Law Enforcement: Body Worn Cameras Michelle Case
Description: Law Enforcement: Body Worn Cameras Michelle Case Assistant Attorney General Open Records Division Body Worn Camera Requests Occupations Code 1701.661 (a) A member of the public is required to provide the following information when
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slide1. Law Enforcement: Body Worn Cameras Michelle Case
Assistant Attorney General
Open Records Division<br>
slide2. Body Worn Camera Requests Occupations Code § 1701.661<br>
slide3. (a) A member of the public is required to provide the following information when submitting a written request to a law enforcement agency for information recorded by a body worn camera:
(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 persons known to be a subject of the recording. Section 1701.661(a) of the Occupations Code<br>
slide4. Is it a proper request for a body camera recording?
The request for information must state:
Date and approximate time of recording
Specific location where recording occurred
Name of at least one person who is a subject of the recording
All elements must be present to be a proper request for body camera video. Elements of a Proper Body Camera Request (Slide 1 of 2)<br>
slide5. If the request is missing any of the elements, it is not a proper request for body camera video.
Occ. Code§1701.661(b) says the requestor can ask for the information again.
If it is a proper request, the section 552.301 deadlines are extended to 20 and 25 business days.
The section 552.301 deadlines are only extended for the body camera video. All other responsive documents are still subject to the 10 and 15 business day deadlines. Elements of a Proper Body Camera Request (Slide 2 of 2)<br>
slide6. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409, including any 911 audio or body camera videos. Proper Body Camera Request? (Slide 1 of 12)<br>
slide7. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409, including any 911 audio or body camera videos. Proper Body Camera Request? (Slide 2 of 12) This is not a proper body camera request – missing date, time, location, subject name.
Note: This is still a proper request for public information for the non-body camera information that is responsive.<br>
slide8. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409 in which Rustin Hughes was arrested around 1 a.m. at the intersection of Brazos Street and 6th Street. Proper Body Camera Request? (Slide 3 of 12)<br>
slide9. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409 in which Rustin Hughes was arrested around 1 a.m. at the intersection of Brazos Street and 6th Street. Proper Body Camera Request? (Slide 4 of 12) This is not a proper body camera request – no date mentioned.<br>
slide10. Requestor Name: Megan Dale
Request for:
All information pertaining to a theft incident involving Rory Brooks on August 14, 2019, at Bison Billiards. Proper Body Camera Request? (Slide 5 of 12)<br>
slide11. Requestor Name: Megan Dale
Request for:
All information pertaining to a theft incident involving Rory Brooks on August 14, 2019, at Bison Billiards. Proper Body Camera Request? (Slide 6 of 12) Not a proper body camera request – no time mentioned.<br>
slide12. Requestor Name: Megan Dale
Request for:
The investigation file regarding the arrest of Rustin Hughes around 1 a.m. on August 14, 2019, for theft of property. Proper Body Camera Request? (Slide 7 of 12)<br>
slide13. Requestor Name: Megan Dale
Request for:
The investigation file regarding the arrest of Rustin Hughes around 1 a.m. on August 14, 2019, for theft of property. Proper Body Camera Request? (Slide 8 of 12) Not a proper body camera request – no location mentioned.<br>
slide14. Requestor Name: NBC News
Request for:
Officer Emily Wanek’s body camera video pertaining to a theft of an electric scooter at Bison Billiards on August 14, 2019, at about 1 a.m. Proper Body Camera Request? (Slide 9 of 12)<br>
slide15. Requestor Name: NBC News
Request for:
Officer Emily Wanek’s body camera video pertaining to a theft of an electric scooter at Bison Billiards on August 14, 2019, at about 1 a.m. Proper Body Camera Request? (Slide 10 of 12) Not a proper body camera request – no subject of the recording named.<br>
slide16. Requestor Name: Rory Brooks
Request for:
Body cam recording pertaining to the theft of my electric scooter. (Please see attached incident report 19-5409.) Proper Body Camera Request? (Slide 11 of 12)<br>
slide17. Requestor Name: Rory Brooks
Request for:
Body cam recording pertaining to the theft of my electric scooter. (Please see attached incident report 19-5409.) Proper Body Worn Camera Request? (Slide 12 of 12) This is a proper body camera request if the incident report the requestor included with his request has the required information for the recording.<br>
slide18. If the body camera is not properly requested, a governmental body does not need to request a ruling from the OAG for the body camera portion of the request.
