Texas 2017 - 85th Regular

Texas Senate Bill SB1849 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1849
	1	+	By: Whitmire, et al. S.B. No. 1849
	2	+	(Coleman)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to interactions between law enforcement and individuals
6	8		detained or arrested on suspicion of the commission of criminal
7	9		offenses, to the confinement, conviction, or release of those
8	10		individuals, and to grants supporting populations that are more
9	11		likely to interact frequently with law enforcement.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		ARTICLE 1. SHORT TITLE
12	14		SECTION 1.01. SHORT TITLE. This Act shall be known as the
13	15		Sandra Bland Act, in memory of Sandra Bland.
14	16		ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR
15	17		PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL
16	18		DISABILITY, OR A SUBSTANCE ABUSE ISSUE
17	19		SECTION 2.01. Article 16.22, Code of Criminal Procedure, is
18	20		amended to read as follows:
19	21		Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF
20	22		HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
21	23		RETARDATION]. (a)(1) Not later than 12 [72] hours after receiving
22	24		credible information that may establish reasonable cause to believe
23	25		that a defendant committed to the sheriff's custody has a mental
24	26		illness or is a person with an intellectual disability [mental
25	27		retardation], including observation of the defendant's behavior
26	28		immediately before, during, and after the defendant's arrest and
27	29		the results of any previous assessment of the defendant, the
28	30		sheriff shall provide written or electronic notice of the
29	31		information to the magistrate. On a determination that there is
30	32		reasonable cause to believe that the defendant has a mental illness
31	33		or is a person with an intellectual disability [mental
32	34		retardation], the magistrate, except as provided by Subdivision
33	35		(2), shall order the local mental health or intellectual and
34	36		developmental disability [mental retardation] authority or another
35	37		qualified mental health or intellectual disability [mental
36	38		retardation] expert to:
37	39		(A) collect information regarding whether the
38	40		defendant has a mental illness as defined by Section 571.003,
39	41		Health and Safety Code, or is a person with an intellectual
40	42		disability [mental retardation] as defined by Section 591.003,
41	43		Health and Safety Code, including information obtained from any
42	44		previous assessment of the defendant; and
43	45		(B) provide to the magistrate a written
44	46		assessment of the information collected under Paragraph (A).
45	47		(2) The magistrate is not required to order the
46	48		collection of information under Subdivision (1) if the defendant in
47	49		the year preceding the defendant's applicable date of arrest has
48	50		been determined to have a mental illness or to be a person with an
49	51		intellectual disability [mental retardation] by the local mental
50	52		health or intellectual and developmental disability [mental
51	53		retardation] authority or another mental health or intellectual
52	54		disability [mental retardation] expert described by Subdivision
53	55		(1). A court that elects to use the results of that previous
54	56		determination may proceed under Subsection (c).
55	57		(3) If the defendant fails or refuses to submit to the
56	58		collection of information regarding the defendant as required under
57	59		Subdivision (1), the magistrate may order the defendant to submit
58	60		to an examination in a mental health facility determined to be
59	61		appropriate by the local mental health or intellectual and
60	62		developmental disability [mental retardation] authority for a
61	63		reasonable period not to exceed 21 days. The magistrate may order a
62	64		defendant to a facility operated by the Department of State Health
63	65		Services or the Health and Human Services Commission [Department of
64	66		Aging and Disability Services] for examination only on request of
65	67		the local mental health or intellectual and developmental
66	68		disability [mental retardation] authority and with the consent of
67	69		the head of the facility. If a defendant who has been ordered to a
68	70		facility operated by the Department of State Health Services or the
69	71		Health and Human Services Commission [Department of Aging and
70	72		Disability Services] for examination remains in the facility for a
71	73		period exceeding 21 days, the head of that facility shall cause the
72	74		defendant to be immediately transported to the committing court and
73	75		placed in the custody of the sheriff of the county in which the
74	76		committing court is located. That county shall reimburse the
75	77		facility for the mileage and per diem expenses of the personnel
76	78		required to transport the defendant calculated in accordance with
77	79		the state travel regulations in effect at the time.
78	80		(b) A written assessment of the information collected under
79	81		Subsection (a)(1)(A) shall be provided to the magistrate not later
80	82		than the 30th day after the date of any order issued under
81	83		Subsection (a) in a felony case and not later than the 10th day
82	84		after the date of any order issued under that subsection in a
83	85		misdemeanor case, and the magistrate shall provide copies of the
84	86		written assessment to the defense counsel, the prosecuting
85	87		attorney, and the trial court. The written assessment must include
86	88		a description of the procedures used in the collection of
87	89		information under Subsection (a)(1)(A) and the applicable expert's
88	90		observations and findings pertaining to:
89	91		(1) whether the defendant is a person who has a mental
90	92		illness or is a person with an intellectual disability [mental
91	93		retardation];
92	94		(2) whether there is clinical evidence to support a
93	95		belief that the defendant may be incompetent to stand trial and
94	96		should undergo a complete competency examination under Subchapter
95	97		B, Chapter 46B; and
96	98		(3) recommended treatment.
