Texas 2011 - 82nd Regular

Texas House Bill HB3357 Compare Versions

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1	1	82R11461 TJB-F
2	2	By: Miles H.B. No. 3357
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to municipal civilian complaint review boards.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 5, Local Government Code, is
10	10	amended by adding Chapter 143A to read as follows:
11	11	CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 143A.001. APPLICABILITY. This chapter applies only to
14	14	a municipality with a population of two million or more.
15	15	Sec. 143A.002. DEFINITIONS. In this chapter:
16	16	(1) "Board" means a municipal civilian complaint
17	17	review board.
18	18	(2) "Peace officer" means an individual appointed or
19	19	employed to serve as a peace officer for a municipality under
20	20	Article 2.12, Code of Criminal Procedure, or other law.
21	21	Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD.
22	22	A board is established in a municipality subject to this chapter to
23	23	investigate allegations of peace officer misconduct as provided by
24	24	this chapter.
25	25	[Sections 143A.004-143A.050 reserved for expansion]
26	26	SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD
27	27	Sec. 143A.051. COMPOSITION OF BOARD. A board consists of
28	28	five public members appointed as follows:
29	29	(1) two members appointed by the presiding officer of
30	30	the governing body of the municipality, one of whom must be
31	31	appointed from a list of municipal residents submitted to the
32	32	presiding officer by the governing body of the municipality;
33	33	(2) one member appointed by the county judge of the
34	34	county in which the municipality is primarily located;
35	35	(3) one member appointed by the police chief of the
36	36	municipal police department; and
37	37	(4) one member appointed by the commissioners court of
38	38	the county in which the municipality is primarily located.
39	39	Sec. 143A.052. INELIGIBILITY. A board member may not:
40	40	(1) be a municipal employee;
41	41	(2) hold any public office; or
42	42	(3) have any experience as a law enforcement
43	43	professional, including experience as a peace officer, a criminal
44	44	investigator, a special agent, or a managerial or supervisory
45	45	employee who exercised substantial policy discretion on law
46	46	enforcement matters, in a federal, state, or local law enforcement
47	47	agency, other than experience as an attorney in a prosecutorial
48	48	agency.
49	49	Sec. 143A.053. TERMS. Board members are appointed for
50	50	two-year terms.
51	51	Sec. 143A.054. PRESIDING OFFICER. The presiding officer of
52	52	the governing body of the municipality shall designate a board
53	53	member as the presiding officer of the board to serve in that
54	54	capacity at the pleasure of the presiding officer of the governing
55	55	body of the municipality.
56	56	Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It
57	57	is a ground for removal from a board that a member:
58	58	(1) is ineligible for membership under Section
59	59	143A.052;
60	60	(2) cannot, because of illness or disability,
61	61	discharge the member's duties for a substantial part of the member's
62	62	term; or
63	63	(3) is absent from more than half of the regularly
64	64	scheduled board meetings that the member is eligible to attend
65	65	during a calendar year without an excuse approved by a majority
66	66	vote of the board.
67	67	(b) The validity of an action of a board is not affected by
68	68	the fact that it is taken when a ground for removal of a board member
69	69	exists.
70	70	(c) If the executive director of a board or another board
71	71	member has knowledge that a potential ground for removal exists,
72	72	the executive director or board member shall notify the presiding
73	73	officer of the board of the potential ground. The presiding officer
74	74	shall then notify the presiding officer of the governing body of the
75	75	municipality that a potential ground for removal exists. If the
76	76	potential ground for removal involves the presiding officer of the
77	77	board, the executive director or board member shall notify the next
78	78	highest ranking officer of the board, who shall then notify the
79	79	presiding officer of the governing body of the municipality that a
80	80	potential ground for removal exists.
81	81	Sec. 143A.056. VACANCY. A vacancy on a board shall be
82	82	filled for the unexpired term in the same manner as the original
83	83	appointment.
84	84	Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member
85	85	is entitled to a per diem of $150 for each day the member engages in
86	86	board business. The total per diem a board member may receive
87	87	during a fiscal year may not exceed $5,000.
88	88	(b) A board member is entitled to reimbursement for actual
89	89	and necessary expenses incurred in performing the official duties
90	90	of the board.
91	91	[Sections 143A.058-143A.100 reserved for expansion]
92	92	SUBCHAPTER C. GENERAL POWERS AND DUTIES
93	93	Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an
94	94	executive director if necessary to administer the policies of the
95	95	board.
96	96	Sec. 143A.102. PERSONNEL. A board may employ personnel as
97	97	necessary to exercise its powers and fulfill its duties under this
98	98	chapter.
99	99	Sec. 143A.103. RULES. A board may adopt rules as necessary
100	100	to implement this chapter.
101	101	[Sections 143A.104-143A.150 reserved for expansion]
102	102	SUBCHAPTER D. INVESTIGATION OF COMPLAINTS
103	103	Sec. 143A.151. INVESTIGATION OF COMPLAINTS. (a) A board
104	104	may investigate a complaint that alleges peace officer misconduct
105	105	involving:
106	106	(1) excessive use of force; or
107	107	(2) abuse of authority, including the improper use of
108	108	powers to threaten, intimidate, or otherwise mistreat a member of
109	109	the public, threats of force, and unlawful acts, searches, and
110	110	seizures.
111	111	(b) A complaint may be filed under Section 143A.152 or
112	112	initiated by a majority vote of the board.
113	113	Sec. 143A.152. REQUIREMENTS FOR COMPLAINT. (a) A complaint
114	114	filed with a board under this chapter must:
115	115	(1) be in writing;
116	116	(2) allege the peace officer engaged in misconduct
117	117	described by Section 143A.151(a); and
118	118	(3) describe the alleged misconduct.
