By: Johnson of Dallas, et al. H.B. No. 245
(Senate Sponsor - Whitmire)
(In the Senate - Received from the House May 15, 2017;
May 16, 2017, read first time and referred to Committee on Criminal
Justice; May 19, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 245 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to certain reporting requirements for law enforcement
agencies and to the creation of a criminal justice web portal by the
office of the attorney general; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 2.139(c) and (e), Code of Criminal
Procedure, as added by Chapter 516 (H.B. 1036), Acts of the 84th
Legislature, Regular Session, 2015, are amended to read as follows:
(c) Not later than the 30th 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 [and, if the
agency maintains an Internet website, post a copy of the report on
the agency's website]. The report must include all information
described in Subsection (b).
(e) Not later than March [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.
SECTION 2. Articles 2.1395(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) Not later than the 30th day after the date of the
occurrence of an incident described by Subsection (a), 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 [and, if the agency maintains an
Internet website, post a copy of the report on the agency's
website]. The report must include all information described in
Subsection (a).
(c) Not later than March [February] 1 of each year, the
office of the attorney general shall submit a report regarding all
incidents described by Subsection (a) 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 3. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.13951 to read as follows:
Art. 2.13951. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS
FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY. (a) The office of
the attorney general shall conduct an investigation after receiving
a written and signed report, on a form prescribed by the office,
asserting that a law enforcement agency failed to submit a report
required by Article 2.139 or 2.1395. If the office determines that
the law enforcement agency failed to submit the report, the office
shall provide notice of the failure to the agency. The notice must
summarize the applicable reporting requirement and state that the
agency may be subject to a civil penalty as provided by Subsection
(b) or (c), as applicable.
(b) Except as provided by Subsection (c), a law enforcement
agency that fails to submit the required report on or before the
seventh day after the date of receiving notice under Subsection (a)
is liable for a civil penalty in the amount of $1,000 for each day
after the seventh day that the agency fails to submit the report.
(c) Beginning on the day after the date of receiving notice
under Subsection (a), a law enforcement agency that, in the
five-year period preceding the date the agency received the notice,
has been liable for a civil penalty under Subsection (b) or this
subsection is liable for a civil penalty for each day the agency
fails to submit the required report. The amount of a civil penalty
under this subsection is $10,000 for the first day and $1,000 for
each additional day that the agency fails to submit the report.
(d) The attorney general may sue to collect a civil penalty
under this article.
(e) A civil penalty collected under this article shall be
deposited to the credit of the compensation to victims of crime fund
established under Subchapter B, Chapter 56.
SECTION 4. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.040 to read as follows:
Sec. 402.040. CRIMINAL JUSTICE WEB PORTAL. (a) The office
of the attorney general shall develop and maintain a web portal to
collect, compile, and analyze data related to criminal justice in
this state. The office shall ensure that the web portal is
accessible through the state electronic Internet portal project.
(b) The attorney general shall direct each law enforcement
agency to submit through the web portal any report required to be
submitted by the agency to the office of the attorney general under
any law, including information reported under Articles 2.139 and
2.1395, Code of Criminal Procedure, but excluding information
reported under Chapter 56, Code of Criminal Procedure.
(c) The web portal must:
(1) provide access to reports submitted to the office
of the attorney general through the web portal, other than reports
that are confidential or protected from disclosure under state or
federal law; and
(2) include an interactive dashboard that provides an
analysis and a visual representation of the data included in the
reports described by Subdivision (1).
(d) The reports and dashboard required by Subsection (c)
must be accessible to the public.
(e) In developing the web portal, the office of the attorney
general may contract or consult with a nonprofit organization that
specializes in web-based data analysis.
SECTION 5. Article 2.139, Code of Criminal Procedure, as
added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature,
Regular Session, 2015, is redesignated as Article 2.1396, Code of
Criminal Procedure, to read as follows:
Art. 2.1396 [2.139]. VIDEO RECORDINGS OF ARRESTS FOR
INTOXICATION OFFENSES. A person stopped or arrested on suspicion
of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal
Code, is entitled to receive from a law enforcement agency
employing the peace officer who made the stop or arrest a copy of
any video made by or at the direction of the officer that contains
footage of:
(1) the stop;
(2) the arrest;
(3) the conduct of the person stopped during any
interaction with the officer, including during the administration
of a field sobriety test; or
(4) a procedure in which a specimen of the person's
breath or blood is taken.
SECTION 6. Not later than September 1, 2018, the office of
the attorney general shall develop the web portal required under
Section 402.040, Government Code, as added by this Act.
SECTION 7. The changes in law made by this Act to Chapter 2,
Code of Criminal Procedure, apply only to a report required to be
submitted on or after the effective date of this Act. A report
required to be submitted before the effective date of this Act is
subject to the law in effect at the time the report was required to
be submitted, and the former law is continued in effect for that
purpose.
SECTION 8. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. This Act takes effect September 1, 2017.
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