84R4156 KJE-F
By: Johnson H.B. No. 1036
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements for an injury or death caused by
a peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.139 to read as follows:
Art. 2.139. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES
OR DEATHS. (a) In this article:
(1) "Bodily injury" and "serious bodily injury" have
the meanings assigned by Section 1.07, Penal Code.
(2) "Officer-involved injury or death" means an
incident during which a peace officer:
(A) discharges the officer's firearm causing
bodily injury or death to another; or
(B) is otherwise directly responsible for
serious bodily injury to another or for the death of another.
(b) The office of the attorney general shall by rule create
a written and electronic form for the reporting by law enforcement
agencies of officer-involved injury or death. The form must include
a space to report:
(1) the badge number, age, ethnicity, and gender of
each peace officer involved in the incident;
(2) the age, ethnicity, and gender of each injured or
deceased person;
(3) the number of shots fired by a peace officer, if
any;
(4) if an injured person dies as a result of the
incident, the cause of death of the person; and
(5) the location of the incident.
(c) Within 72 hours of an officer-involved injury or death,
the law enforcement agency employing the officer involved must
complete and submit a written or electronic report, using the form
created under Subsection (b), to the office of the attorney
general. A submitted report must include all information described
in Subsection (b).
(d) Each law enforcement agency shall conduct an internal
investigation into an officer-involved injury or death involving a
peace officer employed by the agency. Not later than 72 hours after
concluding the investigation, the law enforcement agency shall
submit to the office of the attorney general:
(1) a copy of the agency's file on the officer-involved
injury or death; or
(2) a summary of the agency's findings on the
investigation.
(e) A law enforcement agency shall submit a copy of the
agency's file on an officer-involved injury or death to the office
of the attorney general on request from the office.
(f) Not later than five days after receipt of a report
submitted under Subsection (c), the office of the attorney general
shall post to the office's Internet website:
(1) a copy of the report; and
(2) from the information submitted under Subsection
(d), a summary of a law enforcement agency's findings on an
investigation into an officer-involved injury or death.
(g) Not later than January 1 of each year, the office of the
attorney general shall submit a report regarding all
officer-involved injuries or deaths that occurred the previous year
to the governor and the standing legislative committees with
primary jurisdiction over criminal justice matters. The report must
include:
(1) the total number of officer-involved injuries or
deaths;
(2) a summary of the reports submitted to the office
under this article; and
(3) a copy of each report submitted to the office under
this article.
SECTION 2. Not later than August 1, 2015, the office of the
attorney general shall create the reporting form required under
Article 2.139, Code of Criminal Procedure, as added by this Act.
SECTION 3. This Act takes effect September 1, 2015.