85R14670 TYPED
By: Whitmire S.B. No. 1849
A BILL TO BE ENTITLED
AN ACT
relating to interactions between law enforcement and individuals
detained or arrested on suspicion of the commission of criminal
offenses and the confinement or release of those individuals prior
to prosecution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS
SECTION 1.01. SHORT TITLE. This Act shall be known as the
Sandra Bland Act in memory of Sandra Bland.
SECTION 1.02. PREAMBLE. The events leading up to Sandra
Bland's unnecessary jailing and tragic death sparked statewide and
national outrage. The House Committee on County Affairs held
several hearings during the interim to discuss the circumstances
and policies that led to her death. The Sandra Bland Act aims to
improve and correct Texas' criminal justice system to make it
better for all people and prevent future tragedies like Sandra
Bland's.
SECTION 1.03. FINDINGS. After the tragic death of Sandra
Bland the House Committee on County Affairs held multiple hearings
during the interim of the 84th Texas Legislative Session. The
County Affairs Committee reviewed the facts, circumstances, and
policies that played a factor in the death of Sandra Bland.
The Committee found that there are significant racial
disparities in how the Texas Department of Public Safety treats
Blacks when compared to Whites after they have been pulled over for
a traffic violation. The Committee also found that the way DPS
records and presents the data needs to be improved. This Act will
address these problems by strengthening Texas' racial profiling
law, as well as ensuring that the data Texas collects is robust,
clear, and accurate.
The Committee found reason to believe that Sandra Bland and
many other people are still being stopped for an underlying
pretext. Though pre-textual stops are not the policy of DPS, Texas
law needs to be strengthened to ensure that it does not happen at
DPS or any other law enforcement agency in Texas. The Sandra Bland
Act does this by explicitly outlawing the practice of pretext
stops, as well as outlawing consent searches, and raising the
burden of proof needed to both stop and search vehicles in Texas.
These changes will ensure the rights of all are better protected.
Additionally, the Committee found that it would be beneficial
to the public that all law enforcement would use de-escalation
tactics in all interactions with the public. The officer escalating
the routine traffic stop was the catalyst for the events that led to
the death of Sandra Bland. Implementing policies that better train
officers to de-escalate interactions with the public will keep us
all safer and prevent future tragedies.
The Committee also found that far too many people are being
brought to jail and remaining there unnecessarily like Sandra
Bland. The Committee found that policies of diverting people who
are in crisis and running afoul of the law either due to their
mental health or substance abuse would be better served being
diverted into treatment, rather than cycled through the jail system
and released with the same problems that caused them to get arrested
previously. The Committee found suspending medical benefits upon
detention instead of terminating them to ensure there are not gaps
in treatment would help elevate this revolving door problem.
Sandra Bland was also arrested for a fine-only offense. It is
not logical and potentially unconstitutional to send someone to
jail for an offense that carries no penalty of jail time. Sandra
Bland, like many people currently in jail waiting for their trial,
are unable to pay their bail. Many of these individuals pose no risk
to the community nor are they a flight risk. Yet, the Committee
found that county jails are spending millions of dollars every year
combined to house these inmates who have yet to be proven guilty.
Hence, this Act will increase diversion by creating policies to
encourage it, and supporting funding for places where people can be
diverted to. Additionally, this Act will create policies aimed at
properly increasing the use of personal recognizance bonds. If
these policies would have been in place, there is good reason to
believe Sandra Bland would still be alive.
The Committee found that Sandra Bland died in jail because
our jails are not as safe as they could be, and that people who have
yet to be proven guilty and even those proven guilty should not be
subject to the dangers found in our jails. To address that issue
this Act improves training for our jailers, requires jails to have
medical personnel present and access to a mental health
professional either in person or through telemental health at all
times, and automated electronic sensors to ensure accurate cell
checks. This Act also creates a grant program to ensure that all
County jails will be able to afford these necessary changes.
ARTICLE 2. IDENTIFICATION AND DIVERSION OF PERSONS SUSPECTED OF
HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY
SECTION 2.01. Article 16.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
RETARDATION]. (a) (1) Not later than 24 [72] hours after
receiving credible information that may establish reasonable cause
to believe that a defendant committed to the sheriff's custody has a
mental illness or is a person with an intellectual disability
[mental retardation], including observation of the defendant's
behavior immediately before, during, and after the defendant's
arrest and the results of any previous assessment of the defendant,
the sheriff shall provide written or electronic notice of the
information to the magistrate. On a determination that there is
reasonable cause to believe that the defendant has a mental illness
or is a person with an intellectual disability [mental
retardation], the magistrate, except as provided by Subdivision
(2), shall order the local mental health or intellectual and
developmental disability [mental retardation] authority or another
qualified mental health or intellectual disability [mental
retardation] expert to:
(A) collect information regarding whether the
defendant has a mental illness as defined by Section 571.003,
Health and Safety Code, or is a person with an intellectual
disability [mental retardation] as defined by Section 591.003,
Health and Safety Code, including information obtained from any
previous assessment of the defendant; and
(B) provide to the magistrate a written
assessment of the information collected under Paragraph (A).
(2) The magistrate is not required to order the
collection of information under Subdivision (1) if the defendant in
the year preceding the defendant's applicable date of arrest has
been determined to have a mental illness or to be a person with an
intellectual disability [mental retardation] by the local mental
health or intellectual and developmental disability [mental
retardation] authority or another mental health or intellectual
disability [mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous
determination may proceed under Subsection (c).
(3) If the defendant fails or refuses to submit to the
collection of information regarding the defendant as required under
Subdivision (1), the magistrate may order the defendant to submit
to an examination in a mental health facility determined to be
appropriate by the local mental health or intellectual and
developmental disability [mental retardation] authority for a
reasonable period not to exceed 21 days. The magistrate may order a
defendant to a facility operated by the Department of State Health
Services or the Health and Human Services Commission [Department of
Aging and Disability Services] for examination only on request of
the local mental health or intellectual and developmental
disability [mental retardation] authority and with the consent of
the head of the facility. If a defendant who has been ordered to a
facility operated by the Department of State Health Services or the
Health and Human Services Commission [Department of Aging and
Disability Services] for examination remains in the facility for a
period exceeding 21 days, the head of that facility shall cause the
defendant to be immediately transported to the committing court and
placed in the custody of the sheriff of the county in which the
committing court is located. That county shall reimburse the
facility for the mileage and per diem expenses of the personnel
required to transport the defendant calculated in accordance with
the state travel regulations in effect at the time.
(b) A written assessment of the information collected under
Subsection (a)(1)(A) shall be provided to the magistrate not later
than the 30th day after the date of any order issued under
Subsection (a) in a felony case and not later than the 10th day
after the date of any order issued under that subsection in a
misdemeanor case, and the magistrate shall provide copies of the
written assessment to the defense counsel, the prosecuting
attorney, and the trial court. The written assessment must include
a description of the procedures used in the collection of
information under Subsection (a)(1)(A) and the applicable expert's
observations and findings pertaining to:
(1) whether the defendant is a person who has a mental
illness or is a person with an intellectual disability [mental
retardation];
(2) whether there is clinical evidence to support a
belief that the defendant may be incompetent to stand trial and
should undergo a complete competency examination under Subchapter
B, Chapter 46B; and
(3) recommended treatment.
