Proposed legislation by state Rep. Glen Casada and state Sen. Jack Johnson would make confidential police video of someone arrested or detained and not subject to the public records law. The bill also would close contact information of those arrested, including the home address and phone number.
HB 910 is scheduled to heard by the House Public Service Subcommittee at its Wednesday meeting, which starts at 9 a.m.
The bill would add an exemption to the public records act that says:
(1) Notwithstanding any other law to the contrary, personal identifying information compiled by and in the possession of municipal and county law enforcement agencies and detention facilities concerning any person who has been arrested or charged, but not convicted, of any offense is confidential. This subsection does not apply to any person who is arrested or charged for a parole or probation violation during the term of a suspended or deferred sentence.
(2) As used in this subsection, “personal identifying information” means the home street address, excluding the name of the city or the zip code. “Personal identifying information” also means the personal telephone number, video, and social security number of the person.
Currently, records compiled by law enforcement, such as dash cam video, body camera video or video from security cameras, can be withheld as confidential if the information is relevant to an ongoing investigation.
If passed, this legislation would simply make confidential all video of any person who has been arrested or charged, regardless of the status of an investigation or the case. Only if someone is convicted of a crime would such information be subject to disclosure under the public records law.
