Texas 2015 - 84th Regular

Texas House Bill HB2357 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4155 KJE-D
2	2	By: Gutierrez H.B. No. 2357
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the investigation of deaths involving peace officers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2, Code of Criminal Procedure, is
10	10	amended by adding Article 2.023 to read as follows:
11	11	Art. 2.023. REVIEW OF OFFICER-INVOLVED DEATHS. (a) In this
12	12	article:
13	13	(1) "Law enforcement agency" means an agency of the
14	14	state or an agency of a political subdivision of the state
15	15	authorized by law to employ peace officers.
16	16	(2) "Law enforcement review board" means the board
17	17	established under Section 402.038, Government Code.
18	18	(3) "Officer-involved death" means any death caused by
19	19	a peace officer acting under the authority of the state or a
20	20	political subdivision of the state.
21	21	(b) Each law enforcement agency shall adopt a written policy
22	22	detailing the procedure for investigating officer-involved deaths.
23	23	The policy must require:
24	24	(1) a team of three investigators to investigate the
25	25	officer-involved death, two of whom must be employed by a law
26	26	enforcement agency that does not employ a peace officer involved in
27	27	the death being investigated; and
28	28	(2) if the death being investigated is traffic
29	29	related, the use of a crash reconstruction unit from a law
30	30	enforcement agency that does not employ a peace officer involved in
31	31	the death being investigated.
32	32	(c) A law enforcement agency may conduct an internal
33	33	investigation into an officer-involved death if the internal
34	34	investigation does not interfere with the investigation required
35	35	under Subsection (b) or (e).
36	36	(d) The investigative team established under Subsection (b)
37	37	shall submit a report to the law enforcement review board on the
38	38	officer-involved death on conclusion of the team's investigation.
39	39	(e) As soon as practicable after receiving the
40	40	investigative team's report, the law enforcement review board shall
41	41	review the report and conduct or direct the team to conduct
42	42	additional investigations as necessary. When the review is
43	43	completed, the board may make recommendations as follows:
44	44	(1) regarding prosecution, to the prosecutor with
45	45	felony jurisdiction in the county in which the death occurred; and
46	46	(2) regarding disciplinary measures, to:
47	47	(A) the chief administrator of the law
48	48	enforcement agency that employs the peace officer involved in the
49	49	death being investigated; and
50	50	(B) the Texas Commission on Law Enforcement.
51	51	(f) Not later than 72 hours after the law enforcement review
52	52	board's review is completed, the office of the attorney general
53	53	shall post the investigative team's report and the board's
54	54	recommendations on the office's Internet website, redacting any
55	55	information required to be kept confidential by other law.
56	56	SECTION 2. Subchapter B, Chapter 402, Government Code, is
57	57	amended by adding Section 402.038 to read as follows:
58	58	Sec. 402.038. LAW ENFORCEMENT REVIEW BOARD. (a) In this
59	59	section, "board" means the law enforcement review board established
60	60	under this section.
61	61	(b) The law enforcement review board is established to
62	62	investigate and review each death caused by a peace officer acting
63	63	under the authority of the state or a political subdivision of the
64	64	state, as required by Article 2.023, Code of Criminal Procedure.
65	65	(c) The office of the attorney general shall provide staff,
66	66	a main office, and other support necessary for the board to perform
67	67	the board's duties under this section.
68	68	(d) The board is composed of the following members appointed
69	69	by the governor:
70	70	(1) an assistant attorney general;
71	71	(2) a retired judge as defined by Section 74.041;
72	72	(3) a former district attorney or assistant district
73	73	attorney with at least 10 years' experience in that capacity;
74	74	(4) a former sheriff, chief deputy sheriff, or chief
75	75	of police; and
76	76	(5) a professor or researcher affiliated with a state
77	77	institution of higher education who has expertise in the field of
78	78	criminal law or criminal justice.
79	79	(e) Members of the board serve staggered terms of six years
80	80	with the terms of one or two members expiring February 1 of each
81	81	odd-numbered year. A vacancy on the board is filled in the same
82	82	manner as the original appointment.
83	83	(f) Members of the board serve without compensation but are
84	84	entitled to be reimbursed for reasonable and necessary expenses
85	85	incurred in performing official duties.
86	86	(g) The board shall adopt rules as necessary to implement
87	87	this section.
88	88	SECTION 3. (a) Not later than December 1, 2015, the
89	89	governor shall make the appointments to the law enforcement review
90	90	board as required by Section 402.038, Government Code, as added by
91	91	this Act. In appointing the initial members of the board, the
92	92	governor shall appoint one member to a term expiring February 1,
93	93	2017, two to terms expiring February 1, 2019, and two to terms
94	94	expiring February 1, 2021.
95	95	(b) Not later than January 1, 2016, each law enforcement
96	96	agency shall comply with the requirements under Article 2.023, Code
97	97	of Criminal Procedure, as added by this Act.
98	98	SECTION 4. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2015.