97	99		(c) After the trial court receives the applicable expert's
98	100		written assessment relating to the defendant under Subsection (b)
99	101		or elects to use the results of a previous determination as
100	102		described by Subsection (a)(2), the trial court may, as applicable:
101	103		(1) resume criminal proceedings against the
102	104		defendant, including any appropriate proceedings related to the
103	105		defendant's release on personal bond under Article 17.032;
104	106		(2) resume or initiate competency proceedings, if
105	107		required, as provided by Chapter 46B or other proceedings affecting
106	108		the defendant's receipt of appropriate court-ordered mental health
107	109		or intellectual disability [mental retardation] services,
108	110		including proceedings related to the defendant's receipt of
109	111		outpatient mental health services under Section 574.034, Health and
110	112		Safety Code; or
111	113		(3) consider the written assessment during the
112	114		punishment phase after a conviction of the offense for which the
113	115		defendant was arrested, as part of a presentence investigation
114	116		report, or in connection with the impositions of conditions
115	117		following placement on community supervision, including deferred
116	118		adjudication community supervision.
117	119		(d) This article does not prevent the applicable court from,
118	120		before, during, or after the collection of information regarding
119	121		the defendant as described by this article:
120	122		(1) releasing a defendant who has a mental illness
121	123		[mentally ill] or is a person with an intellectual disability
122	124		[mentally retarded defendant] from custody on personal or surety
123	125		bond; or
124	126		(2) ordering an examination regarding the defendant's
125	127		competency to stand trial.
126	128		SECTION 2.02. Chapter 16, Code of Criminal Procedure, is
127	129		amended by adding Article 16.23 to read as follows:
128	130		Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH
129	131		CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each law enforcement agency
130	132		shall make a good faith effort to divert a person suffering a mental
131	133		health crisis or suffering from the effects of substance abuse to a
132	134		proper treatment center in the agency's jurisdiction if:
133	135		(1) there is an available and appropriate treatment
134	136		center in the agency's jurisdiction to which the agency may divert
135	137		the person;
136	138		(2) it is reasonable to divert the person;
137	139		(3) the offense that the person is accused of is a
138	140		misdemeanor, other than a misdemeanor involving violence; and
139	141		(4) the mental health crisis or substance abuse issue
140	142		is suspected to be the reason the person committed the alleged
141	143		offense.
142	144		(b) Subsection (a) does not apply to a person who is accused
143	145		of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065,
144	146		49.07, or 49.08, Penal Code.
145	147		SECTION 2.03. Section 539.002, Government Code, is amended
146	148		to read as follows:
147	149		Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF
148	150		COMMUNITY COLLABORATIVES. (a) To the extent funds are
149	151		appropriated to the department for that purpose, the department
150	152		shall make grants to entities, including local governmental
151	153		entities, nonprofit community organizations, and faith-based
152	154		community organizations, to establish or expand community
153	155		collaboratives that bring the public and private sectors together
154	156		to provide services to persons experiencing homelessness,
155	157		substance abuse issues, or [and] mental illness. [The department
156	158		may make a maximum of five grants, which must be made in the most
157	159		populous municipalities in this state that are located in counties
158	160		with a population of more than one million.] In awarding grants,
159	161		the department shall give special consideration to entities:
160	162		(1) establishing [a] new collaboratives; or
161	163		(2) establishing or expanding collaboratives that
162	164		serve two or more counties, each with a population of less than
163	165		100,000 [collaborative].
164	166		(b) The department shall require each entity awarded a grant
165	167		under this section to:
166	168		(1) leverage additional funding from private sources
167	169		in an amount that is at least equal to the amount of the grant
168	170		awarded under this section; [and]
169	171		(2) provide evidence of significant coordination and
170	172		collaboration between the entity, local mental health authorities,
171	173		municipalities, local law enforcement agencies, and other
172	174		community stakeholders in establishing or expanding a community
173	175		collaborative funded by a grant awarded under this section; and
174	176		(3) provide evidence of a local law enforcement policy
175	177		to divert appropriate persons from jails or other detention
176	178		facilities to an entity affiliated with a community collaborative
177	179		for the purpose of providing services to those persons.
178	180		SECTION 2.04. Chapter 539, Government Code, is amended by
179	181		adding Section 539.0051 to read as follows:
180	182		Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY
181	183		COLLABORATIVES. (a) The governing body of a county shall develop
182	184		and make public a plan detailing:
183	185		(1) how local mental health authorities,
184	186		municipalities, local law enforcement agencies, and other
185	187		community stakeholders in the county could coordinate to establish
186	188		or expand a community collaborative to accomplish the goals of
187	189		Section 539.002;
188	190		(2) how entities in the county may leverage funding
189	191		from private sources to accomplish the goals of Section 539.002
190	192		through the formation or expansion of a community collaborative;
191	193		and
192	194		(3) how the formation or expansion of a community
193	195		collaborative could establish or support resources or services to
194	196		help local law enforcement agencies to divert persons who have been
195	197		arrested to appropriate mental health care or substance abuse
196	198		treatment.
197	199		(b) The governing body of a county in which an entity that
198	200		received a grant under Section 539.002 before September 1, 2017, is
199	201		located is not required to develop a plan under Subsection (a).
200	202		(c) Two or more counties, each with a population of less
201	203		than 100,000, may form a joint plan under Subsection (a).