(c) After the trial court receives the applicable expert's
written assessment relating to the defendant under Subsection (b)
or elects to use the results of a previous determination as
described by Subsection (a)(2), the trial court may, as applicable:
(1) resume criminal proceedings against the
defendant, including any appropriate proceedings related to the
defendant's release on personal bond under Article 17.032;
(2) resume or initiate competency proceedings, if
required, as provided by Chapter 46B or other proceedings affecting
the defendant's receipt of appropriate court-ordered mental health
or intellectual disability [mental retardation] services,
including proceedings related to the defendant's receipt of
outpatient mental health services under Section 574.034, Health and
Safety Code; or
(3) consider the written assessment during the
punishment phase after a conviction of the offense for which the
defendant was arrested, as part of a presentence investigation
report, or in connection with the impositions of conditions
following placement on community supervision, including deferred
adjudication community supervision.
(d) This article does not prevent the applicable court from,
before, during, or after the collection of information regarding
the defendant as described by this article:
(1) releasing a defendant who has a mental illness
[mentally ill] or is a person with an intellectual disability
[mentally retarded defendant] from custody on personal or surety
bond; or
(2) ordering an examination regarding the defendant's
competency to stand trial.
SECTION 2.02. Chapter 16, Code of Criminal Procedure, is
amended by adding Article 16.23 to read as follows:
Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH
CRISIS OR SUBSTANCE ABUSE. Each peace officer shall make a good
faith effort to divert a person suffering a mental health crisis or
substance abuse to a proper treatment center in the officer's
jurisdiction if:
(1) it is reasonably possible to divert the person;
(2) the offense that the person is accused of is a
misdemeanor, other than a misdemeanor involving violence; and
(3) the crisis or abuse is suspected to be the reason
the person committed the alleged offense.
SECTION 2.03. Article 539.002, Government Code, is amended
to read as follows:
Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF
COMMUNITY COLLABORATIVES. (a) To the extent funds are
appropriated to the department for that purpose, the department
shall make grants to entities, including local governmental
entities, nonprofit community organizations, and faith-based
community organizations, to establish or expand community
collaboratives that bring the public and private sectors together
to provide services to persons experiencing homelessness,
substance abuse, and mental illness. [The department may make a
maximum of five grants, which must be made in the most populous
municipalities in this state that are located in counties with a
population of more than one million.] In awarding grants, the
department shall give special consideration to entities:
(1) establishing a new collaborative; and
(2) to collaboratives that serve multiple continues
counties with individual populations below 50,000.
(b) The department shall require each entity awarded a grant
under this section to:
(1) leverage additional funding from private sources
in an amount that is at least equal to the amount of the grant
awarded under this section; [and]
(2) provide evidence of significant coordination and
collaboration between the entity, local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in establishing or expanding a community
collaborative funded by a grant awarded under this section; and
(3) provide evidence of a local law enforcement policy
to divert appropriate persons from jails or other detention
facilities to an entity affiliated with a community collaborative
for services.
SECTION 2.04. Chapter 539, Government Code, is amended by
adding Articles 539.0051 to read as follows:
Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY
COLLABORATIVES. (a) The governing body of a county shall develop
and make public a plan detailing:
(1) how local mental health authorities,
municipalities, local law enforcement agencies, and other
community stakeholders in the county could coordinate to establish
or expand a community collaborative to accomplish the goals of
Section 539.002;
(2) how entities in the county may leverage funding
from private sources to accomplish the goals of Section 539.002
through the formation or expansion of a community collaborative;
and
(3) how the formation or expansion of a community
collaborative could establish or support resources or services to
help local law enforcement agencies to divert persons who have been
arrested to appropriate mental health care.
(b) The governing body of a county in which an entity that
received a grant under Section 539.002 before September 1, 2017, is
located is not required to develop a plan under Subsection (a).
(c) Counties with a population under 50,000 may work with
multiple other counties that touch them that also have a population
under 50,000 to form a joint plan.
SECTION 2.05. Subchapter B, Chapter 32, Human Resources
Code, is amended by adding Section 32.0264 to read as follows:
Sec. 32.0264. SUSPENSION, TERMINATION, AND AUTOMATIC
REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY
JAILS. (a) In this section, "county jail" means a facility
operated by or for a county for the confinement of persons accused
or convicted of an offense.
(b) If an individual is confined in a county jail because
the individual has been charged with but not convicted of an
offense, the commission shall suspend the individual's eligibility
for medical assistance during the period the individual is confined
in the county jail.
(c) If an individual is confined in a county jail because
the individual has been convicted of an offense, the commission
shall, as appropriate:
(1) terminate the individual's eligibility for medical
assistance; or
(2) suspend the individual's eligibility during the
period the individual is confined in the county jail.
(d) Not later than 48 hours after the commission is notified
of the release from a county jail of an individual whose eligibility
for medical assistance has been suspended under this section, the
commission shall reinstate the individual's eligibility, provided
the individual's eligibility certification period has not elapsed.
Following the reinstatement, the individual remains eligible until
the expiration of the period for which the individual was certified
as eligible.
SECTION 2.06. Subchapter C, Chapter 351, Local Government
Code, is amended by adding Section 351.046 to read as follows:
Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
The sheriff of a county may notify the Health and Human Services
Commission:
(1) on the confinement in the county jail of an
individual who is receiving medical assistance benefits under
Chapter 32, Human Resources Code; and
(2) on the conviction of a prisoner who, immediately
before the prisoner's confinement in the county jail, was receiving
medical assistance benefits.
(b) If the sheriff of a county chooses to provide the
notices described by Subsection (a), the sheriff shall provide the
notices electronically or by other appropriate means as soon as
possible and not later than the 30th day after the date of the
individual's confinement or prisoner's conviction, as applicable.
(c) The sheriff of a county may notify:
(1) the United States Social Security Administration
of the release or discharge of a prisoner who, immediately before
the prisoner's confinement in the county jail, was receiving:
(A) Supplemental Security Income (SSI) benefits
under 42 U.S.C. Section 1381 et seq.; or
(B) Social Security Disability Insurance (SSDI)
benefits under 42 U.S.C. Section 401 et seq.; and
(2) the Health and Human Services Commission of the
release or discharge of a prisoner who, immediately before the
prisoner's confinement in the county jail, was receiving medical
assistance benefits.
(d) If the sheriff of a county chooses to provide the
notices described by Subsection (c), the sheriff shall provide the
notices electronically or by other appropriate means not later than
48 hours after the prisoner's release or discharge from custody.
(e) If the sheriff of a county chooses to provide the
notices described by Subsection (c), at the time of the prisoner's
release or discharge, the sheriff shall provide the prisoner with a
written copy of each applicable notice and a phone number at which
the prisoner may contact the Health and Human Services Commission
regarding confirmation of or assistance relating to reinstatement
of the individual's eligibility for medical assistance benefits, if
applicable.
(f) The Health and Human Services Commission shall
establish a means by which the sheriff of a county, or an employee
of the county or sheriff, may determine whether an individual
confined in the county jail is or was, as appropriate, receiving
medical assistance benefits under Chapter 32, Human Resources Code,
for purposes of this section.
(g) The county or sheriff, or an employee of the county or
sheriff, is not liable in a civil action for damages resulting from
a failure to comply with this section.
SECTION 2.07. Sections 32.0264(a)-(c), Human Resources
Code, and Section 351.046(a), Local Government Code, as added by
this Act, apply to an individual whose period of confinement in a
county jail begins on or after the effective date of this Act,
regardless of the date the individual was determined eligible for
medical assistance under Chapter 32, Human Resources Code.
SECTION 2.08. Section 32.0264(d), Human Resources Code, and
Section 351.046(c), Local Government Code, as added by this Act,
apply to the release or discharge of a prisoner from a county jail
that occurs on or after the effective date of this Act, regardless
of the date the prisoner was initially confined in the county jail.
