Fifty-third Legislature                                Commerce and Public Safety

First Regular Session                                                   S.B. 1253

 

COMMITTEE ON COMMERCE AND PUBLIC SAFETY

SENATE AMENDMENTS TO S.B. 1253

(Reference to printed bill)

 


Page 1, line 6, before "notwithstanding" insert "a."; after the comma strike remainder of line

Line 7, strike "enforcement officer in an investigative interview" insert "video evidence used in an investigation"

Line 8, strike "the" insert "a law enforcement"

Line 9, after "injury" strike remainder of line

Line 11, after the first "officer" insert a period and strike remainder of line

Strike lines 12 and 13 and insert:

"B. NOTWITHSTANDING ANY OTHER LAW, IN AN INVESTIGATION OF A USE OF FORCE INCIDENT OR AN ACCIDENT INVOLVING A LAW ENFORCEMENT OFFICER THAT RESULTED IN PHYSICAL INJURY, WHERE A VIDEO WAS RECORDED BY THE LAW ENFORCEMENT OFFICER, THE INVESTIGATION IS NOT COMPLETE UNTIL THE OFFICER HAS HAD AN OPPORTUNITY TO VIEW THE VIDEO AND PROVIDE A CLARIFICATION STATEMENT.

C. IN AN INVESTIGATION OF A USE OF FORCE INCIDENT OR AN ACCIDENT INVOLVING A LAW ENFORCEMENT OFFICER THAT RESULTED IN PHYSICAL INJURY, WHERE A VIDEO WAS RECORDED BY THE LAW ENFORCEMENT OFFICER, THE LAW ENFORCEMENT OFFICER SHALL BE READ THE FOLLOWING NOTICE PRIOR TO GIVING A STATEMENT WITH RESPECT TO THE INCIDENT OR ACCIDENT:

VIDEO EVIDENCE HAS LIMITATIONS AND MAY DEPICT EVENTS DIFFERENTLY THAN YOU RECALL AND MAY NOT DEPICT ANY OR ALL OF THE EVENTS AS SEEN OR HEARD BY YOU. VIDEO HAS A LIMITED FIELD OF VIEW AND MAY NOT CAPTURE EVENTS NORMALLY SEEN BY THE HUMAN EYE. THE FRAME RATE OF VIDEO MAY LIMIT THE CAMERA’S ABILITY TO CAPTURE MOVEMENTS NORMALLY SEEN BY THE HUMAN EYE. VIDEOS ARE A TWO-DIMENSIONAL MEDIUM AND MAY NOT CAPTURE DEPTH, DISTANCE OR POSITIONAL ORIENTATION AS WELL AS THE HUMAN EYE. REMEMBER, THE VIDEO EVIDENCE IS INTENDED TO ASSIST YOUR MEMORY AND ENSURE THAT YOUR STATEMENT EXPLAINS YOUR STATE OF MIND AT THE TIME OF THE INCIDENT. YOU SHOULD NOT FEEL IN ANY WAY COMPELLED OR OBLIGATED TO EXPLAIN ANY DIFFERENCE IN WHAT YOU REMEMBER AND ACTED UPON FROM WHAT VIEWING THE ADDITIONAL EVIDENCE PROVIDES YOU. LISTENING TO AUDIO RECORDINGS OR VIEWING VIDEO RECORDINGS MAY OR MAY NOT PROVIDE ADDITIONAL CLARITY TO WHAT YOU REMEMBER."

Amend title to conform


 

 

 

 

1253COMPS

02/01/2017

03:29 PM

S: JA/jn