202	204		ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS
203	205		SECTION 3.01. The heading to Article 17.032, Code of
204	206		Criminal Procedure, is amended to read as follows:
205	207		Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY
206	208		ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.
207	209		SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal
208	210		Procedure, are amended to read as follows:
209	211		(b) A magistrate shall release a defendant on personal bond
210	212		unless good cause is shown otherwise if the:
211	213		(1) defendant is not charged with and has not been
212	214		previously convicted of a violent offense;
213	215		(2) defendant is examined by the local mental health
214	216		or intellectual and developmental disability [mental retardation]
215	217		authority or another mental health expert under Article 16.22 [of
216	218		this code];
217	219		(3) applicable expert, in a written assessment
218	220		submitted to the magistrate under Article 16.22:
219	221		(A) concludes that the defendant has a mental
220	222		illness or is a person with an intellectual disability [mental
221	223		retardation] and is nonetheless competent to stand trial; and
222	224		(B) recommends mental health treatment or
223	225		intellectual disability treatment for the defendant, as
224	226		applicable; and
225	227		(4) magistrate determines, in consultation with the
226	228		local mental health or intellectual and developmental disability
227	229		[mental retardation] authority, that appropriate community-based
228	230		mental health or intellectual disability [mental retardation]
229	231		services for the defendant are available through the [Texas]
230	232		Department of State [Mental] Health Services [and Mental
231	233		Retardation] under Section 534.053, Health and Safety Code, or
232	234		through another mental health or intellectual disability [mental
233	235		retardation] services provider.
234	236		(c) The magistrate, unless good cause is shown for not
235	237		requiring treatment, shall require as a condition of release on
236	238		personal bond under this article that the defendant submit to
237	239		outpatient or inpatient mental health or intellectual disability
238	240		[mental retardation] treatment as recommended by the local mental
239	241		health or intellectual and developmental disability [mental
240	242		retardation] authority if the defendant's:
241	243		(1) mental illness or intellectual disability [mental
242	244		retardation] is chronic in nature; or
243	245		(2) ability to function independently will continue to
244	246		deteriorate if the defendant is not treated.
245	247		SECTION 3.03. Article 25.03, Code of Criminal Procedure, is
246	248		amended to read as follows:
247	249		Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case
248	250		of felony, is on bail at the time the indictment is presented, [it
249	251		is not necessary to serve him with a copy, but] the clerk shall [on
250	252		request] deliver a copy of the indictment [same] to the accused or
251	253		the accused's [his] counsel[,] at the earliest possible time.
252	254		SECTION 3.04. Article 25.04, Code of Criminal Procedure, is
253	255		amended to read as follows:
254	256		Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk
255	257		shall deliver a copy of the indictment or information to the accused
256	258		or the accused's counsel at the earliest possible time before trial
257	259		[it shall not be necessary before trial to furnish the accused with
258	260		a copy of the indictment or information; but he or his counsel may
259	261		demand a copy, which shall be given as early as possible].
260	262		SECTION 3.05. Section 511.009(a), Government Code, as
261	263		amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.
262	264		634), Acts of the 84th Legislature, Regular Session, 2015, is
263	265		reenacted and amended to read as follows:
264	266		(a) The commission shall:
265	267		(1) adopt reasonable rules and procedures
266	268		establishing minimum standards for the construction, equipment,
267	269		maintenance, and operation of county jails;
268	270		(2) adopt reasonable rules and procedures
269	271		establishing minimum standards for the custody, care, and treatment
270	272		of prisoners;
271	273		(3) adopt reasonable rules establishing minimum
272	274		standards for the number of jail supervisory personnel and for
273	275		programs and services to meet the needs of prisoners;
274	276		(4) adopt reasonable rules and procedures
275	277		establishing minimum requirements for programs of rehabilitation,
276	278		education, and recreation in county jails;
277	279		(5) revise, amend, or change rules and procedures if
278	280		necessary;
279	281		(6) provide to local government officials
280	282		consultation on and technical assistance for county jails;
281	283		(7) review and comment on plans for the construction
282	284		and major modification or renovation of county jails;
283	285		(8) require that the sheriff and commissioners of each
284	286		county submit to the commission, on a form prescribed by the
285	287		commission, an annual report on the conditions in each county jail
286	288		within their jurisdiction, including all information necessary to
287	289		determine compliance with state law, commission orders, and the
288	290		rules adopted under this chapter;
289	291		(9) review the reports submitted under Subdivision (8)
290	292		and require commission employees to inspect county jails regularly
291	293		to ensure compliance with state law, commission orders, and rules
292	294		and procedures adopted under this chapter;
293	295		(10) adopt a classification system to assist sheriffs
294	296		and judges in determining which defendants are low-risk and
295	297		consequently suitable participants in a county jail work release
296	298		program under Article 42.034, Code of Criminal Procedure;
297	299		(11) adopt rules relating to requirements for
298	300		segregation of classes of inmates and to capacities for county
299	301		jails;
300	302		(12) require that the chief jailer of each municipal
301	303		lockup submit to the commission, on a form prescribed by the
302	304		commission, an annual report of persons under 17 years of age