All elements must be in the request to be a proper body camera request.
If the body camera is properly requested, a governmental body may raise other exceptions to disclosure. Tips When Receiving a Request for Body Camera Recordings<br>
slide19. (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 or another law or under a policy adopted by the appropriate law enforcement agency; and
(2) does not relate to a law enforcement purpose. Section 1701.661(h) of the Occupations Code<br>
slide20. Section 1701.661(h) of the Occupations Code
The recording was required to be made by law or the policies of the law enforcement entity; and
Relates to a law enforcement purpose – i.e. it is not purely personal. Section 1701.661(h) of the Occupations Code (Slide 1 of 6)<br>
slide21. Section 1701.661(h) of the Occupations Code
The recording was required to be made by law or the policies of the law enforcement entity; and
Relates to a law enforcement purpose – i.e. it is not purely personal.
Does (h) apply?
If one or both of the above are not true, the recording is confidential under section 1701.661(h).
If both of the above are true, proceed to subsections 1701.661(c) and (d). Section 1701.661(h) of the Occupations Code (Slide 2 of 6)<br>
slide22. Officer Emily Wanek forgets to turn off her body worn camera and the recording only captures her discussion about picking up laundry detergent from Walgreens when her work shift is over. Section 1701.661(h) of the Occupations Code (Slide 3 of 6)<br>
slide23. Officer Emily Wanek forgets to turn off her body worn camera and the recording captures her discussion about picking up laundry detergent from Walgreens when her work shift is over. Section 1701.661(h) of the Occupations Code (Slide 4 of 6) The recording is confidential under Occ. Code§1701.661(h) and must be withheld under Gov’t Code§552.101.<br>
slide24. The body camera of Officer Emily Wanek captures her on-foot chase of a theft suspect through downtown. Section 1701.661(h) of the Occupations Code (Slide 5 of 6)<br>
slide25. The body camera of Officer Emily Wanek captures her on-foot chase of a theft suspect through downtown. Section 1701.661(h) of the Occupations Code (Slide 6 of 6) The recording is not confidential under (h).<br>
slide26. (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 the requirements of Section 552.021, Government Code.
(d) Information that is or could be used as evidence in a criminal prosecution is subject to the requirements of Section 552.021, Government Code. Section 1701.661(c), (d) of the Occupations Code<br>
slide27. Sections 1701.661(c) and (d) of the Occupations Code
Could the recording be used as evidence in a criminal prosecution?
No. – The recording is confidential under section 1701.661(c).
Yes. – The recording is not confidential under section 1701.661(c).
Note: If the recording could not be used as evidence in a criminal prosecution, you need to explain why. Sections 1701.661(c), (d) of the Occupations Code<br>
slide28. (a) Except as provided by Subsections (a-1) and (b), a recording created with a body worn camera and documenting 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. Section 1701.660(a) of the Occupations Code<br>
slide29. Section 1701.660(a) of the Occupations Code
If the recording:
Documents use of deadly force by a peace officer or
Relates to an administrative or criminal investigation of an officer
Ask: Is the criminal or administrative investigation pending? Section 1701.660(a) of the Occupations Code (Slide 1 of 2)<br>
slide30. Is the criminal or administrative investigation pending?
Yes. – The recording is confidential under section 1701.660(a), but there is discretion to release in two situations:
Under subsection (b), if it would further a law enforcement purpose; or
Under subsection (a-1), to a person in the recording or the authorized representative if the person is deceased, if it would further a law enforcement purpose and the representative was not a witness to the incident. A permitted viewing under subsection (a-1) is not a release of public information for purposes of the Act.
