By: West S.B. No. 2093               A BILL TO BE ENTITLED   AN ACT   relating to preventing racial profiling and to video and audio   equipment and recordings of certain law enforcement motor vehicle   stops; creating an offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 2.131, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.131.  RACIAL PROFILING PROHIBITED. A peace officer   may not engage in an act of racial profiling, as defined by the   written policy required by Article 2.132(b) and adopted by the law   enforcement agency employing the officer.          SECTION 2.  Article 2.132, Code of Criminal Procedure, is   amended by amending Subsection (d) and adding Subsection (d-1) to   read as follows:          (d)  On adoption of a policy under Subsection (b), a law   enforcement agency shall examine the feasibility of installing   video camera and transmitter-activated equipment in each agency law   enforcement motor vehicle regularly used to make motor vehicle   stops and transmitter-activated equipment in each agency law   enforcement motorcycle regularly used to make motor vehicle stops.   The agency also shall examine the feasibility of equipping each   peace officer who regularly detains or stops motor vehicles with a   body worn camera, as that term is defined by Section 1701.651,   Occupations Code. If a law enforcement agency installs video or   audio equipment or equips peace officers with body worn cameras as   provided by this subsection, the policy adopted by the agency under   Subsection (b) must include:                (1)  guidelines for when a peace officer should   activate the camera or other equipment or discontinue a recording   currently in progress;                (2)  provisions relating to data retention, including a   provision requiring the retention of [standards for reviewing]   video and audio recordings for a minimum period of 90 days;                (3)  provisions relating to storage of video and audio   recordings, creation of backup copies of the recordings, and   maintenance of data security;                (4)  guidelines for public access, through open records   requests, to recordings that are public information;                (5)  procedures for supervisory or internal review; and                (6)  the handling and documenting of equipment and   malfunctions of equipment [documentation].          (d-1)  A policy adopted under this article must be consistent   with the Federal Rules of Evidence and Texas Rules of Evidence.          SECTION 3.  Chapter 2, Code of Criminal Procedure, is   amended by adding Articles 2.1325, 2.13851, 2.13852, 2.13853,   2.13854, and 2.13855 to read as follows:          Art. 2.1325.  RECORDING INTERACTIONS WITH THE PUBLIC. (a)   In this article, "motor vehicle stop" has the meaning assigned by   Article 2.132(a).          (b)  A peace officer who uses a law enforcement motor vehicle   or motorcycle equipped with video or audio equipment described by   Article 2.132(d) shall act in a manner that is consistent with the   policy of the law enforcement agency that employs the officer with   respect to when and under what circumstances the equipment must be   activated.          (c)  A peace officer who does not activate video or audio   equipment in response to a call for assistance or on making a motor   vehicle stop must include in the officer's incident report or   otherwise note in the case file or record the reason for not   activating the equipment.          (d)  Any justification for failing to activate the equipment   because it is unsafe, unrealistic, or impracticable is based on   whether a reasonable officer under the same or similar   circumstances would have made the same decision.          Art. 2.13851.  RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW   ENFORCEMENT OFFICER. (a) Except as provided by Subsection (b), a   video or audio recording under Article 2.1325 documenting an   incident that involves the use of deadly force by a peace officer or   that is otherwise related to an administrative or criminal   investigation of an officer 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)  A law enforcement agency may release to the public a   recording described by Subsection (a) if the law enforcement agency   determines that the release furthers a law enforcement purpose.          (c)  This article does not affect the authority of a law   enforcement agency to withhold under Section 552.108, Government   Code, information related to a closed criminal investigation that   did not result in a conviction or a grant of deferred adjudication   community supervision.          Art. 2.13852.  RELEASE OF VIDEO OR AUDIO RECORDING. (a) A   member of the public is required to provide the following   information when submitting a written request to a law enforcement   agency for a video or audio recording under Article 2.1325:                (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 a recording does not   preclude the requestor from making a future request for the same   recording.          (c)  Except as provided by Subsection (d), a recording   described by Subsection (a) that is held by a law enforcement agency   is not subject to the requirements of Section 552.021, Government   Code.          (d)  A recording that is or could be used as evidence in a   criminal prosecution is subject to the requirements of Section   552.021, Government Code.          (e)  A law enforcement agency may:                (1)  seek to withhold a recording 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 a recording requested in accordance with   Subsection (a) after the agency redacts any information made   confidential under Chapter 552, Government Code, or other law.          (f)  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 article. The fee amount must be sufficient to   cover the cost of reviewing and making the recording. A law   enforcement agency may provide a copy without charge or at a reduced   charge if the agency determines that waiver or reduction of the   charge is in the public interest.          (g)  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 law or under a   policy adopted by the appropriate law enforcement agency; and                (2)  does not relate to a law enforcement purpose.          Art. 2.13853.  VIDEO AND AUDIO 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   recording under Article 2.1325 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   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   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 recording is   considered timely if made not later than the 25th business day after   the date of receipt of the written request.          Art. 2.13854.  PRODUCTION OF VIDEO OR AUDIO RECORDING IN   RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a)   Notwithstanding Section 552.221(d), Government Code, an officer   for public information who is employed by a governmental body and   who in accordance with Article 2.13853 receives a voluminous   request for recordings under Article 2.1325 is considered to have   promptly produced the information for purposes of Section 552.221,   Government Code, if the officer takes the actions required under   that section before the 21st business day after the date of receipt   of the written request.          (b)  For purposes of this article, "voluminous request"   includes:                (1)  a request for recordings from more than five   separate incidents;                (2)  more than five separate requests for 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 recordings that, taken together,   constitute more than five total hours of video or audio recordings.          Art. 2.13855.  OFFENSE. (a) A peace officer or other   employee of a law enforcement agency commits an offense if the   officer or employee releases without permission of the applicable   law enforcement agency a recording.          (b)  An offense under this article is a Class A misdemeanor.          SECTION 4.  (a)  A law enforcement agency operating video or   audio equipment on the effective date of this Act may submit any   existing policy of the agency regarding the use of the equipment to   the Texas Commission on Law Enforcement to determine whether the   policy complies with Article 2.132(d), Code of Criminal Procedure,   as amended by this Act.          (b)  Notwithstanding Article 2.132(d), Code of Criminal   Procedure, as amended by this Act, a law enforcement agency   operating video or audio equipment on the effective date of this Act   is not required to adopt or implement a policy that complies with   that article before September 1, 2024.          (c)  Articles 2.13851, 2.13852, 2.13853, 2.13854, and   2.13855, Code of Criminal Procedure, as added by this Act, apply to   a release of a recording on or after the effective date of this Act,   regardless of whether the incident that is the subject of the   recording occurred before, on, or after the effective date of this   Act.          SECTION 5.  This Act takes effect September 1, 2023.