303	305		securely detained in the lockup, including all information
304	306		necessary to determine compliance with state law concerning secure
305	307		confinement of children in municipal lockups;
306	308		(13) at least annually determine whether each county
307	309		jail is in compliance with the rules and procedures adopted under
308	310		this chapter;
309	311		(14) require that the sheriff and commissioners court
310	312		of each county submit to the commission, on a form prescribed by the
311	313		commission, an annual report of persons under 17 years of age
312	314		securely detained in the county jail, including all information
313	315		necessary to determine compliance with state law concerning secure
314	316		confinement of children in county jails;
315	317		(15) schedule announced and unannounced inspections
316	318		of jails under the commission's jurisdiction using the risk
317	319		assessment plan established under Section 511.0085 to guide the
318	320		inspections process;
319	321		(16) adopt a policy for gathering and distributing to
320	322		jails under the commission's jurisdiction information regarding:
321	323		(A) common issues concerning jail
322	324		administration;
323	325		(B) examples of successful strategies for
324	326		maintaining compliance with state law and the rules, standards, and
325	327		procedures of the commission; and
326	328		(C) solutions to operational challenges for
327	329		jails;
328	330		(17) report to the Texas Correctional Office on
329	331		Offenders with Medical or Mental Impairments on a jail's compliance
330	332		with Article 16.22, Code of Criminal Procedure;
331	333		(18) adopt reasonable rules and procedures
332	334		establishing minimum requirements for jails to:
333	335		(A) determine if a prisoner is pregnant; and
334	336		(B) ensure that the jail's health services plan
335	337		addresses medical and mental health care, including nutritional
336	338		requirements, and any special housing or work assignment needs for
337	339		persons who are confined in the jail and are known or determined to
338	340		be pregnant;
339	341		(19) provide guidelines to sheriffs regarding
340	342		contracts between a sheriff and another entity for the provision of
341	343		food services to or the operation of a commissary in a jail under
342	344		the commission's jurisdiction, including specific provisions
343	345		regarding conflicts of interest and avoiding the appearance of
344	346		impropriety; [and]
345	347		(20) adopt reasonable rules and procedures
346	348		establishing minimum standards for prisoner visitation that
347	349		provide each prisoner at a county jail with a minimum of two
348	350		in-person, noncontact visitation periods per week of at least 20
349	351		minutes duration each;
350	352		(21) [(20)] require the sheriff of each county to:
351	353		(A) investigate and verify the veteran status of
352	354		each prisoner by using data made available from the Veterans
353	355		Reentry Search Service (VRSS) operated by the United States
354	356		Department of Veterans Affairs or a similar service; and
355	357		(B) use the data described by Paragraph (A) to
356	358		assist prisoners who are veterans in applying for federal benefits
357	359		or compensation for which the prisoners may be eligible under a
358	360		program administered by the United States Department of Veterans
359	361		Affairs;
360	362		(22) [(20)] adopt reasonable rules and procedures
361	363		regarding visitation of a prisoner at a county jail by a guardian,
362	364		as defined by Section 1002.012, Estates Code, that:
363	365		(A) allow visitation by a guardian to the same
364	366		extent as the prisoner's next of kin, including placing the
365	367		guardian on the prisoner's approved visitors list on the guardian's
366	368		request and providing the guardian access to the prisoner during a
367	369		facility's standard visitation hours if the prisoner is otherwise
368	370		eligible to receive visitors; and
369	371		(B) require the guardian to provide the sheriff
370	372		with letters of guardianship issued as provided by Section
371	373		1106.001, Estates Code, before being allowed to visit the prisoner;
372	374		and
373	375		(23) adopt reasonable rules and procedures to ensure
374	376		the safety of prisoners, including rules and procedures that
375	377		require a county jail to:
376	378		(A) give prisoners the ability to access a mental
377	379		health professional at the jail through a telemental health service
378	380		24 hours a day;
379	381		(B) give prisoners the ability to access a health
380	382		professional at the jail or through a telehealth service 24 hours a
381	383		day or, if a health professional is unavailable at the jail or
382	384		through a telehealth service, provide for a prisoner to be
383	385		transported to access a health professional; and
384	386		(C) if funding is available under Section
385	387		511.019, install automated electronic sensors or cameras to ensure
386	388		accurate and timely in-person checks of cells or groups of cells
387	389		confining at-risk individuals.
388	390		SECTION 3.06. Section 511.009, Government Code, is amended
389	391		by adding Subsection (d) to read as follows:
390	392		(d) The commission shall adopt reasonable rules and
391	393		procedures establishing minimum standards regarding the continuity
392	394		of prescription medications for the care and treatment of
393	395		prisoners. The rules and procedures shall require that a qualified
394	396		medical professional shall review as soon as possible any
395	397		prescription medication a prisoner is taking when the prisoner is
396	398		taken into custody.
397	399		SECTION 3.07. Chapter 511, Government Code, is amended by
398	400		adding Sections 511.019, 511.020, and 511.021 to read as follows:
399	401		Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner
400	402		safety fund is a dedicated account in the general revenue fund.
401	403		(b) The prisoner safety fund consists of:
402	404		(1) appropriations of money to the fund by the
403	405		legislature; and
404	406		(2) gifts, grants, including grants from the federal
405	407		government, and other donations received for the fund.
