Requesting Body Camera Videos
Requesting Body Camera Videos
Texas State Law for Requesting Videos is governed by Texas Occupations Code Sec. 1701.661 which prescribes the following:
Public Requests for Videos requires the following information:
- The date and approximate time of the recording.
- Specific location where the recoding occurred, and
- The name of one or more persons known to be the subject of the recording.
*NOTE: The subject of the recording is not the police officer*
A failure to provide all the information required above, to be part of a request for recorded information, does not preclude the requestor from making a future request for the same recorded information.
Information recorded by a body worn camera and held by a law enforcement agency under this subchapter is not subject to the requirements of Section 552.021, Government Code. Except Information that is or could be used as evidence in a criminal prosecution is subject to the requirements of Section 552.021, Government Code.
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 exceptions to disclosure in 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
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 person who is the subject of that portion of the recording or, if the person is deceased, from the person's authorized representative.
A video of a use of deadly force by an officer or the investigation of an officer cannot be released to the public until all criminal and administrative process have been completed
A law enforcement agency may release a video if the agency determines that release of the video advances a law enforcement purpose
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 section. 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.
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 or another law or under a policy adopted by the appropriate law enforcement agency; and
2. does not relate to a law enforcement purpose.