85R11204 SRS-F
By: Coleman H.B. No. 4091
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements for and the availability of
information regarding certain uses of force, injuries, or deaths
caused by peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 2.139, Code of Criminal
Procedure, as added by Chapter 516 (H.B. 1036), Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
Art. 2.139. REPORTS AND INFORMATION REGARDING [REQUIRED
FOR] OFFICER-INVOLVED USES OF FORCE, INJURIES, OR DEATHS.
SECTION 2. Article 2.139(a), Code of Criminal Procedure, as
added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature,
Regular Session, 2015, is amended by amending Subdivision (2) and
adding Subdivision (3) to read as follows:
(2) "Officer-involved injury or death" means an
officer-involved use of force that causes [incident during which a
peace officer discharges a firearm causing] injury or death to
another.
(3) "Officer-involved use of force" means an incident
during which a peace officer uses an action or force to compel
compliance by an unwilling person.
SECTION 3. Article 2.139, Code of Criminal Procedure, as
added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature,
Regular Session, 2015, is amended by amending Subsection (b) and
adding Subsections (b-1) and (f) to read as follows:
(b) The office of the attorney general by rule shall create
a written and electronic form for the recording [reporting] by law
enforcement agencies of information concerning an officer-involved
use of force [injury or death]. The form must include spaces to
record [report] only the following information:
(1) the date on which the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, name, and race or ethnicity of
each peace officer involved in the incident;
(4) [if known,] the age, gender, name, and race or
ethnicity of each person against whom force was used [injured or
deceased person involved] in the incident, including a description
of any injuries sustained by the person;
(5) a detailed description of the use of force,
including a description of the use by a peace officer of a deadly
weapon;
(6) whether the person against whom force was used
[was injured or] died as a result of the incident;
(7) [(6)] a description of whether and how each
[injured or deceased] person against whom force was used[,]
exhibited[,] or was carrying a deadly weapon during the incident;
(8) [(7)] whether each peace officer involved in the
incident was on duty during the incident;
(9) [(8)] whether each peace officer involved in the
incident was responding to an emergency call or a request for
assistance and, if so, whether the officer responded to that call or
request with one or more other peace officers; and
(10) [(9)] whether the incident occurred during or as
a result of:
(A) the execution of a warrant; or
(B) a hostage, barricade, or other emergency
situation.
(b-1) As soon as practicable after an officer-involved use
of force, the law enforcement agency employing an officer involved
in the incident must record the information described by Subsection
(b) regarding the incident.
(f) Notwithstanding any other law, information described by
Subsection (b) is public information under Chapter 552, Government
Code, is not confidential, is not excepted from required
disclosure, and must be disclosed in response to a request under
that chapter. A governmental body must disclose the information
regardless of whether the information is held in a personnel
record, law enforcement record, or other record maintained by or on
behalf of the governmental body.
SECTION 4. Article 2.139(f), Code of Criminal Procedure, as
added by this Act, applies only to a request for information
received by a governmental body or an officer for public
information on or after the effective date of this Act. A request
for information received before the effective date of this Act is
governed by the law in effect when the request was received, and the
former law is continued in effect for that purpose.
SECTION 5. Not later than October 1, 2017, the office of the
attorney general shall adopt rules to implement Article 2.139(b),
Code of Criminal Procedure, as amended by this Act.
SECTION 6. This Act takes effect September 1, 2017.