119	119	(b) A person who files a complaint is not required to be the
120	120	alleged victim of the misconduct.
121	121	Sec. 143A.153. INVESTIGATION OF COMPLAINT. A board shall
122	122	forward each complaint filed with the board to the municipal
123	123	attorney's office. The municipal attorney's office shall take such
124	124	steps as are necessary to investigate the complaint, including:
125	125	(1) obtaining a statement from the complainant,
126	126	witness statements, and documentary evidence; and
127	127	(2) interviewing witnesses and any peace officer who
128	128	is the subject of the complaint.
129	129	Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall:
130	130	(1) develop a system to promptly and efficiently act
131	131	on complaints filed with the board;
132	132	(2) maintain information regarding:
133	133	(A) the parties to a complaint;
134	134	(B) the subject matter of the complaint;
135	135	(C) the results of the investigation of the
136	136	complaint; and
137	137	(D) the disposition of the complaint;
138	138	(3) make information available describing its
139	139	procedures for complaint investigation and resolution;
140	140	(4) take reasonable measures to ensure the
141	141	confidentiality of all complainants;
142	142	(5) periodically notify the parties to the complaint
143	143	in writing of the status of the complaint until final disposition;
144	144	and
145	145	(6) provide the parties to the complaint a name,
146	146	address, and telephone number of an individual to contact in order
147	147	to give or obtain information regarding the complaint.
148	148	Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena
149	149	to compel the attendance of a witness or the production of any book,
150	150	record, or other document reasonably necessary to conduct an
151	151	investigation under this chapter. A subpoena must relate to a
152	152	matter under investigation by the board.
153	153	(b) If a person refuses to obey a subpoena issued under this
154	154	section, the board may apply to a court for an order requiring that
155	155	the person obey the subpoena. Failure to obey the court order is
156	156	punishable as contempt.
157	157	Sec. 143A.156. MEDIATION OF COMPLAINTS. (a) As an
158	158	alternative to an investigation and proposed disciplinary action, a
159	159	board may offer to mediate a complaint filed with the board using a
160	160	trained, experienced mediator.
161	161	(b) The board shall establish procedures for mediating a
162	162	complaint and guidelines for determining which complaints are
163	163	appropriate for mediation.
164	164	Sec. 143A.157. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING
165	165	INVESTIGATION. A board may dismiss a complaint and close an
166	166	investigation without reaching a final determination when the
167	167	person who filed the complaint or the alleged victim of misconduct
168	168	asks the office to withdraw the complaint.
169	169	Sec. 143A.158. COMPLAINT DETERMINATION AFTER
170	170	INVESTIGATION. (a) After an investigation of a complaint is
171	171	complete, the municipal attorney's office shall forward the
172	172	investigation to the board or a panel of at least three board
173	173	members. The board or panel shall review the case, including all
174	174	evidence, and make a determination on each allegation in the
175	175	complaint that has not been dismissed by the board or mediated. The
176	176	board's determination must be made not later than six months after
177	177	the date the board receives the complaint.
178	178	(b) Except as provided by Subsection (c), the determination
179	179	for each allegation in the complaint must be:
180	180	(1) substantiated;
181	181	(2) exonerated;
182	182	(3) unfounded;
183	183	(4) unsubstantiated; or
184	184	(5) miscellaneous.
185	185	(c) The board must determine that "the person complained
186	186	about remains unidentified" if the person's identity has not been
187	187	discovered after the investigation.
188	188	(d) In this section, a "substantiated" determination means
189	189	that a preponderance of the evidence shows that the person who is
190	190	the subject of the complaint committed the alleged misconduct.
191	191	(e) In this section, an "exonerated" determination means
192	192	that a preponderance of the evidence shows that the person who is
193	193	the subject of the complaint engaged in the actions alleged in the
194	194	complaint but that the actions were not misconduct because the
195	195	person's actions were lawful and proper.
196	196	(f) In this section, an "unfounded" determination means
197	197	that a preponderance of the evidence shows that the person who is
198	198	the subject of the complaint did not commit the alleged misconduct.
199	199	(g) In this section, an "unsubstantiated" determination
200	200	means that the available evidence was insufficient to reach a
201	201	determination on a preponderance of the evidence of substantiated,
202	202	exonerated, or unfounded.
203	203	(h) In this section, "miscellaneous" means that a
204	204	preponderance of the evidence shows that the person who is the
205	205	subject of the complaint is no longer a peace officer.
206	206	Sec. 143A.159. NOTICE OF BOARD'S DETERMINATION. (a) The
207	207	board shall notify the person who filed the complaint and each
208	208	person who is the subject of the complaint of the board's
209	209	determination.
210	210	(b) The board shall also notify the employer of the peace
211	211	officer who is the subject of the complaint of the board's
212	212	determination. If the board finds that a complaint is
213	213	substantiated, the board may recommend an appropriate disciplinary
214	214	action to the employer. If the peace officer's employer fails to
215	215	take disciplinary action against the peace officer before the 30th
216	216	day after the date the board notifies the employer of its
217	217	determination, the board shall forward the case to the attorney
218	218	representing the state in the prosecution of felonies for the
219	219	jurisdiction in which the misconduct occurred.
220	220	SECTION 2. The initial members of a municipal civilian
221	221	complaint review board shall be appointed as provided by Section
222	222	143A.051, Local Government Code, as added by this Act, not later
223	223	than October 1, 2011.
224	224	SECTION 3. This Act takes effect September 1, 2011.