SECTION 2.09. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
ARTICLE 3. BAIL AND PRETRIAL RELEASE
SECTION 3.01. Article 17.03, Code of Criminal Procedure, is
amended by amending Subsections (a) and (c) and adding Subsection
(b-1) to read as follows:
(a) Except as provided by Subsection (b) or (b-1) [of this
article], a magistrate may, in the magistrate's discretion, release
the defendant on [his] personal bond without sureties or other
security.
(b-1) Notwithstanding any other law, a magistrate shall
release on personal bond a defendant who is not charged with and has
not been previously convicted of a violent offense unless the
magistrate finds good cause to justify not releasing the defendant
on personal bond.
(c) When setting a personal bond under this chapter, on
reasonable belief by the investigating or arresting law enforcement
agent or magistrate of the presence of a controlled substance in the
defendant's body or on the finding of drug or alcohol abuse related
to the offense for which the defendant is charged, the court or a
magistrate may [shall] require as a condition of personal bond that
the defendant submit to testing for alcohol or a controlled
substance in the defendant's body and participate in an alcohol or
drug abuse treatment or education program if such a condition will
serve to reasonably assure the appearance of the defendant for
trial.
SECTION 3.02. The heading to Article 17.032, Code of
Criminal Procedure, is amended to read as follows:
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY
ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
SECTION 3.03. Articles 17.032(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) A magistrate shall release a defendant on personal bond
unless good cause is shown otherwise if the:
(1) defendant is not charged with and has not been
previously convicted of a violent offense;
(2) defendant is examined by the local mental health
or intellectual and developmental disability [mental retardation]
authority or another mental health expert under Article 16.22 [of
this code];
(3) applicable expert, in a written assessment
submitted to the magistrate under Article 16.22:
(A) concludes that the defendant has a mental
illness or is a person with an intellectual disability [mental
retardation] and is nonetheless competent to stand trial; and
(B) recommends mental health treatment for the
defendant; and
(4) magistrate determines, in consultation with the
local mental health or intellectual and developmental disability
[mental retardation] authority, that appropriate community-based
mental health or intellectual disability [mental retardation]
services for the defendant are available through the [Texas]
Department of State [Mental] Health Services [and Mental
Retardation] under Section 534.053, Health and Safety Code, or
through another mental health or intellectual disability [mental
retardation] services provider.
(c) The magistrate, unless good cause is shown for not
requiring treatment, shall require as a condition of release on
personal bond under this article that the defendant submit to
outpatient or inpatient mental health or intellectual disability
[mental retardation] treatment as recommended by the local mental
health or intellectual and developmental disability [mental
retardation] authority if the defendant's:
(1) mental illness or intellectual disability [mental
retardation] is chronic in nature; or
(2) ability to function independently will continue to
deteriorate if the defendant is not treated.
SECTION 3.04. Article 17.033, Code of Criminal Procedure,
is amended to read as follows:
Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED
WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a
person who is arrested without a warrant and who is detained in jail
must be released on personal bond[, in an amount not to exceed
$5,000,] not later than the 24th hour after the person's arrest if
the person was arrested for a misdemeanor and a magistrate has not
determined whether probable cause exists to believe that the person
committed the offense. [If the person is unable to obtain a surety
for the bond or unable to deposit money in the amount of the bond,
the person must be released on personal bond.]
(b) Except as provided by Subsection (c), a person who is
arrested without a warrant and who is detained in jail must be
released on bond, in an amount not to exceed $5,000 [$10,000], not
later than the 24th [48th] hour after the person's arrest if the
person was arrested for a felony and a magistrate has not determined
whether probable cause exists to believe that the person committed
the offense. If the person is unable to obtain a surety for the bond
or unable to deposit money in the amount of the bond, the person
must be released on personal bond.
(c) On the filing of an application by the attorney
representing the state, a magistrate may postpone the release of a
person under Subsection (a)[, (a-1),] or (b) for not more than 48
[72] hours after the person's arrest. An application filed under
this subsection must state the reason a magistrate has not
determined whether probable cause exists to believe that the person
committed the offense for which the person was arrested.
(d) The time limits imposed by Subsections (a)[, (a-1),] and
(b) do not apply to a person arrested without a warrant who is taken
to a hospital, clinic, or other medical facility before being taken
before a magistrate under Article 15.17. For a person described by
this subsection, the time limits imposed by Subsections (a)[,
(a-1),] and (b) begin to run at the time, as documented in the
records of the hospital, clinic, or other medical facility, that a
physician or other medical professional releases the person from
the hospital, clinic, or other medical facility.
SECTION 3.05. Article 25.03 and 25.04, Code of Criminal
Procedure, is amended to read as follows:
Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case
of felony, is on bail at the time the indictment is presented, [it
is not necessary to serve him with a copy, but] the clerk shall [on
request] deliver a copy of the same to the accused or his counsel,
at the earliest possible time.
Art. 25.04. IN MISDEMEANOR. In misdemeanors, it shall
[not] be necessary before trial to furnish the accused with a copy
of the indictment or information; [but he or his counsel may demand
a copy, which shall be given as early as possible.] the clerk shall
deliver a copy of the same to the accused or his counsel, at the
earliest possible time.
SECTION 3.06. Chapter 511, Government Code, is amended by
adding Section 511.009(a)(21-23) to read as follows:
(21) adopt reasonable rules establishing minimum
standards for jails regarding use of force, prevention of sexual
assault, the management of intoxicated inmates, and the continuity
of medication for inmates upon entry and release from the jail.
(22) adopt reasonable standards for jails in
establishing guidelines for inmate safety that include requiring
jails to have:
(A) 24 hour access to a mental health
professional either on site or through a telemental health service;
(B) automated electronic sensors to ensure
accurate and timely cell checks; and
(C) on-duty nurse or EMT for all shifts.
(23) adopt a chief command position exam that the
person assigned to the chief command position overseeing a county
jail must pass.
(A) The chief command position exam may be taken
at any testing center, and the testing center may charge a
reasonable fee up to $50 for administering and grading the exam.
(24) The commission shall adopt reasonable rules and
procedures establishing minimum standards regarding the continuity
of prescription medications for the care and treatment of inmates
and prisoners in county jails. The rules and procedures shall
require that inmates and prisoners who are determined to be
lawfully taking a prescription medication when they enter the
county jail be maintained on that same prescription medication
until a qualified health care professional directs otherwise upon
individualized consideration.
SECTION 3.07. Chapter 511, Government Code, is amended by
adding Section 511.019 to read as follows:
Sec. 511.019. COUNTY INMATE SAFETY FUND. (a) The County
Inmate Safety Fund is a dedicated account in the general revenue
fund.
(b) The County Inmate Safety Fund consists of:
(1) appropriations of money to the fund by the
legislature; and
(2) gifts, grants, including grants from the federal
government, and other donations received for the fund.
(e) The Commission shall only make grants to county jails
with a certified capacity of 96 inmates or below.
(d) Money in the fund may be appropriated only to the
commission to pay for capital improvements that are required under
section 511.009(a)(22).
(e) The commission by rule may establish a grant program to
provide grants to counties to fund programs, training, or capital
improvements described by Subsection (c).
SECTION 3.08. Chapter 511, Government Code, is amended by
adding Section 511.020 to read as follows:
Sec. 511.020. COLLECTION OF SERIOUS INCIDENTS. (a) The
Sheriff of each county jail shall report on a monthly basis to the
Commission the occurrence in their jail of:
(1) suicides;
(2) attempted suicides;
(3) deaths;
(4) serious injuries;
(5) assaults;
(6) escapes;
(7) sexual assaults; and
(8) uses of force.
(b) The Commission shall make this data available to the
public, and shall produce a monthly report of the data.
