West Bill Lets Each Police Agency Define Racial Profiling

The text as introduced · 1,599 words

89R15208 JSC-D

By: West
S.B. No. 2557

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; authorizing a fee; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 2B.0052, Code of Criminal Procedure, is

amended to read as follows:

Art. 2B.0052. RACIAL PROFILING PROHIBITED. A peace officer

may not engage in an act of racial profiling , as defined by the

written policy required by Article 2B.0053(b) and adopted by the

law enforcement agency employing the officer .

SECTION 2. Article 2B.0053, Code of Criminal Procedure, is

amended by adding Subsection (b-1) to read as follows:

(b-1) A policy adopted under Subsection (b) must be

consistent with the Federal Rules of Evidence and the Texas Rules of

Evidence.

SECTION 3. Article 2B.0151(c), Code of Criminal Procedure,

is amended to read as follows:

(c) If a law enforcement agency installs video or audio

equipment or equips peace officers with body worn cameras as

provided by this article, the policy adopted by the agency under

Article 2B.0053(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) procedures for the handling and documenting of

equipment and malfunctions of equipment [ documentation ].

SECTION 4. Subchapter D, Chapter 2B, Code of Criminal

Procedure, is amended by adding Articles 2B.01515, 2B.0155,

2B.0156, 2B.0157, 2B.0158, and 2B.0159 to read as follows:

Art. 2B.01515. RECORDING INTERACTIONS WITH PUBLIC. (a) In

this article, "motor vehicle stop" has the meaning assigned by

Article 2B.0051.

(b) A peace officer who uses a law enforcement motor vehicle

or motorcycle equipped with video or audio equipment described by

Article 2B.0151(b)(1) or (2) 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 for the purpose of

recording interactions with the public.

(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. 2B.0155. RECORDINGS DOCUMENTING CERTAIN CONDUCT OF LAW

ENFORCEMENT OFFICER. (a) Except as provided by Subsection (b), a

video or audio recording made under Article 2B.01515 and

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. 2B.0156. 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 one or more video or audio recordings made under Article

2B.01515:

(1) the dates and approximate times of the recordings;

(2) the specific location or locations where the

recordings occurred; and

(3) if known, the name of one or more persons known to

be a subject of the recording or recordings.

(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) A request may not be denied solely because the requestor

does not know the name of a person who is a subject of the recording.

(d) Except as provided by Subsection (e), 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.

(e) 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.

(f) Notwithstanding Subsection (e), a law enforcement

agency may:

(1) seek to withhold a recording subject to Subsection

(e) by asserting any exceptions to disclosure in Chapter 552,

Government Code, or other law; or

(2) 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.

(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 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.

(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 law or under a

policy adopted by the appropriate law enforcement agency; and

(2) does not relate to a law enforcement purpose.

Art. 2B.0157. 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 made under Article 2B.01515 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. 2B.0158. 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 2B.0156 receives a voluminous

request for recordings made under Article 2B.01515 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) more than five separate requests for recordings

from the same person in a 24-hour period; or

(2) 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. 2B.0159. 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 made under Article 2B.01515.

(b) An offense under this article is a Class A misdemeanor.

SECTION 5. (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 2B.0151(c), Code of Criminal

Procedure, as amended by this Act.

(b) Notwithstanding Article 2B.0151(c), 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, 2026.

(c) Articles 2B.0155, 2B.0156, 2B.0157, 2B.0158, and

2B.0159, 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 6. This Act takes effect September 1, 2025.