No. – The recording is not confidential under section 1701.660(a). Section 1701.660(a) of the Occupations Code (Slide 2 of 2)<br>
slide31. (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 person who is the subject of that portion of the recording or, if the person is deceased, from the person's authorized representative. Section 1701.661(f) of the Occupations Code (Slide 1 of 2)<br>
slide32. Section 1701.661(f) of the Occupations Code
Two aspects of (f) that could apply:
(1) Was the recording in a private space?
(2) Does the recording involve the investigation of conduct that constitutes a misdemeanor punishable by fine only that did not result in an arrest? Section 1701.661(f) of the Occupations Code (Slide 2 of 2)<br>
slide33. Was the recording in a private space?
Yes. – Do you have written authorization from subjects of the recording to release?
No. – Recording is confidential under section 1701.661(f).
Yes. – Recording is not confidential as a private space recording under section 1701.661(f).
No. – Recording is not confidential as a private space recording under section 1701.661(f). Section 1701.661(f) of the Occupations Code: Private Space (Slide 1 of 10)<br>
slide34. Requestor: NBC News
Request for: Information pertaining to a theft that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019. Section 1701.661(f) of the Occupations Code: Private Space (Slide 2 of 10)<br>
slide35. Requestor: NBC News
Request for: Information pertaining to a theft that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019.
This is not a proper body camera request – no subjects named Section 1701.661(f)of the Occupations Code: Private Space (Slide 3 of 10)<br>
slide36. Requestor: NBC News
Request for: Information pertaining to a theft of an electric scooter that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019, involving Rustin Hughes as a suspect.
Body camera recording shows: Officer Emily Wanek interviewing Megan Dale inside of her townhome. Section 1701.661(f) of the Occupations Code: Private Space (Slide 4 of 10)<br>
slide37. Requestor: NBC News
Request for: Information pertaining to a theft of an electric scooter that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019, involving Rustin Hughes as a suspect.
Body camera recording shows: Officer Emily Wanek interviewing Megan Dale inside of her townhome.
Private space recording with no written consent from subject of recording (Megan).
Recording is confidential under section 1701.661(f) and must be withheld under section 552.101 of the Government Code. Section 1701.661(f) of the Occupations Code: Private Space (Slide 5 of 10)<br>
slide38. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor in front of her police vehicle parked on the street in front of the requestor’s townhome. Section 1701.661(f) of the Occupations Code: Private Space (Slide 6 of 10)<br>
slide39. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor in front of her police vehicle parked on the street in front of the requestor’s townhome.
This is a proper body camera request. Although the requestor did not name a subject of the body camera recording in her request, she is the subject of the recording. Section 1701.661(f) of the Occupations Code: Private Space (Slide 7 of 10)<br>
slide40. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor in front of her police vehicle parked on the street in front of the requestor’s townhome.
Public space recording Section 1701.661(f) of the Occupations Code: Private Space (Slide 8 of 10)<br>
slide41. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor inside the requestor’s townhome. Section 1701.661(f) of the Occupations Code: Private Space (Slide 9 of 10)<br>
slide42. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor inside the requestor’s townhome.
Private space recording with implied authorization of the requestor, who is the subject of the recording. Section 1701.661(f) of the Occupations Code: Private Space (Slide 10 of 10)<br>
slide43. Does the recording involve a misdemeanor punishable by fine only that did not result in an arrest?
Yes. – Do you have written authorization to release the recording from subject(s) of the recording?
No. – Recording is confidential under section 1701.661(f).
Yes. – Recording is not confidential as a fine only misdemeanor under section 1701.661(f).
No. – Recording is not confidential as a fine only misdemeanor under section 1701.661(f).
Note: Tell us if the recording pertains to an investigation of a misdemeanor punishable by fine only and did not result in arrest. Section 1701.661(f) of the Occupations Code: Misdemeanor (Slide 1 of 3)<br>
slide44. Requestor Name: Rustin Hughes
Request for:
All information pertaining to a citation for failure to signal lane change on August 18, 2019, at 11:00 pm in the 400 block of 2nd Street involving Megan Dale.
Body Camera recording shows: Officer Emily Wanek pull over Megan Dale and conducting a field sobriety tests for DWI. Section 1701.661(f) of the Occupations Code: Misdemeanor (Slide 2 of 3)<br>
slide45. Requestor Name: Rustin Hughes
Request for:
All information pertaining to a citation for failure to signal lane change on August 18, 2019, at 11:00 pm in the 400 block of 2nd Street involving Megan Dale.
Body Camera recording shows: Officer Emily Wanek pull over Megan Dale and conducting a field sobriety tests for DWI.
This is a proper body camera request. The body camera cannot be withheld as a fine only misdemeanor offense under section 1701.661(f) because the officer investigated Megan Dale for DWI, which is not a fine only misdemeanor. Section 1701.661(f) of the Occupations Code: Misdemeanor (Slide 3 of 3)<br>
slide46. (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 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. Section 1701.661(e) of the Occupations Code (Slide 1 of 2)<br>
slide47. Section 1701.661(e) of the Occupations Code
If it is a proper body camera request (1701.661(a)):
That relates to a law enforcement purpose (1701.661(h));
That could be used as evidence in a criminal prosecution (1701.661(c)-(d));
That does not involve a pending investigation related to the use of deadly force by a peace officer or an administrative or criminal investigation of an officer (1701.660(a)); AND
Either:
Neither aspect of 1701.661(f) applies OR
You have written authorization to release the recording from the subject(s) of the recording if either aspect of 1701.661(f) applies:
You may release the recording with all confidential information redacted OR you may raise other exceptions to disclosure. Section 1701.661(e) of the Occupations Code (Slide 2 of 2)<br>
slide48. Requestor Name: Rustin Hughes
Request for:
All information pertaining to case number 19-2800 in which I was arrested for DWI around 11 a.m. at the intersection of West Avenue and 6th Street. Overview Hypothetical (Slide 1 of 8)<br>
slide49. The City of Hale’s Police Department receives this request and determines the department has an offense report, a dash camera recording, and a body camera recording pertaining to this incident.
The department asks for a ruling to withhold information under section 552.108(a)(1). The department also argues the body camera recording has not been requested properly under section 1701.661(a). Overview Hypothetical (Slide 2 of 8)<br>
slide50. Did the requestor make a proper request for the body camera recording? Overview Hypothetical (Slide 3 of 8)<br>
slide51. Did the requestor make a proper request for the body camera recording?
Not a proper body camera request – no date of recording provided. Overview Hypothetical (Slide 4 of 8)<br>
slide52. Did the requestor make a proper request for the body camera recording?
Not a proper body camera request – no date of recording provided.
Does the requestor have a right of access to the body camera recording under article 2.1396 of the Code of Criminal Procedure? Overview Hypothetical (Slide 5 of 8)<br>
slide53. Did the requestor make a proper request for the body camera recording?
Not a proper body camera request – no date of recording provided.
Does the requestor have a right of access to the body camera recording under article 2.1396 of the Code of Criminal Procedure?
No, the body camera recording must be requested properly in order to address article 2.1396. Overview Hypothetical (Slide 6 of 8)<br>
slide54. May the department withhold the remaining information under section 552.108(a)(1)? Overview Hypothetical (Slide 7 of 8)<br>
slide55. May the department withhold the remaining information under section 552.108(a)(1)?
Generally, yes, if the department explains release of the information would interfere with the department’s ongoing criminal investigation. Overview Hypothetical (Slide 8 of 8)<br>
slide56. Questions OAG Open Government Hotline
(877) OPEN-TEX
OAG Website
https://www.texasattorneygeneral.gov/open/index.shtml<br>
Assistant Attorney General
Open Records Division<br>
slide2. Body Worn Camera Requests Occupations Code § 1701.661<br>
slide3. (a) A member of the public is required to provide the following information when submitting a written request to a law enforcement agency for information recorded by a body worn camera:
(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 persons known to be a subject of the recording. Section 1701.661(a) of the Occupations Code<br>
slide4. Is it a proper request for a body camera recording?
The request for information must state:
Date and approximate time of recording
Specific location where recording occurred
Name of at least one person who is a subject of the recording
All elements must be present to be a proper request for body camera video. Elements of a Proper Body Camera Request (Slide 1 of 2)<br>
slide5. If the request is missing any of the elements, it is not a proper request for body camera video.
Occ. Code§1701.661(b) says the requestor can ask for the information again.
If it is a proper request, the section 552.301 deadlines are extended to 20 and 25 business days.
The section 552.301 deadlines are only extended for the body camera video. All other responsive documents are still subject to the 10 and 15 business day deadlines. Elements of a Proper Body Camera Request (Slide 2 of 2)<br>
slide6. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409, including any 911 audio or body camera videos. Proper Body Camera Request? (Slide 1 of 12)<br>
slide7. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409, including any 911 audio or body camera videos. Proper Body Camera Request? (Slide 2 of 12) This is not a proper body camera request – missing date, time, location, subject name.
Note: This is still a proper request for public information for the non-body camera information that is responsive.<br>
slide8. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409 in which Rustin Hughes was arrested around 1 a.m. at the intersection of Brazos Street and 6th Street. Proper Body Camera Request? (Slide 3 of 12)<br>
slide9. Requestor Name: Megan Dale
Request for:
All information pertaining to case number 19-5409 in which Rustin Hughes was arrested around 1 a.m. at the intersection of Brazos Street and 6th Street. Proper Body Camera Request? (Slide 4 of 12) This is not a proper body camera request – no date mentioned.<br>
slide10. Requestor Name: Megan Dale
Request for:
All information pertaining to a theft incident involving Rory Brooks on August 14, 2019, at Bison Billiards. Proper Body Camera Request? (Slide 5 of 12)<br>
slide11. Requestor Name: Megan Dale
Request for:
All information pertaining to a theft incident involving Rory Brooks on August 14, 2019, at Bison Billiards. Proper Body Camera Request? (Slide 6 of 12) Not a proper body camera request – no time mentioned.<br>
slide12. Requestor Name: Megan Dale
Request for:
The investigation file regarding the arrest of Rustin Hughes around 1 a.m. on August 14, 2019, for theft of property. Proper Body Camera Request? (Slide 7 of 12)<br>
slide13. Requestor Name: Megan Dale
Request for:
The investigation file regarding the arrest of Rustin Hughes around 1 a.m. on August 14, 2019, for theft of property. Proper Body Camera Request? (Slide 8 of 12) Not a proper body camera request – no location mentioned.<br>
slide14. Requestor Name: NBC News
Request for:
Officer Emily Wanek’s body camera video pertaining to a theft of an electric scooter at Bison Billiards on August 14, 2019, at about 1 a.m. Proper Body Camera Request? (Slide 9 of 12)<br>
slide15. Requestor Name: NBC News
Request for:
Officer Emily Wanek’s body camera video pertaining to a theft of an electric scooter at Bison Billiards on August 14, 2019, at about 1 a.m. Proper Body Camera Request? (Slide 10 of 12) Not a proper body camera request – no subject of the recording named.<br>
slide16. Requestor Name: Rory Brooks
Request for:
Body cam recording pertaining to the theft of my electric scooter. (Please see attached incident report 19-5409.) Proper Body Camera Request? (Slide 11 of 12)<br>
slide17. Requestor Name: Rory Brooks
Request for:
Body cam recording pertaining to the theft of my electric scooter. (Please see attached incident report 19-5409.) Proper Body Worn Camera Request? (Slide 12 of 12) This is a proper body camera request if the incident report the requestor included with his request has the required information for the recording.<br>
slide18. If the body camera is not properly requested, a governmental body does not need to request a ruling from the OAG for the body camera portion of the request.
All elements must be in the request to be a proper body camera request.
If the body camera is properly requested, a governmental body may raise other exceptions to disclosure. Tips When Receiving a Request for Body Camera Recordings<br>
slide19. (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 or another law or under a policy adopted by the appropriate law enforcement agency; and
(2) does not relate to a law enforcement purpose. Section 1701.661(h) of the Occupations Code<br>
slide20. Section 1701.661(h) of the Occupations Code
The recording was required to be made by law or the policies of the law enforcement entity; and
Relates to a law enforcement purpose – i.e. it is not purely personal. Section 1701.661(h) of the Occupations Code (Slide 1 of 6)<br>
slide21. Section 1701.661(h) of the Occupations Code
The recording was required to be made by law or the policies of the law enforcement entity; and
Relates to a law enforcement purpose – i.e. it is not purely personal.
Does (h) apply?
If one or both of the above are not true, the recording is confidential under section 1701.661(h).
If both of the above are true, proceed to subsections 1701.661(c) and (d). Section 1701.661(h) of the Occupations Code (Slide 2 of 6)<br>
slide22. Officer Emily Wanek forgets to turn off her body worn camera and the recording only captures her discussion about picking up laundry detergent from Walgreens when her work shift is over. Section 1701.661(h) of the Occupations Code (Slide 3 of 6)<br>
slide23. Officer Emily Wanek forgets to turn off her body worn camera and the recording captures her discussion about picking up laundry detergent from Walgreens when her work shift is over. Section 1701.661(h) of the Occupations Code (Slide 4 of 6) The recording is confidential under Occ. Code§1701.661(h) and must be withheld under Gov’t Code§552.101.<br>
slide24. The body camera of Officer Emily Wanek captures her on-foot chase of a theft suspect through downtown. Section 1701.661(h) of the Occupations Code (Slide 5 of 6)<br>
slide25. The body camera of Officer Emily Wanek captures her on-foot chase of a theft suspect through downtown. Section 1701.661(h) of the Occupations Code (Slide 6 of 6) The recording is not confidential under (h).<br>
slide26. (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 the requirements of Section 552.021, Government Code.
(d) Information that is or could be used as evidence in a criminal prosecution is subject to the requirements of Section 552.021, Government Code. Section 1701.661(c), (d) of the Occupations Code<br>
slide27. Sections 1701.661(c) and (d) of the Occupations Code
Could the recording be used as evidence in a criminal prosecution?
No. – The recording is confidential under section 1701.661(c).
Yes. – The recording is not confidential under section 1701.661(c).
Note: If the recording could not be used as evidence in a criminal prosecution, you need to explain why. Sections 1701.661(c), (d) of the Occupations Code<br>
slide28. (a) Except as provided by Subsections (a-1) and (b), a recording created with a body worn camera and documenting 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. Section 1701.660(a) of the Occupations Code<br>
slide29. Section 1701.660(a) of the Occupations Code
If the recording:
Documents use of deadly force by a peace officer or
Relates to an administrative or criminal investigation of an officer
Ask: Is the criminal or administrative investigation pending? Section 1701.660(a) of the Occupations Code (Slide 1 of 2)<br>
slide30. Is the criminal or administrative investigation pending?
Yes. – The recording is confidential under section 1701.660(a), but there is discretion to release in two situations:
Under subsection (b), if it would further a law enforcement purpose; or
Under subsection (a-1), to a person in the recording or the authorized representative if the person is deceased, if it would further a law enforcement purpose and the representative was not a witness to the incident. A permitted viewing under subsection (a-1) is not a release of public information for purposes of the Act.
