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Relating to recordings of peace officer performance of official
duties and interactions with the public; creating a criminal
offense.
Creating a criminal offense is expected to result in
additional demands on the correctional resources of the counties or of the
State. The probable fiscal impact of implementing the bill is indeterminate due
to the lack of information on peace officers and employees of law enforcement
agencies who engage in the form of evidence tampering as defined in the
bill. This information is necessary to
identify the cases affected by the provisions of the bill from all other
evidence tampering cases.
HB 1757 would create a third degree felony offense for a peace officer
or other employee of a law enforcement agency who alters, destroys, or conceals another
person's audio, visual, or photographic recording of a peace officer's performance of official
duties without obtaining that other person's written consent.
Texas Action supports HB 1757 on the principles of limited government, personal responsibility, and individual liberty. People generally (with some exceptions) have a right to record peace officers discharging their duties. Allowing individuals to record peace officer activity greatly increases government transparency. The destruction of a lawfully recorded video is offensive to individual liberty and private property rights and may, depending on the circumstances, constitute tampering with evidence.
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