Bill Text: TX HB854 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-13 - Left pending in committee [HB854 Detail]

Download: Texas-2011-HB854-Introduced.html
  82R2942 ACP-D
 
  By: Dutton H.B. No. 854
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to certain law enforcement, corrections, and
  prosecutorial records under the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 552.108, Government Code, is amended to
  read as follows:
         Sec. 552.108.  EXCEPTION:  CERTAIN LAW ENFORCEMENT,
  CORRECTIONS, AND PROSECUTORIAL INFORMATION.  (a)  Information held
  by a law enforcement agency or prosecutor that deals with the
  detection, investigation, or prosecution of crime is excepted from
  the requirements of Section 552.021 if:
               (1)  release of the information would unduly interfere
  with the detection, investigation, or prosecution of crime;
               (2)  it is information relating to:
                     (A)  an ongoing investigation; or
                     (B)  conduct that remains subject to prosecution
  and the matter is not considered closed [that deals with the
  detection, investigation, or prosecution of crime only in relation
  to an investigation that did not result in conviction or deferred
  adjudication];
               (3)  it is information relating to a threat against a
  peace officer or detention officer collected or disseminated under
  Section 411.048; or
               (4)  it is information that:
                     (A)  is prepared by an attorney representing the
  state in anticipation of or in the course of preparing for criminal
  litigation; or
                     (B)  reflects the mental impressions or legal
  reasoning of an attorney representing the state.
         (b)  An internal record or notation of a law enforcement
  agency or prosecutor that is maintained for internal use in matters
  relating to law enforcement or prosecution is excepted from the
  requirements of Section 552.021 if:
               (1)  release of the internal record or notation would
  unduly interfere with law enforcement or prosecution;
               (2)  the internal record or notation relates to:
                     (A)  [law enforcement only in relation to] an
  ongoing investigation; or
                     (B)  conduct that remains subject to prosecution
  and the matter is not considered closed [that did not result in
  conviction or deferred adjudication]; or
               (3)  the internal record or notation:
                     (A)  is prepared by an attorney representing the
  state in anticipation of or in the course of preparing for criminal
  litigation; or
                     (B)  reflects the mental impressions or legal
  reasoning of an attorney representing the state.
         (c)  This section does not except from the requirements of
  Section 552.021 information that is basic information about an
  arrested person, an arrest, or a crime.
         SECTION 2.  The changes in law made by this Act to Section
  552.108, Government Code, apply to information, records, and
  notations collected, made, assembled, or maintained on, before, or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2011.
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