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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of certain crime scene photographs |
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and video recordings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.1085 to read as follows: |
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Sec. 552.1085. CONFIDENTIALITY OF SENSITIVE CRIME SCENE |
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IMAGE. (a) In this section: |
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(1) "Deceased person's next of kin" means: |
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(A) the surviving spouse of the deceased person; |
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(B) if there is no surviving spouse of the |
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deceased, an adult child of the deceased person; or |
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(C) if there is no surviving spouse or adult |
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child of the deceased, a parent of the deceased person. |
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(2) "Defendant" means a person being prosecuted for |
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the death of the deceased person or a person convicted of an offense |
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in relation to that death and appealing that conviction. |
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(3) "Expressive work" means: |
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(A) a fictional or nonfictional entertainment, |
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dramatic, literary, or musical work that is a play, book, article, |
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musical composition, audiovisual work, radio or television |
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program, work of art, or work of political, educational, or |
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newsworthy value; |
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(B) a work the primary function of which is the |
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delivery of news, information, current events, or other matters of |
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public interest or concern; or |
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(C) an advertisement or commercial announcement |
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of a work described by Paragraph (A) or (B). |
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(4) "Local governmental entity" means a county, |
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municipality, school district, charter school, junior college |
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district, or other political subdivision of this state. |
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(5) "Public or private institution of higher |
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education" means: |
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(A) an institution of higher education, as |
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defined by Section 61.003, Education Code; or |
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(B) a private or independent institution of |
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higher education, as defined by Section 61.003, Education Code. |
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(6) "Sensitive crime scene image" means a photograph |
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or video recording taken at a crime scene, contained in or part of a |
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closed criminal case, that depicts a deceased person in a state of |
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dismemberment, decapitation, or similar mutilation or that depicts |
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the deceased person's genitalia. |
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(7) "State agency" means a department, commission, |
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board, office, or other agency that is a part of state government |
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and that is created by the constitution or a statute of this state. |
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The term includes an institution of higher education as defined by |
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Section 61.003, Education Code. |
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(b) For purposes of this section, an Internet website, the |
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primary function of which is not the delivery of news, information, |
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current events, or other matters of public interest or concern, is |
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not an expressive work. |
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(c) A sensitive crime scene image in the custody of a |
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governmental body is confidential and excepted from the |
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requirements of Section 552.021 and a governmental body may not |
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permit a person to view or copy the image except as provided by this |
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section. This section applies to any sensitive crime scene image |
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regardless of the date that the image was taken or recorded. |
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(d) Notwithstanding Subsection (c) and subject to |
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Subsection (e), the following persons may view or copy information |
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that constitutes a sensitive crime scene image from a governmental |
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body: |
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(1) the deceased person's next of kin; |
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(2) a person authorized in writing by the deceased |
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person's next of kin; |
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(3) a defendant or the defendant's attorney; |
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(4) a person who establishes to the governmental body |
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an interest in a sensitive crime scene image that is based on, |
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connected with, or in support of the creation, in any medium, of an |
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expressive work; |
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(5) a person performing bona fide research sponsored |
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by a public or private institution of higher education with |
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approval of a supervisor of the research or a supervising faculty |
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member; |
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(6) a state agency; |
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(7) an agency of the federal government; or |
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(8) a local governmental entity. |
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(e) This section does not prohibit a governmental body from |
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asserting an exception to disclosure of a sensitive crime scene |
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image to a person identified in Subsection (d) on the grounds that |
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the image is excepted from the requirements of Section 552.021 |
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under another provision of this chapter or another law. |
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(f) Not later than the 10th business day after the date a |
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governmental body receives a request for a sensitive crime scene |
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image from a person described by Subsection (d)(4) or (5), the |
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governmental body shall notify the deceased person's next of kin of |
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the request in writing. The notice must be sent to the next of kin's |
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last known address. |
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(g) A governmental body that receives a request for |
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information that constitutes a sensitive crime scene image shall |
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allow a person described in Subsection (d) to view or copy the image |
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not later than the 10th business day after the date the governmental |
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body receives the request unless the governmental body files a |
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request for an attorney general decision under Subchapter G |
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regarding whether an exception to public disclosure applies to the |
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information. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to the disclosure or copying of a sensitive crime scene image |
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on or after September 1, 2013. |
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(b) The disclosure or copying of a sensitive crime scene |
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image before September 1, 2013, is covered by the law in effect when |
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the image was disclosed or copied, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |