By: Anchia H.B. No. 3681
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of deaths involving 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 Article 2.023 to read as follows:
Art. 2.023. INVESTIGATION OF OFFICER-INVOLVED DEATHS. (a)
In this article:
(1) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(2) "Officer-involved death" means any death caused by
a peace officer acting under the authority of the state or a
political subdivision of the state.
(b) Each law enforcement agency shall adopt a written policy
detailing the procedure for investigating officer-involved deaths.
The policy must require:
(1) a team of three investigators to investigate the
officer-involved death, two of whom must be employed by a law
enforcement agency that does not employ a peace officer involved in
the death being investigated; and
(2) if the death being investigated is
traffic-related, the use of a crash reconstruction unit from a law
enforcement agency that does not employ a peace officer involved in
the death being investigated.
(c) A law enforcement agency may conduct an internal
investigation into an officer-involved death if the internal
investigation does not interfere with the investigation required
under Subsection (b).
(d) On conclusion of an investigation under Subsection (b),
the investigative team established under that subsection shall
submit a report on the officer-involved death to the prosecutor
with felony jurisdiction in the county in which the death occurred.
(e) Not later than 72 hours after the investigative team's
investigation is completed, the office of the attorney general
shall post the team's report on the office's Internet website,
redacting any information required to be kept confidential by other
law.