2021 Legislation: The Botham Jean Act

In September 2018, Botham Jean was killed in his apartment by a Dallas police officer who claimed she mistakenly entered his apartment, believing it to be her own, and shot at the unarmed “intruder.” After police arrived on the scene and the officer was placed in a patrol car, the dashcam in that car was deactivated. It is important to ensure that officers with recording devices, specifically body-worn cameras, record the entirety of the investigation in which they are actively participating, both to capture pertinent information and to improve transparency around police actions.

HB 929 (Authors: Sherman, Sr.; Krause; Jetton; Rodriguez; Reynolds | Sponsor: West), Relating to law enforcement policies and procedures regarding body worn cameras. A law enforcement agency policy regarding body-worn cameras must include provisions relating to the collection of such a camera – along with the applicable video and audio recorded by the camera – as evidence. The policy must also require an officer equipped with such a camera and actively participating in an investigation to keep the camera on for the entirety of that active participation.

A peace officer can choose not to activate a body-worn camera or can discontinue a recording for any encounter with a person that is not related to an investigation. Per this bill, statute no longer specifies that the camera may be deactivated during an interview with a witness or victim. Signed by the Governor; effective on 9/1/2021