
Alert on 89(R) HB 3565.
House Bill 3565 Makes Interference With Public Duties a Felony. Previously it was a Class B misdemeanor. The bill stipulates that the changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses that occur before this date will be governed by the previous law, ensuring that individuals are prosecuted under the legal framework in place at the time of their offense.
This bill is brought by the Tarrant County (Ft. Worth, TX) DA. It is specifically targeted against First Amendment Auditors who seek to record Police activities to hold government actors accountable for their actions. Tarrant County PD have been ordering auditors to stand so far away that they are effectively unable to record sound and video of meaningful substance.
William Vassar, prosecutor for Tarrant County, and Phil Soils? are the key promoters of this bill.
This bill means that anyone who films a traffic stop and is accused of interference with public duties will be charged with a felony. Under Section 38.15(c) It is a defense to prosecution under Subsection (a)(1) that the conduct engaged in by the defendant was intended to warn a person operating a motor vehicle of the presence of a peace officer who was enforcing Subtitle C, Title 7, Transportation Code. This means that a driver flashing headlights to warn oncoming motorists of a police radar presence is now committing a felony.
The consequences of the increase in penalty will be most draconian in effect.
Freedom of the press is not limited to just ABC and the Washington Post. It applies to anyone who wants to disseminate information, and particularly information of public activities of public officials!
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