
release furthers the department's purpose.
Sec. 40.110. RELEASE OF INFORMATION RECORDED BY BODY WORN
CAMERA. (a) A member of the public is required to provide the
following information when submitting a written request to the
department for information recorded by a body worn camera:
(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 recorded information does
not preclude the requestor from making a future request for the same
recorded information.
(c) Except as provided by Subsection (d), information
recorded by a body worn camera and held by the department under this
subchapter is not subject to the requirements of Section 552.021,
Government Code.
(d) Information that is or could be used as evidence in a
criminal prosecution is subject to the requirements of Section
552.021, Government Code.
(e) The department may:
(1) seek to withhold information 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 information requested in accordance with
Subsection (a) after the department redacts any information made
confidential under Chapter 552, Government Code, or other law.
(f) The department may not release any portion of a
recording made in a private space, or of a recording involving the
investigation of conduct that constitutes a misdemeanor punishable
by fine only and does not result in arrest, without written
authorization from the person who is the subject of that portion of
the recording or, if the person is deceased, from the person's
authorized representative.
(g) 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 section. The fee amount must be sufficient to
cover the cost of reviewing and making the recording. The
department may provide a copy without charge or at a reduced charge
if the department determines that waiver or reduction of the charge
is in the public interest.
(h) 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 this subchapter
or another law or under a policy adopted by the department; and
(2) does not relate to a department purpose.
Sec. 40.111. BODY WORN CAMERA 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 body worn camera
recording 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
body worn camera 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 body
worn camera 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 body worn camera
recording is considered timely if made not later than the 25th
business day after the date of receipt of the written request.
Sec. 40.112. PRODUCTION OF BODY WORN CAMERA RECORDING IN
RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a)
Notwithstanding Section 552.221(d), Government Code, if the
department receives a voluminous request in accordance with Section
40.110(a), the department is considered to have promptly produced
the information for purposes of Section 552.221, Government Code,
if the department takes the actions required under Section 552.221,
Government Code, before the 21st business day after the date of
receipt of the written request.
(b) For purposes of this section, "voluminous request"
includes:
(1) a request for body worn camera recordings from
more than five separate incidents;
(2) more than five separate requests for body worn
camera 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 body worn camera recordings that,
taken together, constitute more than five total hours of video
footage.
Sec. 40.113. REPORT. Not later than September 1, 2022, the
department shall prepare and submit a written report on the pilot
program to the governor, lieutenant governor, speaker of the house
of representatives, and each member of the legislature. The report
must include:
(1) an evaluation of the interaction between
department employees involved in the pilot program and the public;
(2) an evaluation of the extent to which the
department policies regarding body worn cameras were allowed during
the pilot program; and
(3) a recommendation on whether the pilot program
should continue, be expanded, or be terminated.
Sec. 40.114. EXPIRATION. This chapter expires September 1,
2023.
SECTION 2. This Act takes effect September 1, 2019.