SECTION 3.09. Chapter 511, Government Code, is amended by
adding Section 511.1 to read as follows:
Sec. 511.1 OUTSIDE INVESTIGATION OF JAIL DEATHS. (a) The
Department of Public Safety shall appoint a law enforcement agency
other than that who operates the county jail where an inmate's death
happened to investigate that inmate's death as soon as applicable.
(b) The law enforcement agency that operates the county jail
where the inmate's death occurred shall begin and conduct the
investigation until the other law enforcement agency is named and
begins their investigation.
(c) The law enforcement agency that operates the county jail
where the inmate's death occurred shall hand over all evidence and
be complete compliance with the law enforcement agency assigned to
the investigation.
SECTION 3.10. The changes in law made by this article to
Articles 17.03 and 17.032, Code of Criminal Procedure, apply only
to a personal bond that is executed on or after the effective date
of this Act. A personal bond executed before the effective date of
this Act is governed by the law in effect when the personal bond was
executed, and the former law is continued in effect for that
purpose.
SECTION 3.11. The change in law made by this article to
Article 17.033, 25.03, and 25.04, Code of Criminal Procedure,
applies only to a person who is arrested on or after the effective
date of this Act. A person arrested before the effective date of
this Act is governed by the law in effect on the date the person was
arrested, and the former law is continued in effect for that
purpose.
SECTION 3.12. 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 3.13. The change in law made by this article to
Article 511, Government Code, applies only to events on or after the
effective date of this Act.
SECTION 3.14. The change in law made by this article to
Article 511.009(a)(22), Government Code, The Commission shall
adopt rules by September 1, 2018, and county jails must be in
compliance by September 1, 2020.
SECTION 3.15. The chief command position exam described in
Article 511.009(a)(23), Government Code, shall be developed by the
Criminal Justice Department at Sam Houston University with input
and approval from the Texas Commission on Jail Standards.
ARTICLE 4. PEACE OFFICER TRAINING
SECTION 4.01. Section 1701.253, Occupations Code, is
amended by amending Subsections (c), (h), and (j) and adding
Subsection (n) to read as follows:
(c) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on civil rights, racial sensitivity, implicit
bias, and cultural diversity for persons licensed under this
chapter.
(h) As part of the minimum curriculum requirements, the
commission shall establish a statewide comprehensive education and
training program on racial profiling for officers licensed under
this chapter. An officer shall complete a program established
under this subsection not later than the first [second] anniversary
of the date the officer is licensed under this chapter or the date
the officer applies for an intermediate proficiency certificate,
whichever date is earlier.
(j) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a 40-hour statewide
education and training program on de-escalation and crisis
intervention techniques to facilitate interaction with persons
with mental impairments. An officer shall complete the program not
later than the first [second] anniversary of the date the officer is
licensed under this chapter or the date the officer applies for an
intermediate proficiency certificate, whichever date is earlier.
An officer may not satisfy the requirements of this subsection
[section] or Section 1701.402(g) by taking an online course on
de-escalation and crisis intervention techniques to facilitate
interaction with persons with mental impairments.
(n) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a statewide
education and training program on de-escalation techniques to
facilitate interaction with members of the public, including
techniques for limiting the use of force. An officer shall complete
the program not later than the first anniversary of the date the
officer is licensed under this chapter or the date the officer
applies for an intermediate proficiency certificate, whichever
date is earlier. An officer may not satisfy the requirements of
this subsection or Section 1701.402(n) by taking an online course.
SECTION 4.02. Section 1701.310, Occupations Code, is
amended by amending Subsections (a) to read as follows:
Sec. 1701.310. APPOINTMENT OF COUNTY JAILER; TRAINING
REQUIRED. (a) Except as provided by Subsection (e), a person may
not be appointed as a county jailer, except on a temporary basis,
unless the person has satisfactorily completed a preparatory
training program which includes 24 hours of training to facilitate
interaction with persons with mental impairments, as required by
the commission, in the operation of a county jail at a school
operated or licensed by the commission.
SECTION 4.03. Section 1701.310, Occupations Code, is
amended by adding Subsections (f) to read as follows:
(f) A person assigned by the sheriff to the chief command
position overseeing a county jail shall within 90 days of being
assigned to the chief command position overseeing a county jail
pass the chief command position exam.
(1) If a person assigned to the chief command position
overseeing a county jail fails the chief command position exam they
shall be immediately removed, and be unable to be reinstated until
they pass the chief command position exam.
(2) A person who fails the chief command position exam
must wait a minimum of 90 days to retake the exam.
(3) The Sheriff of the County in which the jail is
located shall hold the chief command position until a new person is
appointed, or the person originally assigned has passed the chief
command position exam.
SECTION 4.03. Section 1701.352, Occupations Code, is
amended by amending Subsections (b) and (e) and adding Subsection
(j) to read as follows:
(b) The commission shall require a state, county, special
district, or municipal agency that appoints or employs peace
officers to provide each peace officer with a training program at
least once every 48 months that is approved by the commission and
consists of:
(1) topics selected by the agency; and
(2) for an officer holding only a basic proficiency
certificate, not more than 20 hours of education and training that
contain curricula incorporating the learning objectives developed
by the commission regarding:
(A) civil rights, racial sensitivity, implicit
bias, and cultural diversity;
(B) de-escalation and crisis intervention
techniques to facilitate interaction with persons with mental
impairments; [and]
(C) de-escalation techniques to facilitate
interaction with members of the public, including techniques for
limiting the use of force; and
(D) unless determined by the agency head to be
inconsistent with the officer's assigned duties:
(i) the recognition and documentation of
cases that involve child abuse or neglect, family violence, and
sexual assault; and
(ii) issues concerning sex offender
characteristics.
(e) The commission may require a state, county, special
district, or municipal agency that appoints or employs a reserve
law enforcement officer, county jailer, or public security officer
to provide each of those persons with education and training in
civil rights, racial sensitivity, implicit bias, and cultural
diversity at least once every 48 months.
(j) The education and training program on de-escalation
techniques to facilitate interaction with members of the public
under Subsection (b)(2)(C) may not be provided as an online course.
SECTION 4.04. Section 1701.402, Occupations Code, is
amended by amending Subsection (i) and adding Subsection (n) to
read as follows:
(i) As a requirement for an intermediate proficiency
certificate, an officer must complete an education and training
program on civil rights, racial sensitivity, implicit bias, and
cultural diversity established by the commission under Section
1701.253(c).
(n) As a requirement for an intermediate proficiency
certificate or an advanced proficiency certificate, an officer must
complete the education and training program regarding
de-escalation techniques to facilitate interaction with members of
the public established by the commission under Section 1701.253(n).
SECTION 4.05. Not later than January 1, 2018, the Texas
Commission on Law Enforcement shall establish or modify training
programs as necessary to comply with Section 1701.253, Occupations
Code, as amended by this article.
ARTICLE 5. PRETEXT STOPS, RACIAL PROFILING, AND ISSUANCE OF
CITATIONS
SECTION 5.01. Article 2.13, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) The officer may not:
(1) conduct a search based solely on a person's consent
to the search; or
(2) make a stop for an alleged violation of a traffic
law or ordinance as a pretext for investigating a violation of
another penal law.