406	408		(c) Money in the fund may be appropriated only to the
407	409		commission to pay for capital improvements that are required under
408	410		Section 511.009(a)(23).
409	411		(d) The commission by rule may establish a grant program to
410	412		provide grants to counties to fund capital improvements described
411	413		by Subsection (c). The commission may only provide a grant to a
412	414		county for capital improvements to a county jail with a capacity of
413	415		not more than 96 prisoners.
414	416		Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before
415	417		the fifth day of each month, the sheriff of each county shall report
416	418		to the commission regarding the occurrence during the preceding
417	419		month of any of the following incidents involving a prisoner in the
418	420		county jail:
419	421		(1) a suicide;
420	422		(2) an attempted suicide;
421	423		(3) a death;
422	424		(4) a serious bodily injury, as that term is defined by
423	425		Section 1.07, Penal Code;
424	426		(5) an assault;
425	427		(6) an escape;
426	428		(7) a sexual assault; and
427	429		(8) any use of force resulting in bodily injury, as
428	430		that term is defined by Section 1.07, Penal Code.
429	431		(b) The commission shall prescribe a form for the report
430	432		required by Subsection (a).
431	433		(c) The information required to be reported under
432	434		Subsection (a)(8) may not include the name or other identifying
433	435		information of a county jailer or jail employee.
434	436		(d) The information reported under Subsection (a) is public
435	437		information subject to an open records request under Chapter 552.
436	438		Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING
437	439		IN COUNTY JAIL. (a) On the death of a prisoner in a county jail,
438	440		the commission shall appoint a law enforcement agency, other than
439	441		the local law enforcement agency that operates the county jail, to
440	442		investigate the death as soon as possible.
441	443		(b) The commission shall adopt any rules necessary relating
442	444		to the appointment of a law enforcement agency under Subsection
443	445		(a), including rules relating to cooperation between law
444	446		enforcement agencies and to procedures for handling evidence.
445	447		SECTION 3.08. The changes in law made by this article to
446	448		Article 17.032, Code of Criminal Procedure, apply only to a
447	449		personal bond that is executed on or after the effective date of
448	450		this Act. A personal bond executed before the effective date of
449	451		this Act is governed by the law in effect when the personal bond was
450	452		executed, and the former law is continued in effect for that
451	453		purpose.
452	454		SECTION 3.09. Not later than January 1, 2018, the
453	455		Commission on Jail Standards shall:
454	456		(1) adopt the rules and procedures required by Section
455	457		511.009(d), Government Code, as added by this article, and the
456	458		rules required by Section 511.021(b), Government Code, as added by
457	459		this article; and
458	460		(2) prescribe the form required by Section 511.020(b),
459	461		Government Code, as added by this article.
460	462		SECTION 3.10. Not later than September 1, 2018, the
461	463		Commission on Jail Standards shall adopt the rules and procedures
462	464		required by Section 511.009(a)(23), Government Code, as added by
463	465		this article. On and after September 1, 2020, a county jail shall
464	466		comply with any rule or procedure adopted by the Commission on Jail
465	467		Standards under that subdivision.
466	468		SECTION 3.11. To the extent of any conflict, this Act
467	469		prevails over another Act of the 85th Legislature, Regular Session,
468	470		2017, relating to nonsubstantive additions to and corrections in
469	471		enacted codes.
470	472		ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING
471	473		SECTION 4.01. Chapter 511, Government Code, is amended by
472	474		adding Section 511.00905 to read as follows:
473	475		Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION
474	476		REQUIRED. (a) The Texas Commission on Law Enforcement shall
475	477		develop and the commission shall approve an examination for a
476	478		person assigned to the jail administrator position overseeing a
477	479		county jail.
478	480		(b) The commission shall adopt rules requiring a person,
479	481		other than a sheriff, assigned to the jail administrator position
480	482		overseeing a county jail to pass the examination not later than the
481	483		180th day after the date the person is assigned to that position.
482	484		The rules must provide that a person who fails the examination may
483	485		be immediately removed from the position and may not be reinstated
484	486		until the person passes the examination.
485	487		(c) The sheriff of a county shall perform the duties of the
486	488		jail administrator position at any time there is not a person
487	489		available who satisfies the examination requirements of this
488	490		section.
489	491		(d) A person other than a sheriff may not serve in the jail
490	492		administrator position of a county jail unless the person satisfies
491	493		the examination requirement of this section.
492	494		SECTION 4.02. Section 1701.253, Occupations Code, is
493	495		amended by amending Subsection (j) and adding Subsection (n) to
494	496		read as follows:
495	497		(j) As part of the minimum curriculum requirements, the
496	498		commission shall require an officer to complete a 40-hour statewide
497	499		education and training program on de-escalation and crisis
498	500		intervention techniques to facilitate interaction with persons
499	501		with mental impairments. An officer shall complete the program not
500	502		later than the second anniversary of the date the officer is
501	503		licensed under this chapter or the date the officer applies for an
502	504		intermediate proficiency certificate, whichever date is earlier.
