84R20807 KJE-F
By: Johnson H.B. No. 1036
Substitute the following for H.B. No. 1036:
By: Flynn C.S.H.B. No. 1036
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements for certain injuries or deaths
caused by peace officers and for certain injuries or deaths of peace
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.139 and 2.1395 to read as follows:
Art. 2.139. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES
OR DEATHS. (a) In this article:
(1) "Deadly weapon" means:
(A) a firearm or any object manifestly designed,
made, or adapted for the purpose of inflicting death or serious
bodily injury; or
(B) any object that in the manner of its use or
intended use is capable of causing death or serious bodily injury.
(2) "Officer-involved injury or death" means an
incident during which a peace officer discharges a firearm causing
injury or death to another.
(b) The office of the attorney general by rule shall create
a written and electronic form for the reporting by law enforcement
agencies of an officer-involved injury or death. The form must
include spaces to report only the following information:
(1) the date on which the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, and race or ethnicity of each
peace officer involved in the incident;
(4) if known, the age, gender, and race or ethnicity of
each injured or deceased person involved in the incident;
(5) whether the person was injured or died as a result
of the incident; and
(6) whether each injured or deceased person used,
exhibited, or was carrying a deadly weapon during the incident.
(c) Not later than the fifth day after the date of an
officer-involved injury or death, the law enforcement agency
employing an officer involved in the incident 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) Not later than the fifth day after the date of receipt of
a report submitted under Subsection (c), the office of the attorney
general shall post a copy of the report to the office's Internet
website.
(e) Not later than February 1 of each year, the office of the
attorney general shall submit a report regarding all
officer-involved injuries or deaths that occurred during the
preceding 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.
Art. 2.1395. REPORTS REQUIRED FOR CERTAIN INJURIES OR
DEATHS OF PEACE OFFICERS. (a) In this article, "deadly weapon" has
the meaning assigned by Article 2.139.
(b) The office of the attorney general by rule shall create
a written and electronic form for the reporting by law enforcement
agencies of incidents in which, while a peace officer is performing
an official duty, a person who is not a peace officer discharges a
firearm and causes injury or death to the officer. The form must
include spaces to report only the following information:
(1) the date on which the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, and race or ethnicity of each
injured or deceased peace officer involved in the incident;
(4) if known, the age, gender, and race or ethnicity of
each person who discharged a firearm and caused injury or death to a
peace officer involved in the incident;
(5) whether the officer or any other person was
injured or died as a result of the incident; and
(6) whether each injured or deceased person used,
exhibited, or was carrying a deadly weapon during the incident.
(c) Not later than the fifth day after the date of the
occurrence of an incident described by Subsection (b), the law
enforcement agency employing the injured or deceased officer at the
time of the incident must complete and submit a written or
electronic report, using the form created under that subsection, to
the office of the attorney general. A submitted report must include
all information described in Subsection (b).
(d) Not later than February 1 of each year, the office of the
attorney general shall submit a report regarding all incidents
described by Subsection (b) that occurred during the preceding 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 incidents that occurred;
(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 October 1, 2015, the office of the
attorney general shall create the reporting forms required under
Articles 2.139 and 2.1395, Code of Criminal Procedure, as added by
this Act.
SECTION 3. This Act takes effect September 1, 2015.