SECTION 5.02. Article 2.132, Code of Criminal Procedure, is
amended by amending Subsections (b), (c), and (e) and adding
Subsections (h) and (i) to read as follows:
(b) Each law enforcement agency in this state shall adopt a
detailed written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's
complaint process, including providing the information regarding
the complaint process on each ticket, citation, or warning issued
by a peace officer;
(5) require appropriate corrective action to be taken
against a peace officer employed by the agency who, after an
investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
(6) require collection of information relating to all
motor vehicle stops [in which a citation is issued and to arrests
made as a result of those stops], including information relating
to:
(A) the race or ethnicity of the individual
detained;
(B) whether a search was conducted [and, if so,
whether the individual detained consented to the search]; and
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual; [and]
(D) whether the peace officer used physical force
against anyone during the stop; and
(7) require the chief administrator of the agency,
regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected
under Subdivision (6) to:
(A) the Texas Commission on Law Enforcement; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
(c) The data collected as a result of the reporting
requirements of this article shall not constitute prima facie
evidence of racial profiling but is admissible in a court of law as
evidence of racial profiling.
(e) A report required under Subsection (b)(7) may not
include identifying information about a peace officer who makes a
motor vehicle stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the collection
of information as required by a policy under Subsection (b)(6).
(h) A law enforcement agency shall review the data collected
under Subsection (b)(6) to determine whether the number of vehicles
driven by a member of a particular race or ethnicity stopped by any
peace officer employed by the agency is disproportionate to the
population of that race or ethnicity in the county or municipality
served by the agency.
(i) If a law enforcement agency determines that the number
of vehicles driven by a member of a particular race or ethnicity
stopped by a peace officer is disproportionate, as described by
Subsection (h), the agency shall conduct an investigation of the
officer to determine whether the officer routinely stops vehicles
the drivers of which are members of a particular racial or ethnic
group for alleged violations of traffic laws or ordinances as a
pretext for investigating violations of other penal laws.
SECTION 5.03. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.1321 and 2.1322 to read as follows:
Art. 2.1321. RACIAL PROFILING INVESTIGATIONS. (a) The
chief administrator of a law enforcement agency, regardless of
whether the administrator is elected, employed, or appointed, shall
annually review the data collected by the agency on racial
profiling to determine if:
(1) racial profiling is potentially occurring on an
agency-wide level; or
(2) an individual peace officer may be engaging in
racial profiling.
(b) On a finding by the chief administrator of potential
racial profiling on an agency-wide basis or by an individual peace
officer, the agency shall initiate an investigation into the
potential racial profiling.
(c) The chief administrator of each law enforcement agency
shall annually certify to the Texas Commission on Law Enforcement
that the chief administrator conducted the review required by
Subsection (a).
(d) On a finding by the Texas Commission on Law Enforcement
that the chief administrator of a law enforcement agency
intentionally failed to conduct a review required by Subsection
(a), the commission shall begin disciplinary procedures against the
chief administrator.
Art. 2.1322. REQUIRED RACIAL PROFILING COUNSELING AND
TRAINING FOR CERTAIN PEACE OFFICERS. (a) If an investigation
initiated under Article 2.132 or 2.1321 results in a finding of
racial profiling, the law enforcement agency shall provide
appropriate counseling and training to any peace officer found to
have engaged in racial profiling.
(b) The counseling and training under Subsection (a) must:
(1) emphasize understanding and respect for racial and
cultural differences;
(2) address racial and cultural biases; and
(3) include effective, noncombative methods of
carrying out law enforcement duties in a racially and culturally
diverse environment.
(c) If, after a peace officer completes the counseling and
training under Subsection (a), the officer is again found to have
engaged in racial profiling, the law enforcement agency shall:
(1) suspend the officer for not less than six months;
and
(2) require the officer to repeat the counseling and
training under Subsection (a).
SECTION 5.04. Article 2.133, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) A peace officer who stops a motor vehicle for an alleged
violation of a law or ordinance shall report to the law enforcement
agency that employs the officer information relating to the stop,
including:
(1) a physical description of any person operating the
motor vehicle who is detained as a result of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by
the person or, if the person does not state the person's race or
ethnicity, as determined by the officer to the best of the officer's
ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a result
of the stop [and, if so, whether the person detained consented to
the search];
(4) whether any contraband or other evidence was
discovered in the course of the search and a description of the
contraband or evidence;
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain
view;
(B) any probable cause or reasonable suspicion
existed to perform the search; or
(C) the search was performed as a result of the
towing of the motor vehicle or the arrest of any person in the motor
vehicle;
(6) whether the officer made an arrest as a result of
the stop or the search, including a statement of whether the arrest
was based on a violation of the Penal Code, a violation of a traffic
law or ordinance, or an outstanding warrant and a statement of the
offense charged;
(7) the street address or approximate location of the
stop; [and]
(8) whether the officer issued a verbal or written
warning or a citation as a result of the stop; and
(9) whether the officer used physical force in
conjunction with the arrest.
(c) The chief administrator of a law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, shall make periodic random and unannounced reviews of
motor vehicle stops by peace officers employed by the agency to
ensure that the race or ethnicity of the person operating the motor
vehicle is being properly identified in the report under Subsection
(b).
SECTION 5.05. Articles 2.134(c), (d), and (f), Code of
Criminal Procedure, are amended to read as follows:
(c) A report required under Subsection (b) must be submitted
by the chief administrator of the law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable jurisdiction, of persons who
are recognized as racial or ethnic minorities and persons who are
not recognized as racial or ethnic minorities; [and]
(B) examine the disposition of motor vehicle
stops made by officers employed by the agency, categorized
according to the race or ethnicity of the affected persons, as
appropriate, including any searches resulting from stops within the
applicable jurisdiction; and
(C) evaluate and compare the number of searches
resulting from motor vehicle stops within the applicable
jurisdiction and whether contraband or other evidence was
discovered in the course of those searches;
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling; and
(3) information relating the number of investigations
initiated under Article 2.1321, and the outcomes of the
investigations.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a motor
vehicle stop or about an individual who is stopped or arrested by a
peace officer. This subsection does not affect the reporting of
information required under Article 2.133(b)(1).
(f) The data collected as a result of the reporting
requirements of this article shall not constitute prima facie
evidence of racial profiling but is admissible in a court of law as
evidence of racial profiling.
SECTION 5.06. Article 2.137, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
Department of Public Safety shall adopt rules for providing funds
or video and audio equipment to law enforcement agencies for the
purposes [purpose] of providing counseling and training for peace
officers to prevent racial profiling and installing video and audio
equipment in law enforcement motor vehicles and motorcycles [as
described by Article 2.135(a)(1)(A)], including specifying
criteria to prioritize funding or equipment provided to law
enforcement agencies. The criteria may include consideration of
tax effort, financial hardship, available revenue, and budget
surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace
officers whose primary duty is traffic enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with
an institution of higher education to identify law enforcement
agencies that need funds or video and audio equipment for the
purposes [purpose] of providing counseling and training for peace
officers to prevent racial profiling and installing video and audio
equipment in law enforcement motor vehicles and motorcycles [as
described by Article 2.135(a)(1)(A)]. The collaboration may
include the use of a survey to assist in developing criteria to
prioritize funding or equipment provided to law enforcement
agencies.
(c) To receive funds or video and audio equipment from the
state for the purposes [purpose] of providing counseling and
training for peace officers to prevent racial profiling and
installing video and audio equipment in law enforcement motor
vehicles and motorcycles [as described by Article 2.135(a)(1)(A)],
the governing body of a county or municipality, in conjunction with
the law enforcement agency serving the county or municipality,
shall certify to the Department of Public Safety that the law
enforcement agency needs funds or video and audio equipment for
those purposes [that purpose].
(d) On receipt of funds or video and audio equipment from
the state for the purposes [purpose] of providing counseling and
training for peace officers to prevent racial profiling and
installing video and audio equipment in law enforcement motor
vehicles and motorcycles [as described by Article 2.135(a)(1)(A)],
the governing body of a county or municipality, in conjunction with
the law enforcement agency serving the county or municipality,
shall certify to the Department of Public Safety that the law
enforcement agency has installed and is using video and audio
equipment for those purposes [as described by Article
2.135(a)(1)(A) and is using the equipment as required by Article
2.135(a)(1)].