503	505		An officer may not satisfy the requirements of this subsection
504	506		[section] or Section 1701.402(g) by taking an online course on
505	507		de-escalation and crisis intervention techniques to facilitate
506	508		interaction with persons with mental impairments.
507	509		(n) As part of the minimum curriculum requirements, the
508	510		commission shall require an officer to complete a statewide
509	511		education and training program on de-escalation techniques to
510	512		facilitate interaction with members of the public, including
511	513		techniques for limiting the use of force resulting in bodily
512	514		injury.
513	515		SECTION 4.03. Section 1701.310(a), Occupations Code, is
514	516		amended to read as follows:
515	517		(a) Except as provided by Subsection (e), a person may not
516	518		be appointed as a county jailer, except on a temporary basis, unless
517	519		the person has satisfactorily completed a preparatory training
518	520		program, as required by the commission, in the operation of a county
519	521		jail at a school operated or licensed by the commission. The
520	522		training program must consist of at least eight hours of mental
521	523		health training approved by the commission and the Commission on
522	524		Jail Standards.
523	525		SECTION 4.04. Section 1701.352(b), Occupations Code, is
524	526		amended to read as follows:
525	527		(b) The commission shall require a state, county, special
526	528		district, or municipal agency that appoints or employs peace
527	529		officers to provide each peace officer with a training program at
528	530		least once every 48 months that is approved by the commission and
529	531		consists of:
530	532		(1) topics selected by the agency; and
531	533		(2) for an officer holding only a basic proficiency
532	534		certificate, not more than 20 hours of education and training that
533	535		contain curricula incorporating the learning objectives developed
534	536		by the commission regarding:
535	537		(A) civil rights, racial sensitivity, and
536	538		cultural diversity;
537	539		(B) de-escalation and crisis intervention
538	540		techniques to facilitate interaction with persons with mental
539	541		impairments; [and]
540	542		(C) de-escalation techniques to facilitate
541	543		interaction with members of the public, including techniques for
542	544		limiting the use of force resulting in bodily injury; and
543	545		(D) unless determined by the agency head to be
544	546		inconsistent with the officer's assigned duties:
545	547		(i) the recognition and documentation of
546	548		cases that involve child abuse or neglect, family violence, and
547	549		sexual assault; and
548	550		(ii) issues concerning sex offender
549	551		characteristics.
550	552		SECTION 4.05. Section 1701.402, Occupations Code, is
551	553		amended by adding Subsection (n) to read as follows:
552	554		(n) As a requirement for an intermediate proficiency
553	555		certificate or an advanced proficiency certificate, an officer must
554	556		complete the education and training program regarding
555	557		de-escalation techniques to facilitate interaction with members of
556	558		the public established by the commission under Section 1701.253(n).
557	559		SECTION 4.06. Not later than March 1, 2018, the Texas
558	560		Commission on Law Enforcement shall develop and the Commission on
559	561		Jail Standards shall approve the examination required by Section
560	562		511.00905, Government Code, as added by this article.
561	563		SECTION 4.07. (a) Not later than March 1, 2018, the Texas
562	564		Commission on Law Enforcement shall establish or modify training
563	565		programs as necessary to comply with Section 1701.253, Occupations
564	566		Code, as amended by this article.
565	567		(b) The minimum curriculum requirements under Section
566	568		1701.253(j), Occupations Code, as amended by this article, apply
567	569		only to a peace officer who first begins to satisfy those
568	570		requirements on or after April 1, 2018.
569	571		SECTION 4.08. (a) Section 1701.310, Occupations Code, as
570	572		amended by this article, takes effect January 1, 2018.
571	573		(b) A person in the position of county jailer on September
572	574		1, 2017, must comply with Section 1701.310(a), Occupations Code, as
573	575		amended by this article, not later than August 31, 2021.
574	576		ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF
575	577		CITATIONS
576	578		SECTION 5.01. Article 2.132, Code of Criminal Procedure, is
577	579		amended by amending Subsections (b) and (d) and adding Subsection
578	580		(h) to read as follows:
579	581		(b) Each law enforcement agency in this state shall adopt a
580	582		detailed written policy on racial profiling. The policy must:
581	583		(1) clearly define acts constituting racial
582	584		profiling;
583	585		(2) strictly prohibit peace officers employed by the
584	586		agency from engaging in racial profiling;
585	587		(3) implement a process by which an individual may
586	588		file a complaint with the agency if the individual believes that a
587	589		peace officer employed by the agency has engaged in racial
588	590		profiling with respect to the individual;
589	591		(4) provide public education relating to the agency's
590	592		compliment and complaint process, including providing the
591	593		telephone number, mailing address, and e-mail address to make a
592	594		compliment or complaint with respect to each ticket, citation, or
593	595		warning issued by a peace officer;
594	596		(5) require appropriate corrective action to be taken
595	597		against a peace officer employed by the agency who, after an
596	598		investigation, is shown to have engaged in racial profiling in
597	599		violation of the agency's policy adopted under this article;
598	600		(6) require collection of information relating to
599	601		motor vehicle stops in which a ticket, citation, or warning is
600	602		issued and to arrests made as a result of those stops, including
601	603		information relating to:
602	604		(A) the race or ethnicity of the individual
603	605		detained;
604	606		(B) whether a search was conducted and, if so,
605	607		whether the individual detained consented to the search; [and]
606	608		(C) whether the peace officer knew the race or
607	609		ethnicity of the individual detained before detaining that
608	610		individual;
609	611		(D) whether the peace officer used physical force
610	612		that resulted in bodily injury, as that term is defined by Section
611	613		1.07, Penal Code, during the stop;
612	614		(E) the location of the stop; and
613	615		(F) the reason for the stop; and
614	616		(7) require the chief administrator of the agency,
615	617		regardless of whether the administrator is elected, employed, or
616	618		appointed, to submit an annual report of the information collected
617	619		under Subdivision (6) to:
618	620		(A) the Texas Commission on Law Enforcement; and
619	621		(B) the governing body of each county or
620	622		municipality served by the agency, if the agency is an agency of a
621	623		county, municipality, or other political subdivision of the state.
