Texas 2017 - 85th Regular

Texas House Bill HB4091 Compare Versions

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

Old	New	Differences
1	1	85R11204 SRS-F
2	2	By: Coleman H.B. No. 4091
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reporting requirements for and the availability of
8	8	information regarding certain uses of force, injuries, or deaths
9	9	caused by peace officers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Article 2.139, Code of Criminal
12	12	Procedure, as added by Chapter 516 (H.B. 1036), Acts of the 84th
13	13	Legislature, Regular Session, 2015, is amended to read as follows:
14	14	Art. 2.139. REPORTS AND INFORMATION REGARDING [REQUIRED
15	15	FOR] OFFICER-INVOLVED USES OF FORCE, INJURIES, OR DEATHS.
16	16	SECTION 2. Article 2.139(a), Code of Criminal Procedure, as
17	17	added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature,
18	18	Regular Session, 2015, is amended by amending Subdivision (2) and
19	19	adding Subdivision (3) to read as follows:
20	20	(2) "Officer-involved injury or death" means an
21	21	officer-involved use of force that causes [incident during which a
22	22	peace officer discharges a firearm causing] injury or death to
23	23	another.
24	24	(3) "Officer-involved use of force" means an incident
25	25	during which a peace officer uses an action or force to compel
26	26	compliance by an unwilling person.
27	27	SECTION 3. Article 2.139, Code of Criminal Procedure, as
28	28	added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature,
29	29	Regular Session, 2015, is amended by amending Subsection (b) and
30	30	adding Subsections (b-1) and (f) to read as follows:
31	31	(b) The office of the attorney general by rule shall create
32	32	a written and electronic form for the recording [reporting] by law
33	33	enforcement agencies of information concerning an officer-involved
34	34	use of force [injury or death]. The form must include spaces to
35	35	record [report] only the following information:
36	36	(1) the date on which the incident occurred;
37	37	(2) the location where the incident occurred;
38	38	(3) the age, gender, name, and race or ethnicity of
39	39	each peace officer involved in the incident;
40	40	(4) [if known,] the age, gender, name, and race or
41	41	ethnicity of each person against whom force was used [injured or
42	42	deceased person involved] in the incident, including a description
43	43	of any injuries sustained by the person;
44	44	(5) a detailed description of the use of force,
45	45	including a description of the use by a peace officer of a deadly
46	46	weapon;
47	47	(6) whether the person against whom force was used
48	48	[was injured or] died as a result of the incident;
49	49	(7) [(6)] a description of whether and how each
50	50	[injured or deceased] person against whom force was used[,]
51	51	exhibited[,] or was carrying a deadly weapon during the incident;
52	52	(8) [(7)] whether each peace officer involved in the
53	53	incident was on duty during the incident;
54	54	(9) [(8)] whether each peace officer involved in the
55	55	incident was responding to an emergency call or a request for
56	56	assistance and, if so, whether the officer responded to that call or
57	57	request with one or more other peace officers; and
58	58	(10) [(9)] whether the incident occurred during or as
59	59	a result of:
60	60	(A) the execution of a warrant; or
61	61	(B) a hostage, barricade, or other emergency
62	62	situation.
63	63	(b-1) As soon as practicable after an officer-involved use
64	64	of force, the law enforcement agency employing an officer involved
65	65	in the incident must record the information described by Subsection
66	66	(b) regarding the incident.
67	67	(f) Notwithstanding any other law, information described by
68	68	Subsection (b) is public information under Chapter 552, Government
69	69	Code, is not confidential, is not excepted from required
70	70	disclosure, and must be disclosed in response to a request under
71	71	that chapter. A governmental body must disclose the information
72	72	regardless of whether the information is held in a personnel
73	73	record, law enforcement record, or other record maintained by or on
74	74	behalf of the governmental body.
75	75	SECTION 4. Article 2.139(f), Code of Criminal Procedure, as
76	76	added by this Act, applies only to a request for information
77	77	received by a governmental body or an officer for public
78	78	information on or after the effective date of this Act. A request
79	79	for information received before the effective date of this Act is
80	80	governed by the law in effect when the request was received, and the
81	81	former law is continued in effect for that purpose.
82	82	SECTION 5. Not later than October 1, 2017, the office of the
83	83	attorney general shall adopt rules to implement Article 2.139(b),
84	84	Code of Criminal Procedure, as amended by this Act.
85	85	SECTION 6. This Act takes effect September 1, 2017.