SECTION 5.07. Article 2.1385(a), Code of Criminal
Procedure, is amended to read as follows:
(a) If the chief administrator of a local law enforcement
agency intentionally fails to submit the incident-based data as
required by Article 2.134, the agency is liable to the state for a
civil penalty in the amount of $10,000 [$1,000] for each violation.
The attorney general may sue to collect a civil penalty under this
subsection.
SECTION 5.08. Effective September 1, 2018, Chapter 2, Code
of Criminal Procedure, is amended by adding Article 2.1386 to read
as follows:
Art. 2.1386. MOTOR VEHICLE STOP INVESTIGATIONS. (a) In
this article, "law enforcement agency" and "motor vehicle stop"
have the meanings assigned by Article 2.132(a).
(b) Each law enforcement agency shall adopt and implement a
detailed written policy regarding the administration of a motor
vehicle stop investigation in accordance with this article,
including the administrative penalties for violations of the
policy. A law enforcement agency may adopt the model policy
promulgated by the Bill Blackwood Law Enforcement Management
Institute of Texas or the agency's own policy.
(c) A peace officer may not:
(1) conduct a roadside investigation during a motor
vehicle stop for an offense other than the traffic violation
without suspicion based on a preponderance of the evidence that the
driver has committed the other offense;
(2) continue a roadside investigation during a motor
vehicle stop into an offense other than the traffic violation after
the driver has refused to consent to be searched unless the peace
officer has additional suspicion based on a preponderance of the
evidence that the driver has committed the other offense; or
(3) arrest a driver during a motor vehicle stop for a
traffic violation to conduct a search incident to arrest unless the
officer has probable cause to believe that the driver has committed
an offense more serious than a Class C misdemeanor.
(d) A peace officer who violates Subsection (c) shall be
subject to an administrative penalty of not less than a one-day
suspension.
SECTION 5.09. Article 3.05, Code of Criminal Procedure, is
amended to read as follows:
Art. 3.05. RACIAL PROFILING. (a) In this code, "racial
profiling" means a law enforcement-initiated action based on an
individual's race, ethnicity, or national origin rather than on the
individual's behavior or on information identifying the individual
as having engaged in criminal activity.
(b) Racial profiling may be identified through the
examination of sufficient and evidence-based data analysis.
SECTION 5.10. Article 14.06, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a [Class C] misdemeanor
punishable by a fine only, other than an offense under Section
49.02, Penal Code, or an offense under Chapter 106, Alcoholic
Beverage Code, shall [may], instead of taking the person before a
magistrate, issue a citation to the person that contains written
notice of the time and place the person must appear before a
magistrate, the name and address of the person charged, the offense
charged, and the following admonishment, in boldfaced or underlined
type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
purchase a firearm, you should consult an attorney."
(b-1) A peace officer who is charging a person, including a
child, with committing an offense that is a misdemeanor punishable
by a fine only under Chapter 106, Alcoholic Beverage Code, may,
instead of taking the person before a magistrate, issue to the
person a citation that contains written notice of the time and place
the person must appear before a magistrate, the name and address of
the person charged, and the offense charged.
SECTION 5.11. Section 543.004(a), Transportation Code, is
amended to read as follows:
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is [speeding or] a misdemeanor
under this subtitle that is punishable by a fine only [violation of
the open container law, Section 49.03, Penal Code]; and
(2) the person makes a written promise to appear in
court as provided by Section 543.005.
SECTION 5.12. Effective January 1, 2018, Subchapter A,
Chapter 543, Transportation Code, is amended by adding Section
543.0045 to read as follows:
Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP.
(a) An officer who stops a motor vehicle as a result of a person's
alleged commission of a misdemeanor under this subtitle that is
punishable by a fine only shall promptly notify the person that:
(1) the alleged offense is a misdemeanor under this
subtitle that is punishable by a fine only; and
(2) the officer may not arrest a person solely on the
basis of that offense.
(b) The Texas Commission on Law Enforcement by rule shall
specify the language that is required to be included in the
notification described by Subsection (a).
SECTION 5.13. The following provisions of the Code of
Criminal Procedure are repealed:
(1) Article 2.135.
SECTION 5.14. Article 2.13(d), Code of Criminal Procedure,
as added by this article, applies only to a motor vehicle stop or
search that occurs on or after the effective date of this Act.
SECTION 5.15. Articles 2.132 and 2.134, Code of Criminal
Procedure, as amended by this article, apply only to a report
covering a calendar year beginning on or after January 1, 2018.
SECTION 5.16. Articles 2.132(h) and (i), 2.1321, and
2.1322, Code of Criminal Procedure, as added by this article, apply
to an investigation that occurs on or after the effective date of
this Act, regardless of whether the potential racial profiling
occurred before, on, or after that date.
SECTION 5.17. Not later than September 1, 2018, the Texas
Commission on Law Enforcement shall evaluate and change the
guidelines for compiling and reporting information required under
Article 2.134, Code of Criminal Procedure, as amended by this
article, to withstand academic scrutiny.
SECTION 5.18. (a) Not later than December 31, 2017, the
Bill Blackwood Law Enforcement Management Institute of Texas, in
consultation with large, medium, and small law enforcement
agencies, law enforcement associations, and community
organizations engaged in the development of law enforcement policy
on behalf of the public, shall develop, adopt, and disseminate to
all law enforcement agencies in this state a model policy and
associated training materials for conducting a motor vehicle stop,
in accordance with Article 2.1386, Code of Criminal Procedure, as
added by this article.
(b) Not later than September 1, 2018, each law enforcement
agency of this state shall adopt the policy required by Article
2.1386, Code of Criminal Procedure, as added by this article, if
applicable.
SECTION 5.19. Not later than December 1, 2017, the Texas
Commission on Law Enforcement shall adopt the rules required by
Section 543.0045(b), Transportation Code, as added by this article.
SECTION 5.20. The changes in law made by this article apply
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this article if any element of the offense
occurred before that date.
ARTICLE 6. DISCIPLINARY PROCEDURES FOR PEACE OFFICERS.
SECTION 6.01. Effective September 1, 2018, the heading to
Subchapter B, Chapter 614, Government Code, is amended to read as
follows:
SUBCHAPTER B. COMPLAINT AGAINST PEACE [LAW ENFORCEMENT] OFFICER OR
FIRE FIGHTER
SECTION 6.02. Effective September 1, 2018, Section 614.021,
Government Code, is amended to read as follows:
Sec. 614.021. APPLICABILITY OF SUBCHAPTER. (a) Except as
provided by Subsection (b), this subchapter applies only to a
complaint against:
(1) [a law enforcement officer of the State of Texas,
including an officer of the Department of Public Safety or of the
Texas Alcoholic Beverage Commission;
[(2)] a fire fighter who is employed by this state or a
political subdivision of this state;
(2) [(3)] a peace officer under Article 2.12, Code of
Criminal Procedure, or other law who is appointed or employed by the
State of Texas or a political subdivision of this state, including a
political subdivision that is covered by a meet and confer or
collective bargaining agreement under Chapter 142, 143, or 174,
Local Government Code; or
(3) [(4)] a detention officer or county jailer who is
appointed or employed by a political subdivision of this state.
(b) This subchapter does not apply to a [peace officer or]
fire fighter [appointed or] employed by a political subdivision
that is covered by a meet and confer or collective bargaining
agreement under Chapter 143 or 174, Local Government Code, if that
agreement includes provisions relating to the investigation of, and
disciplinary action resulting from, a complaint against a [peace
officer or] fire fighter[, as applicable]. This subchapter does not
alter an at-will employment relationship between the employee and
the political subdivision.