No. – The recording is not confidential under section 1701.660(a). Section 1701.660(a) of the Occupations Code (Slide 2 of 2)<br>
slide31. (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 person who is the subject of that portion of the recording or, if the person is deceased, from the person's authorized representative. Section 1701.661(f) of the Occupations Code (Slide 1 of 2)<br>
slide32. Section 1701.661(f) of the Occupations Code
Two aspects of (f) that could apply:
(1) Was the recording in a private space?
(2) Does the recording involve the investigation of conduct that constitutes a misdemeanor punishable by fine only that did not result in an arrest? Section 1701.661(f) of the Occupations Code (Slide 2 of 2)<br>
slide33. Was the recording in a private space?
Yes. – Do you have written authorization from subjects of the recording to release?
No. – Recording is confidential under section 1701.661(f).
Yes. – Recording is not confidential as a private space recording under section 1701.661(f).
No. – Recording is not confidential as a private space recording under section 1701.661(f). Section 1701.661(f) of the Occupations Code: Private Space (Slide 1 of 10)<br>
slide34. Requestor: NBC News
Request for: Information pertaining to a theft that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019. Section 1701.661(f) of the Occupations Code: Private Space (Slide 2 of 10)<br>
slide35. Requestor: NBC News
Request for: Information pertaining to a theft that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019.
This is not a proper body camera request – no subjects named Section 1701.661(f)of the Occupations Code: Private Space (Slide 3 of 10)<br>
slide36. Requestor: NBC News
Request for: Information pertaining to a theft of an electric scooter that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019, involving Rustin Hughes as a suspect.
Body camera recording shows: Officer Emily Wanek interviewing Megan Dale inside of her townhome. Section 1701.661(f) of the Occupations Code: Private Space (Slide 4 of 10)<br>
slide37. Requestor: NBC News
Request for: Information pertaining to a theft of an electric scooter that occurred outside of Bison Billiards around 1 a.m. on August 14, 2019, involving Rustin Hughes as a suspect.
Body camera recording shows: Officer Emily Wanek interviewing Megan Dale inside of her townhome.
Private space recording with no written consent from subject of recording (Megan).
Recording is confidential under section 1701.661(f) and must be withheld under section 552.101 of the Government Code. Section 1701.661(f) of the Occupations Code: Private Space (Slide 5 of 10)<br>
slide38. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor in front of her police vehicle parked on the street in front of the requestor’s townhome. Section 1701.661(f) of the Occupations Code: Private Space (Slide 6 of 10)<br>
slide39. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor in front of her police vehicle parked on the street in front of the requestor’s townhome.
This is a proper body camera request. Although the requestor did not name a subject of the body camera recording in her request, she is the subject of the recording. Section 1701.661(f) of the Occupations Code: Private Space (Slide 7 of 10)<br>
slide40. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor in front of her police vehicle parked on the street in front of the requestor’s townhome.
Public space recording Section 1701.661(f) of the Occupations Code: Private Space (Slide 8 of 10)<br>
slide41. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor inside the requestor’s townhome. Section 1701.661(f) of the Occupations Code: Private Space (Slide 9 of 10)<br>
slide42. Requestor: Megan Dale
Request for: Information pertaining to a theft incident that I witnessed outside of Bison Billiards across from my townhome around 1 a.m. on August 14, 2019.
Body camera recording shows: Officer Emily Wanek interviewing the requestor inside the requestor’s townhome.
Private space recording with implied authorization of the requestor, who is the subject of the recording. Section 1701.661(f) of the Occupations Code: Private Space (Slide 10 of 10)<br>
slide43. Does the recording involve a misdemeanor punishable by fine only that did not result in an arrest?
Yes. – Do you have written authorization to release the recording from subject(s) of the recording?
No. – Recording is confidential under section 1701.661(f).
Yes. – Recording is not confidential as a fine only misdemeanor under section 1701.661(f).
No. – Recording is not confidential as a fine only misdemeanor under section 1701.661(f).