622	624		(d) On adoption of a policy under Subsection (b), a law
623	625		enforcement agency shall examine the feasibility of installing
624	626		video camera and transmitter-activated equipment in each agency law
625	627		enforcement motor vehicle regularly used to make motor vehicle
626	628		stops and transmitter-activated equipment in each agency law
627	629		enforcement motorcycle regularly used to make motor vehicle stops.
628	630		The agency also shall examine the feasibility of equipping each
629	631		peace officer who regularly detains or stops motor vehicles with a
630	632		body worn camera, as that term is defined by Section 1701.651,
631	633		Occupations Code. If a law enforcement agency installs video or
632	634		audio equipment or equips peace officers with body worn cameras as
633	635		provided by this subsection, the policy adopted by the agency under
634	636		Subsection (b) must include standards for reviewing video and audio
635	637		documentation.
636	638		(h) A law enforcement agency shall review the data collected
637	639		under Subsection (b)(6) to identify any improvements the agency
638	640		could make in its practices and policies regarding motor vehicle
639	641		stops.
640	642		SECTION 5.02. Article 2.133, Code of Criminal Procedure, is
641	643		amended by amending Subsection (b) and adding Subsection (c) to
642	644		read as follows:
643	645		(b) A peace officer who stops a motor vehicle for an alleged
644	646		violation of a law or ordinance shall report to the law enforcement
645	647		agency that employs the officer information relating to the stop,
646	648		including:
647	649		(1) a physical description of any person operating the
648	650		motor vehicle who is detained as a result of the stop, including:
649	651		(A) the person's gender; and
650	652		(B) the person's race or ethnicity, as stated by
651	653		the person or, if the person does not state the person's race or
652	654		ethnicity, as determined by the officer to the best of the officer's
653	655		ability;
654	656		(2) the initial reason for the stop;
655	657		(3) whether the officer conducted a search as a result
656	658		of the stop and, if so, whether the person detained consented to the
657	659		search;
658	660		(4) whether any contraband or other evidence was
659	661		discovered in the course of the search and a description of the
660	662		contraband or evidence;
661	663		(5) the reason for the search, including whether:
662	664		(A) any contraband or other evidence was in plain
663	665		view;
664	666		(B) any probable cause or reasonable suspicion
665	667		existed to perform the search; or
666	668		(C) the search was performed as a result of the
667	669		towing of the motor vehicle or the arrest of any person in the motor
668	670		vehicle;
669	671		(6) whether the officer made an arrest as a result of
670	672		the stop or the search, including a statement of whether the arrest
671	673		was based on a violation of the Penal Code, a violation of a traffic
672	674		law or ordinance, or an outstanding warrant and a statement of the
673	675		offense charged;
674	676		(7) the street address or approximate location of the
675	677		stop; [and]
676	678		(8) whether the officer issued a verbal or written
677	679		warning or a ticket or citation as a result of the stop; and
678	680		(9) whether the officer used physical force that
679	681		resulted in bodily injury, as that term is defined by Section 1.07,
680	682		Penal Code, during the stop.
681	683		(c) The chief administrator of a law enforcement agency,
682	684		regardless of whether the administrator is elected, employed, or
683	685		appointed, is responsible for auditing reports under Subsection (b)
684	686		to ensure that the race or ethnicity of the person operating the
685	687		motor vehicle is being reported.
686	688		SECTION 5.03. Article 2.134(c), Code of Criminal Procedure,
687	689		is amended to read as follows:
688	690		(c) A report required under Subsection (b) must be submitted
689	691		by the chief administrator of the law enforcement agency,
690	692		regardless of whether the administrator is elected, employed, or
691	693		appointed, and must include:
692	694		(1) a comparative analysis of the information compiled
693	695		under Article 2.133 to:
694	696		(A) evaluate and compare the number of motor
695	697		vehicle stops, within the applicable jurisdiction, of persons who
696	698		are recognized as racial or ethnic minorities and persons who are
697	699		not recognized as racial or ethnic minorities; [and]
698	700		(B) examine the disposition of motor vehicle
699	701		stops made by officers employed by the agency, categorized
700	702		according to the race or ethnicity of the affected persons, as
701	703		appropriate, including any searches resulting from stops within the
702	704		applicable jurisdiction; and
703	705		(C) evaluate and compare the number of searches
704	706		resulting from motor vehicle stops within the applicable
705	707		jurisdiction and whether contraband or other evidence was
706	708		discovered in the course of those searches; and
707	709		(2) information relating to each complaint filed with
708	710		the agency alleging that a peace officer employed by the agency has
709	711		engaged in racial profiling.