SECTION 6.03. Effective September 1, 2018, Section 614.022,
Government Code, is amended to read as follows:
Sec. 614.022. CERTAIN COMPLAINTS [COMPLAINT] TO BE IN
WRITING AND SIGNED BY COMPLAINANT. To be considered by [the head of
a state agency or by] the head of a fire department or local law
enforcement agency, a [the] complaint filed by a member of the
public against a fire fighter, detention officer, or county jailer
must be:
(1) in writing; and
(2) signed by the person making the complaint.
SECTION 6.04. Effective September 1, 2018, Subchapter B,
Chapter 614, Government Code, is amended by adding Sections
614.0225, 614.0226, and 614.0227 to read as follows:
Sec. 614.0225. STANDARD PROCEDURES FOR COMPLAINT AGAINST
PEACE OFFICER BY A MEMBER OF THE PUBLIC. (a) Each law enforcement
agency shall adopt and implement standard procedures for processing
a complaint filed by a member of the public including members of the
public who are incarcerated, against a peace officer in accordance
with this subchapter. A law enforcement agency may adopt the model
standard procedures promulgated by the Bill Blackwood Law
Enforcement Management Institute of Texas or the agency's own
procedures.
(b) A law enforcement agency shall facilitate the filing of
a written complaint against a peace officer by a member of the
public by providing a means to complain in person, by mail, by
e-mail, by telephone, and on the agency's Internet website.
(c) A law enforcement agency shall facilitate the filing of
a complaint by a member of the public against a peace officer by
providing a means of a friend or family member to file on the behalf
of the victim.
Sec. 614.0226. REQUIREMENTS FOR COMPLAINT FILED BY A MEMBER
OF THE PUBLIC AGAINST PEACE OFFICER. A complaint filed by a member
of the public against a peace officer must include:
(1) the name and the telephone number or e-mail
address of the person filing the complaint;
(2) the location of the interaction with the peace
officer; and
(3) a description of the basis for the complaint.
Sec. 614.0227. REQUIREMENTS FOR CITATION. A citation
issued by a peace officer must include the e-mail address,
telephone number, Internet address, and physical location where a
complaint can be filed by a member of the public against the peace
officer and basic instructions for filing the complaint.
SECTION 6.05. Effective September 1, 2018, Section 614.023,
Government Code, is amended to read as follows:
Sec. 614.023. COPY OF COMPLAINT TO BE GIVEN TO FIRE FIGHTER,
DETENTION OFFICER, OR COUNTY JAILER [OFFICER OR EMPLOYEE]. (a) A
copy of a signed complaint filed by a member of the public against
[a law enforcement officer of this state or] a fire fighter,
detention officer, or county jailer[, or peace officer appointed or
employed by a political subdivision of this state] shall be given to
the [officer or] employee within a reasonable time after the
complaint is filed.
(b) Disciplinary action may not be taken against the
[officer or] employee unless a copy of the signed complaint is given
to the [officer or] employee.
(c) In addition to the requirement of Subsection (b), the
[officer or] employee may not be indefinitely suspended or
terminated from employment based on the subject matter of the
complaint filed by a member of the public unless:
(1) the complaint is investigated; and
(2) there is evidence to prove the allegation of
misconduct.
SECTION 6.06. Effective September 1, 2018, Subchapter B,
Chapter 614, Government Code, is amended by adding Sections
614.024, 614.025, 614.026, and 614.027 to read as follows:
Sec. 614.024. COPY OF COMPLAINT FILED BY A MEMBER OF THE
PUBLIC TO BE GIVEN TO PEACE OFFICER. (a) A copy of a complaint
filed by a member of the public against a peace officer shall be
given to the peace officer within a reasonable time after the
complaint is filed.
(b) Disciplinary action may not be taken against the peace
officer unless a copy of the complaint is given to the peace
officer.
(c) In addition to the requirement of Subsection (b), the
peace officer may not be indefinitely suspended or terminated from
employment based on the subject matter of the complaint unless:
(1) the complaint is investigated; and
(2) the evidence proves the allegation of misconduct.
(d) This subchapter does not alter anthe at-will employment
relationship between the peace officer and the law enforcement
agency.
Sec. 614.025. INVESTIGATION OF COMPLAINT FILED BY A MEMBER
OF THE PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency
shall investigate each complaint filed by a member of the public
against a peace officer and review the available evidence related
to the complaint, including any audio or video recording and any
report filed by the peace officer.
(b) A law enforcement agency shall give a copy of any audio
or video evidence related to a complaint against a peace officer to
the complainant on request. This section does not prevent a law
enforcement agency from asserting that any confidential material is
exempt from disclosure under Sections 552.103, 552.107,or 552.108
of the Texas Government Code or under any other basis permitted by
law.
(c) If the law enforcement agency determines that there is a
basis for further investigation into a possible violation by a
peace officer, the agency shall notify the peace officer and the
complainant that further investigation will be conducted.
(d) If the preliminary review of the evidence clearly
indicates that there is no basis, in law or policy, for the
complaint filed by a member of the public, the law enforcement
agency shall notify the peace officer and the complainant that the
complaint is without merit.
(e) An investigation must be completed not later than the
180th day after the date a complaint is filed. The law enforcement
agency shall provide the complainant an update on the progress of
the investigation at least once every two months during that
period.
Sec. 614.026. APPEAL OF COMPLAINT FILED BY A MEMBER OF THE
PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency shall
adopt and implement procedures for the appeal by a complainant of a
decision to dismiss a complaint filed by a member of the public by
the complainant, against a peace officer because the complaint is
determined to be without merit. The procedures must allow the
complainant to provide the agency additional evidence relating to
the complaint, including witness statements.
(b) A peace officer may appeal a decision relating to a
complaint filed by a member of the public against the peace officer
under the procedures established under applicable law, including
under a meet and confer agreement, a collective bargaining
agreement, or Chapter 142, 143, or 174, Local Government Code.
Sec. 614.027. DATA RELATING TO COMPLAINTS FILED BY MEMBERS
OF THE PUBLIC AGAINST PEACE OFFICERS. (a) A law enforcement agency
shall provide data relating to complaints filed by members of the
public against peace officers of the agency, including the outcome
of each complaint, to the Institute for Urban Policy Research &
Analysis at The University of Texas at Austin.
(b) A law enforcement agency shall adopt the model standard
procedures promulgated by the Bill Blackwood Law Enforcement
Management Institute of Texas or the agency's own procedures to
implement this section.
SECTION 6.07. Section 142.067, Local Government Code, is
amended to read as follows:
Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) Except as provided by Subsection (b), a [A] written meet and
confer agreement ratified under this subchapter preempts, during
the term of the agreement and to the extent of any conflict, all
contrary state statutes, local ordinances, executive orders, civil
service provisions, or rules adopted by the head of the law
enforcement agency or municipality or by a division or agent of the
municipality, such as a personnel board or a civil service
commission.
(b) An agreement under this subchapter may not conflict with
and does not supersede Subchapter B, Chapter 614, Government Code,
or Article 2.1386, Code of Criminal Procedure.
SECTION 6.08. Section 143.307, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (d), an [An] agreement
under this subchapter supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, or other terms and
conditions of employment to the extent of any conflict with the
statute.
(b) Except as provided by Subsection (d), an [An] agreement
under this subchapter preempts any contrary statute, executive
order, local ordinance, or rule adopted by the state or a political
subdivision or agent of the state, including a personnel board, a
civil service commission, or a home-rule municipality.