Note: Tell us if the recording pertains to an investigation of a misdemeanor punishable by fine only and did not result in arrest. Section 1701.661(f) of the Occupations Code: Misdemeanor (Slide 1 of 3)<br>
slide44. Requestor Name: Rustin Hughes
Request for:
All information pertaining to a citation for failure to signal lane change on August 18, 2019, at 11:00 pm in the 400 block of 2nd Street involving Megan Dale.
Body Camera recording shows: Officer Emily Wanek pull over Megan Dale and conducting a field sobriety tests for DWI. Section 1701.661(f) of the Occupations Code: Misdemeanor (Slide 2 of 3)<br>
slide45. Requestor Name: Rustin Hughes
Request for:
All information pertaining to a citation for failure to signal lane change on August 18, 2019, at 11:00 pm in the 400 block of 2nd Street involving Megan Dale.
Body Camera recording shows: Officer Emily Wanek pull over Megan Dale and conducting a field sobriety tests for DWI.
This is a proper body camera request. The body camera cannot be withheld as a fine only misdemeanor offense under section 1701.661(f) because the officer investigated Megan Dale for DWI, which is not a fine only misdemeanor. Section 1701.661(f) of the Occupations Code: Misdemeanor (Slide 3 of 3)<br>
slide46. (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 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. Section 1701.661(e) of the Occupations Code (Slide 1 of 2)<br>
slide47. Section 1701.661(e) of the Occupations Code
If it is a proper body camera request (1701.661(a)):
That relates to a law enforcement purpose (1701.661(h));
That could be used as evidence in a criminal prosecution (1701.661(c)-(d));
That does not involve a pending investigation related to the use of deadly force by a peace officer or an administrative or criminal investigation of an officer (1701.660(a)); AND
Either:
Neither aspect of 1701.661(f) applies OR
You have written authorization to release the recording from the subject(s) of the recording if either aspect of 1701.661(f) applies:
You may release the recording with all confidential information redacted OR you may raise other exceptions to disclosure. Section 1701.661(e) of the Occupations Code (Slide 2 of 2)<br>
slide48. Requestor Name: Rustin Hughes
Request for:
All information pertaining to case number 19-2800 in which I was arrested for DWI around 11 a.m. at the intersection of West Avenue and 6th Street. Overview Hypothetical (Slide 1 of 8)<br>
slide49. The City of Hale’s Police Department receives this request and determines the department has an offense report, a dash camera recording, and a body camera recording pertaining to this incident.
The department asks for a ruling to withhold information under section 552.108(a)(1). The department also argues the body camera recording has not been requested properly under section 1701.661(a). Overview Hypothetical (Slide 2 of 8)<br>
slide50. Did the requestor make a proper request for the body camera recording? Overview Hypothetical (Slide 3 of 8)<br>
slide51. Did the requestor make a proper request for the body camera recording?
Not a proper body camera request – no date of recording provided. Overview Hypothetical (Slide 4 of 8)<br>
slide52. Did the requestor make a proper request for the body camera recording?
Not a proper body camera request – no date of recording provided.
Does the requestor have a right of access to the body camera recording under article 2.1396 of the Code of Criminal Procedure? Overview Hypothetical (Slide 5 of 8)<br>
slide53. Did the requestor make a proper request for the body camera recording?
Not a proper body camera request – no date of recording provided.
Does the requestor have a right of access to the body camera recording under article 2.1396 of the Code of Criminal Procedure?
No, the body camera recording must be requested properly in order to address article 2.1396. Overview Hypothetical (Slide 6 of 8)<br>
slide54. May the department withhold the remaining information under section 552.108(a)(1)? Overview Hypothetical (Slide 7 of 8)<br>
slide55. May the department withhold the remaining information under section 552.108(a)(1)?
Generally, yes, if the department explains release of the information would interfere with the department’s ongoing criminal investigation. Overview Hypothetical (Slide 8 of 8)<br>
slide56. Questions OAG Open Government Hotline
(877) OPEN-TEX
OAG Website
https://www.texasattorneygeneral.gov/open/index.shtml<br>