710	712		SECTION 5.04. Article 2.137, Code of Criminal Procedure, is
711	713		amended to read as follows:
712	714		Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
713	715		Department of Public Safety shall adopt rules for providing funds
714	716		or video and audio equipment to law enforcement agencies for the
715	717		purpose of installing video and audio equipment in law enforcement
716	718		motor vehicles and motorcycles or equipping peace officers with
717	719		body worn cameras [as described by Article 2.135(a)(1)(A)],
718	720		including specifying criteria to prioritize funding or equipment
719	721		provided to law enforcement agencies. The criteria may include
720	722		consideration of tax effort, financial hardship, available
721	723		revenue, and budget surpluses. The criteria must give priority to:
722	724		(1) law enforcement agencies that employ peace
723	725		officers whose primary duty is traffic enforcement;
724	726		(2) smaller jurisdictions; and
725	727		(3) municipal and county law enforcement agencies.
726	728		(b) The Department of Public Safety shall collaborate with
727	729		an institution of higher education to identify law enforcement
728	730		agencies that need funds or video and audio equipment for the
729	731		purpose of installing video and audio equipment in law enforcement
730	732		motor vehicles and motorcycles or equipping peace officers with
731	733		body worn cameras [as described by Article 2.135(a)(1)(A)]. The
732	734		collaboration may include the use of a survey to assist in
733	735		developing criteria to prioritize funding or equipment provided to
734	736		law enforcement agencies.
735	737		(c) To receive funds or video and audio equipment from the
736	738		state for the purpose of installing video and audio equipment in law
737	739		enforcement motor vehicles and motorcycles or equipping peace
738	740		officers with body worn cameras [as described by Article
739	741		2.135(a)(1)(A)], the governing body of a county or municipality, in
740	742		conjunction with the law enforcement agency serving the county or
741	743		municipality, shall certify to the Department of Public Safety that
742	744		the law enforcement agency needs funds or video and audio equipment
743	745		for that purpose.
744	746		(d) On receipt of funds or video and audio equipment from
745	747		the state for the purpose of installing video and audio equipment in
746	748		law enforcement motor vehicles and motorcycles or equipping peace
747	749		officers with body worn cameras [as described by Article
748	750		2.135(a)(1)(A)], the governing body of a county or municipality, in
749	751		conjunction with the law enforcement agency serving the county or
750	752		municipality, shall certify to the Department of Public Safety that
751	753		the law enforcement agency has taken the necessary actions to use
752	754		and is using [installed] video and audio equipment and body worn
753	755		cameras for those purposes [as described by Article 2.135(a)(1)(A)
754	756		and is using the equipment as required by Article 2.135(a)(1)].
755	757		SECTION 5.05. Article 2.1385(a), Code of Criminal
756	758		Procedure, is amended to read as follows:
757	759		(a) If the chief administrator of a local law enforcement
758	760		agency intentionally fails to submit the incident-based data as
759	761		required by Article 2.134, the agency is liable to the state for a
760	762		civil penalty in an [the] amount not to exceed $5,000 [of $1,000]
761	763		for each violation. The attorney general may sue to collect a
762	764		civil penalty under this subsection.
763	765		SECTION 5.06. Article 2.135, Code of Criminal Procedure, is
764	766		repealed.
765	767		SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal
766	768		Procedure, as amended by this article, apply only to a report
767	769		covering a calendar year beginning on or after January 1, 2018.
768	770		SECTION 5.08. Not later than September 1, 2018, the Texas
769	771		Commission on Law Enforcement shall:
770	772		(1) evaluate and change the guidelines for compiling
771	773		and reporting information required under Article 2.134, Code of
772	774		Criminal Procedure, as amended by this article, to enable the
773	775		guidelines to better withstand academic scrutiny; and
774	776		(2) make accessible online:
775	777		(A) a downloadable format of any information
776	778		submitted under Article 2.134(b), Code of Criminal Procedure, that
777	779		is not exempt from public disclosure under Chapter 552, Government
778	780		Code; and
779	781		(B) a glossary of terms relating to the
780	782		information to make the information readily understandable to the
781	783		public.
782	784		ARTICLE 6. EFFECTIVE DATE
783	785		SECTION 6.01. Except as otherwise provided by this Act,
784	786		this Act takes effect September 1, 2017.
785		-	______________________________ ______________________________
786		-	President of the Senate Speaker of the House
787		-	I hereby certify that S.B. No. 1849 passed the Senate on
788		-	May 11, 2017, by the following vote: Yeas 31, Nays 0.
789		-	______________________________
790		-	Secretary of the Senate
791		-	I hereby certify that S.B. No. 1849 passed the House on
792		-	May 20, 2017, by the following vote: Yeas 137, Nays 0, one
793		-	present not voting.
794		-	______________________________
795		-	Chief Clerk of the House
796		-	Approved:
797		-	______________________________
798		-	Date
799		-	______________________________
800		-	Governor