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Texas Code of Criminal Procedure - CRIM P Art. § 2B.0112. Release of Information Recorded by Body Worn Camera

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A member of the public who submits a written request to a law enforcement agency for information recorded by a body worn camera must include with the request:

(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 individuals known to be a subject of the recording.

(b) Failure to provide all of the information required by Subsection (a) 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 a law enforcement agency under this subchapter is not subject to Section 552.021, Government Code.

(d) Information that is or could be used as evidence in a criminal prosecution is subject to Section 552.021, Government Code.

(e) A law enforcement agency may:

(1) seek to withhold information subject to Subsection (d) in accordance with procedures provided by Section 552.301, Government Code;

(2) assert any exception to disclosure under Chapter 552, Government Code, or other law;  or

(3) release information requested in accordance with Subsection (a) after the agency redacts any information made confidential under Chapter 552, Government Code, or other law.

(f) A law enforcement agency 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 individual who is the subject of that portion of the recording or, if the individual is deceased, from the individual'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 article in an amount 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 this subchapter, another law, or a policy adopted by the appropriate law enforcement agency;  and

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

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 2B.0112. Release of Information Recorded by Body Worn Camera - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-2b-0112/

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