| 1 | 1 | | 85R13058 KJE-D |
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| 2 | 2 | | By: West S.B. No. 1617 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the reporting requirements for certain injuries or |
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| 8 | 8 | | deaths caused by peace officers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 2.139(b), Code of Criminal Procedure, as |
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| 11 | 11 | | added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature, |
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| 12 | 12 | | Regular Session, 2015, is amended to read as follows: |
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| 13 | 13 | | (b) The office of the attorney general by rule shall create |
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| 14 | 14 | | a written and electronic form for the reporting by law enforcement |
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| 15 | 15 | | agencies of an officer-involved injury or death. The form must |
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| 16 | 16 | | include spaces to report only the following information: |
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| 17 | 17 | | (1) the date on which the incident occurred; |
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| 18 | 18 | | (2) the location where the incident occurred; |
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| 19 | 19 | | (3) the age, gender, and race or ethnicity of each |
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| 20 | 20 | | peace officer involved in the incident; |
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| 21 | 21 | | (4) if known, the age, gender, and race or ethnicity of |
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| 22 | 22 | | each injured or deceased person involved in the incident; |
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| 23 | 23 | | (5) whether the person was injured or died as a result |
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| 24 | 24 | | of the incident; |
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| 25 | 25 | | (6) whether each injured or deceased person used, |
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| 26 | 26 | | exhibited, or was carrying a deadly weapon during the incident; |
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| 27 | 27 | | (7) whether each peace officer involved in the |
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| 28 | 28 | | incident was on duty during the incident; |
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| 29 | 29 | | (8) whether each peace officer involved in the |
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| 30 | 30 | | incident was responding to an emergency call or a request for |
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| 31 | 31 | | assistance and, if so, whether the officer responded to that call or |
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| 32 | 32 | | request with one or more other peace officers; [and] |
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| 33 | 33 | | (9) whether the incident occurred during or as a |
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| 34 | 34 | | result of: |
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| 35 | 35 | | (A) the execution of a warrant; or |
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| 36 | 36 | | (B) a hostage, barricade, or other emergency |
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| 37 | 37 | | situation; |
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| 38 | 38 | | (10) whether a peace officer conducted a search in |
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| 39 | 39 | | relation to the incident and, if so: |
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| 40 | 40 | | (A) whether the search was conducted pursuant to |
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| 41 | 41 | | a warrant or pursuant to an exception to the warrant requirement, |
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| 42 | 42 | | including consent given by the person searched; and |
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| 43 | 43 | | (B) whether any contraband or other evidence was |
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| 44 | 44 | | discovered in the course of the search and, if so, the nature of the |
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| 45 | 45 | | contraband or evidence; |
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| 46 | 46 | | (11) whether each peace officer who discharged a |
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| 47 | 47 | | firearm during the incident gave a verbal warning before |
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| 48 | 48 | | discharging the firearm; and |
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| 49 | 49 | | (12) whether a citation was issued or an arrest was |
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| 50 | 50 | | made in relation to the incident and, if so, the offense with which |
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| 51 | 51 | | the person was charged. |
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| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2017. |
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