2023 Texas Statutes › Government Code › Title 5 - Open Government; Ethics › Subtitle A - Open Government › Chapter 552 - Public Information › Subchapter C. Information Excepted From Required Disclosure › Section 552.108. Exception: Certain Law Enforcement, Corrections, and Prosecutorial Information

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 interfere with the detection, investigation, or prosecution of crime;
(2)  it is information 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 interfere with law enforcement or prosecution;
(2)  the internal record or notation relates to law enforcement only in relation to an investigation 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.  A governmental body shall promptly release basic information responsive to a request made under this chapter unless the governmental body seeks to withhold the information as provided by another provision of this chapter, and regardless of whether the governmental body requests an attorney general decision under Subchapter G regarding other information subject to the request.
Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 986 (H.B. 30), Sec. 1
(d)  The exception to disclosure provided by Subsection (a)(2) does not apply to information, records, or notations if:
(1)  a person who is described by or depicted in the information, record, or notation, other than a peace officer, is deceased or incapacitated; or
(2)  each person who is described by or depicted in the information, record, or notation, other than a person who is deceased or incapacitated, consents to the release of the information, record, or notation.
Text of subsection as added by Acts 2023, 88th Leg., R.S., Ch. 195 (S.B. 435), Sec. 1
(d)  Notwithstanding other law, a prosecutor may permit a person to view the following evidence of a crime that resulted in the death of a person and that occurred in the prosecutor's jurisdiction:
(1)  a medical examiner's report, if the person viewing the report is a family member of the person who is the subject of the report and the person who is the subject of the report was a victim of the crime; and
(2)  video evidence of the crime, if the person viewing the video is a victim of the crime or a family member of a victim of the crime.
(e)  A person permitted to view a medical examiner's report or video evidence under Subsection (d) may not duplicate, record, capture, or otherwise memorialize the information.  A prosecutor may require a person to sign a confidentiality agreement before permitting the person to view the information.
(f)  A permitted viewing of a medical examiner's report or video evidence under Subsection (d) is not a voluntary disclosure of information for purposes of Section 552.007(b).  A governmental body, by providing information under Subsection (d) that is confidential or otherwise excepted from required disclosure under law, does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future.
(g)  Subsection (d) does not affect:
(1)  the right of a person to obtain a medical examiner's report or video evidence of a crime from a governmental body under other law;
(2)  the procedures under which the information is obtained under other law; or
(3)  the use that may be made of the information obtained under other law.
(h)  In this section:
(1)  "Family member" means a person related to a victim of a crime within the first degree of consanguinity or affinity.
(2)  "Medical examiner's report" means a report and the contents of such a report created by a medical examiner under Article 49.25, Code of Criminal Procedure, including an autopsy report and toxicology report.  The term does not include a photograph or medical image contained in a report.
(3)  "Victim" means an individual who suffered personal injury or death as a result of criminal conduct.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 1035, Sec. 7, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1231, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 474, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 557 (H.B. 1262), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 557 (H.B. 1262), Sec. 4, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 195 (S.B. 435), Sec. 1, eff. May 24, 2023.
Acts 2023, 88th Leg., R.S., Ch. 847 (H.B. 3033), Sec. 4, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 986 (H.B. 30), Sec. 1, eff. September 1, 2023.