A tragedy like the Robb Elementary shooting of May 24 leaves its mark in many places. There are the homes that will always feel empty and the schools all over the nation that feel less safe than before. There are the parents who find themselves unwilling activists and the government officials who, thanks to that dark day’s botched police response, find themselves distrusted. And there’s a reinvigorated debate over gun control—though our state’s leaders will likely stop up their ears. Now, the legacy of Uvalde could also include something a touch wonky and seemingly far-removed: the closure of a gaping hole at the heart of Texas’ public information law.
In November, state Representative Joe Moody, an El Paso Democrat who served on a committee that investigated the Uvalde killings, filed House Bill 30, a multifaceted measure that would close what’s called the “dead suspect loophole.” Under current law, Texas cops and prosecutors may withhold from the public many records stemming from investigations that did not result in a conviction. This statute arguably protects the reputations of innocent Texans, but it also casts a veil of secrecy over cases where there’s no conviction because the suspect is deceased—including when cops kill someone during an arrest, or a person dies in jail, or a school shooter’s rampage ends, as happened at Robb Elementary, with his own demise. Moody’s bill would specifically open up many cases where the lack of a conviction resulted from a suspect’s death.
Since May, state police have withheld records such as video and audio recordings from the Uvalde scene on the premise that the local district attorney is still investigating—a standard reason that agencies hold back much detailed information. Under the dead suspect loophole, however, those records can plausibly be kept secret forever. HB 30 would head this off.