(d) An agreement under this subchapter affecting police
officers may not conflict with and does not supersede Subchapter B,
Chapter 614, Government Code, or Article 2.1386, Code of Criminal
Procedure.
SECTION 6.09. Section 143.361, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (d), a [A] written
agreement ratified under this subchapter between a public employer
and the bargaining agent supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, and other terms of
employment other than pension benefits to the extent of any
conflict with the previous statute.
(b) Except as provided by Subsection (d), a [A] written
agreement ratified under this subchapter preempts all contrary
local ordinances, executive orders, legislation, or rules adopted
by the state or a political subdivision or agent of the state, such
as a personnel board, a civil service commission, or a home-rule
municipality.
(d) An agreement under this subchapter may not conflict with
and does not supersede Subchapter B, Chapter 614, Government Code,
or Article 2.1386, Code of Criminal Procedure.
SECTION 6.10. Section 174.005, Local Government Code, is
amended to read as follows:
Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
provided by Subsection (b), this [This] chapter preempts all
contrary local ordinances, executive orders, legislation, or rules
adopted by the state or by a political subdivision or agent of the
state, including a personnel board, civil service commission, or
home-rule municipality.
(b) This chapter does not authorize the adoption or
implementation of an agreement that conflicts with Subchapter B,
Chapter 614, Government Code, or Article 2.1386, Code of Criminal
Procedure.
SECTION 6.11. Sections 142.067(b), 143.307(d), 143.361(d),
and 174.005(b), Local Government Code, as added by this article,
apply only to an agreement entered into or renewed on or after
September 1, 2018. An agreement entered into or renewed before
September 1, 2018, is governed by the law in effect on the date the
agreement was entered into or renewed, and the former law is
continued in effect for that purpose.
SECTION 6.12. (a) Not later than December 31, 2017, the
Bill Blackwood Law Enforcement Management Institute of Texas, in
consultation with large, medium, and small law enforcement
agencies, law enforcement associations, and community
organizations engaged in the development of law enforcement policy
on behalf of the public, shall develop, adopt, and disseminate to
all law enforcement agencies in this state:
(1) the model standard procedures for a law
enforcement agency to process a complaint filed by a member of the
public against a peace officer, in accordance with Subchapter B,
Chapter 614, Government Code, as amended by this article; and
(2) the model standard procedures for a law
enforcement agency to report data relating to complaints against
peace officers by members of the public to the Institute for Urban
Policy Research & Analysis at The University of Texas at Austin,
under Section 614.027, Government Code, as added by this article.
(b) Not later than September 1, 2018, each law enforcement
agency of this state shall adopt the procedures required by
Subchapter B, Chapter 614, Government Code, as amended by this
article.
ARTICLE 7. INDEPENDENT OMBUDSMAN
SECTION 7.01. Section 261.001, Human Resources Code, is
amended by adding Subsection (3) and (4) to read as follows:
Sec. 261.001. DEFINITIONS. In this chapter:
(1) "Independent ombudsman" means the individual who
has been appointed under this chapter to the office of independent
ombudsman.
(2) "Office" means the office of independent ombudsman
created under this chapter.
(3) "Department" means the Texas Juvenile Justice
Department.
(4) "County jail" means a facility operated or
contracted by a county for the confinement of persons accused or
convicted an offense.
SECTION 7.02. Section 261.002, Human Resources Code, is
amended to read as follows:
Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of
independent ombudsman is a state agency established for the purpose
of investigating, evaluating, and securing the rights of the
children committed to the department, including a child released
under supervision before final discharge, and adults confined in
county jails.
SECTION 7.03. Section 261.056, Human Resources Code, is
amended by amending subsection (a) to read as follows:
Sec. 261.056. COMMUNICATION AND CONFIDENTIALITY. (a) The
department shall allow any child committed to the department, and
the Sheriff shall allow any adult confined in a county jail to
communicate with the independent ombudsman or an assistant to the
ombudsman. The communication:
(1) may be in person, by mail, or by any other means;
and
(2) is confidential and privileged.
SECTION 7.04. Section 261.057, Human Resources Code, is
amended to read as follows:
Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The
independent ombudsman shall promote awareness among the public and
the children committed to the department, and among persons
confined in county jails of:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
SECTION 7.05. Section 261.058, Human Resources Code, is
amended by amending subsection (b) to read as follows:
(b) The office and the board shall adopt rules necessary to
implement Section 261.060, including rules that establish
procedures for the department and county jails to review and
comment on reports of the office and for the department and county
jails to expedite or eliminate review of and comment on a report
due to an emergency or a serious or flagrant circumstance described
by Section 261.055(b).
SECTION 7.06. Section 261.101, Human Resources Code, is
amended by amending subsection (a) to read as follows:
Sec. 261.101. DUTIES AND POWERS. (a) The independent
ombudsman shall:
(1) review the procedures established by the board and
evaluate the delivery of services to children to ensure that the
rights of children are fully observed;
(1-a) evaluate the delivery of services adults in
county jails to ensure that the rights of adults in county jails are
fully observed;
(2) review complaints filed with the independent
ombudsman concerning the actions of the department and investigate
each complaint in which it appears that a [child] person may be in
need of assistance from the independent ombudsman;
(3) conduct investigations of complaints, other than
complaints alleging criminal behavior, if the office determines
that:
(A) a child committed to the department, an adult
in county jail, or the child's family may be in need of assistance
from the office; or
(B) a systemic issue in the department's or a
county jail's provision of services is raised by a complaint;
(4) review or inspect periodically the facilities and
procedures of any institution or residence in which a child has been
placed by the department, and the facilities and procedures of any
county jail in which a person is confined, whether public or
private, to ensure that the rights of children and the health and
safety of persons confined in county jails are fully [observed]
protected;
(5) provide assistance to a confined person, child or
family who the independent ombudsman determines is in need of
assistance, including advocating with an agency, provider, or other
person in the best interests of the child or confined person;
(6) review court orders as necessary to fulfill its
duties;
(7) recommend changes in any procedure relating to the
treatment of children committed to the department, and adults in
county jails;
(8) make appropriate referrals under any of the duties
and powers listed in this subsection;
(9) supervise assistants who are serving as advocates
in their representation of children committed to the department in
internal administrative and disciplinary hearings;
(10) review reports received by the department
relating to complaints regarding juvenile probation programs,
services, or facilities and analyze the data contained in the
reports to identify trends in complaints;
(11) report a possible standards violation by a local
juvenile probation department to the appropriate division of the
department or a possible standards violation by a county jail to the
Commission on Jail Standards; [and]
(12) immediately report the findings of any
investigation related to the operation of a post-adjudication
correctional facility in a county to the chief juvenile probation
officer and the juvenile board of the county[.]; and
(13) immediately report the substantiated findings of
any investigation related to the health or safety of a person
confined in a county jail to the Sheriff and Commissioners Court of
the county.
SECTION 7.07. Section 261.104, Human Resources Code, is
amended by adding subsection (c) to read as follows:
c) The office and the Commission on Jail Standards shall
enter into a memorandum of understanding concerning:
(1) the most efficient manner in which to share
information with one another; and
(2) opportunities for collaboration between the
office and the Commission on Jail Standards.
SECTION 7.08. Section 261.151, Human Resources Code, is
amended by amending subsection (c) to read as follows:
(c) A local law enforcement agency shall allow the
independent ombudsman access to its records relating to any child
in the care or custody of the department or to any records relating
to a person confined in a county jail.
SECTION 7.09. Section 261.152, Human Resources Code, is
amended to read as follows:
Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES.
The independent ombudsman shall have access to the records of a
private entity that relate to a child committed to the department or
to a person confined in a county jail.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2017.