Tex.
Code of Crim. Proc. Article 2B.0111
Recordings as Evidence
(a)
Except as provided by Subsections (b) and (c), a recording created with a body worn camera that documents 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 permit an individual who is depicted in a recording of an incident described by Subsection (a) or, if the individual is deceased, the individual’s authorized representative, to view the recording, if the law enforcement agency determines that the viewing furthers a law enforcement purpose and any authorized representative who is permitted to view the recording was not a witness to the incident. An individual viewing a recording under this subsection may not duplicate the recording or capture video or audio from the recording. A permitted viewing of a recording under this subsection is not considered to be a release of public information for purposes of Chapter 552 (Public Information), Government Code.(c)
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.(d)
This article does not affect the authority of a law enforcement agency to withhold under Section 552.108 (Exception: Certain Law Enforcement, Corrections, and Prosecutorial Information), Government Code, information related to a closed criminal investigation that did not result in a conviction or a grant of deferred adjudication community supervision.
Source:
Article 2B.0111 — Recordings as Evidence, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2B.htm#2B.0111 (accessed Jun. 5, 2024).
