S.B. No. 1849
AN ACT
relating to interactions between law enforcement and individuals
detained or arrested on suspicion of the commission of criminal
offenses, to the confinement, conviction, or release of those
individuals, and to grants supporting populations that are more
likely to interact frequently with law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE
SECTION 1.01. SHORT TITLE. This Act shall be known as the
Sandra Bland Act, in memory of Sandra Bland.
ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR
PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL
DISABILITY, OR A SUBSTANCE ABUSE ISSUE
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 12 [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 ISSUE. (a) Each law enforcement agency
shall make a good faith effort to divert a person suffering a mental
health crisis or suffering from the effects of substance abuse to a
proper treatment center in the agency's jurisdiction if:
(1) there is an available and appropriate treatment
center in the agency's jurisdiction to which the agency may divert
the person;
(2) it is reasonable to divert the person;
(3) the offense that the person is accused of is a
misdemeanor, other than a misdemeanor involving violence; and
(4) the mental health crisis or substance abuse issue
is suspected to be the reason the person committed the alleged
offense.
(b) Subsection (a) does not apply to a person who is accused
of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065,
49.07, or 49.08, Penal Code.
SECTION 2.03. Section 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 issues, or [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 collaboratives; or
(2) establishing or expanding collaboratives that
serve two or more counties, each with a population of less than
100,000 [collaborative].
(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 the purpose of providing services to those persons.
SECTION 2.04. Chapter 539, Government Code, is amended by
adding Section 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 or substance abuse
treatment.
(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) Two or more counties, each with a population of less
than 100,000, may form a joint plan under Subsection (a).
ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS
SECTION 3.01. 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 3.02. 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 or
intellectual disability treatment for the defendant, as
applicable; 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 3.03. Article 25.03, 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 indictment [same] to the accused or
the accused's [his] counsel[,] at the earliest possible time.
SECTION 3.04. Article 25.04, Code of Criminal Procedure, is
amended to read as follows:
Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk
shall deliver a copy of the indictment or information to the accused
or the accused's counsel at the earliest possible time before trial
[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].
SECTION 3.05. Section 511.009(a), Government Code, as
amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.
634), Acts of the 84th Legislature, Regular Session, 2015, is
reenacted and amended to read as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if
necessary;
(6) provide to local government officials
consultation on and technical assistance for county jails;
(7) review and comment on plans for the construction
and major modification or renovation of county jails;
(8) require that the sheriff and commissioners of each
county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8)
and require commission employees to inspect county jails regularly
to ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(12) require that the chief jailer of each municipal
lockup submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the lockup, including all information
necessary to determine compliance with state law concerning secure
confinement of children in municipal lockups;
(13) at least annually determine whether each county
jail is in compliance with the rules and procedures adopted under
this chapter;
(14) require that the sheriff and commissioners court
of each county submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the county jail, including all information
necessary to determine compliance with state law concerning secure
confinement of children in county jails;
(15) schedule announced and unannounced inspections
of jails under the commission's jurisdiction using the risk
assessment plan established under Section 511.0085 to guide the
inspections process;
(16) adopt a policy for gathering and distributing to
jails under the commission's jurisdiction information regarding:
(A) common issues concerning jail
administration;
(B) examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
(C) solutions to operational challenges for
jails;
(17) report to the Texas Correctional Office on
Offenders with Medical or Mental Impairments on a jail's compliance
with Article 16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures
establishing minimum requirements for jails to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan
addresses medical and mental health care, including nutritional
requirements, and any special housing or work assignment needs for
persons who are confined in the jail and are known or determined to
be pregnant;
(19) provide guidelines to sheriffs regarding
contracts between a sheriff and another entity for the provision of
food services to or the operation of a commissary in a jail under
the commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety; [and]
(20) adopt reasonable rules and procedures
establishing minimum standards for prisoner visitation that
provide each prisoner at a county jail with a minimum of two
in-person, noncontact visitation periods per week of at least 20
minutes duration each;
(21) [(20)] require the sheriff of each county to:
(A) investigate and verify the veteran status of
each prisoner by using data made available from the Veterans
Reentry Search Service (VRSS) operated by the United States
Department of Veterans Affairs or a similar service; and
(B) use the data described by Paragraph (A) to
assist prisoners who are veterans in applying for federal benefits
or compensation for which the prisoners may be eligible under a
program administered by the United States Department of Veterans
Affairs;
(22) [(20)] adopt reasonable rules and procedures
regarding visitation of a prisoner at a county jail by a guardian,
as defined by Section 1002.012, Estates Code, that:
(A) allow visitation by a guardian to the same
extent as the prisoner's next of kin, including placing the
guardian on the prisoner's approved visitors list on the guardian's
request and providing the guardian access to the prisoner during a
facility's standard visitation hours if the prisoner is otherwise
eligible to receive visitors; and
(B) require the guardian to provide the sheriff
with letters of guardianship issued as provided by Section
1106.001, Estates Code, before being allowed to visit the prisoner;
and
(23) adopt reasonable rules and procedures to ensure
the safety of prisoners, including rules and procedures that
require a county jail to:
(A) give prisoners the ability to access a mental
health professional at the jail through a telemental health service
24 hours a day;
(B) give prisoners the ability to access a health
professional at the jail or through a telehealth service 24 hours a
day or, if a health professional is unavailable at the jail or
through a telehealth service, provide for a prisoner to be
transported to access a health professional; and
(C) if funding is available under Section
511.019, install automated electronic sensors or cameras to ensure
accurate and timely in-person checks of cells or groups of cells
confining at-risk individuals.
SECTION 3.06. Section 511.009, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) The commission shall adopt reasonable rules and
procedures establishing minimum standards regarding the continuity
of prescription medications for the care and treatment of
prisoners. The rules and procedures shall require that a qualified
medical professional shall review as soon as possible any
prescription medication a prisoner is taking when the prisoner is
taken into custody.
SECTION 3.07. Chapter 511, Government Code, is amended by
adding Sections 511.019, 511.020, and 511.021 to read as follows:
Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner
safety fund is a dedicated account in the general revenue fund.
(b) The prisoner 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.
(c) Money in the fund may be appropriated only to the
commission to pay for capital improvements that are required under
Section 511.009(a)(23).
(d) The commission by rule may establish a grant program to
provide grants to counties to fund capital improvements described
by Subsection (c). The commission may only provide a grant to a
county for capital improvements to a county jail with a capacity of
not more than 96 prisoners.
Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before
the fifth day of each month, the sheriff of each county shall report
to the commission regarding the occurrence during the preceding
month of any of the following incidents involving a prisoner in the
county jail:
(1) a suicide;
(2) an attempted suicide;
(3) a death;
(4) a serious bodily injury, as that term is defined by
Section 1.07, Penal Code;
(5) an assault;
(6) an escape;
(7) a sexual assault; and
(8) any use of force resulting in bodily injury, as
that term is defined by Section 1.07, Penal Code.
(b) The commission shall prescribe a form for the report
required by Subsection (a).
(c) The information required to be reported under
Subsection (a)(8) may not include the name or other identifying
information of a county jailer or jail employee.
(d) The information reported under Subsection (a) is public
information subject to an open records request under Chapter 552.
Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING
IN COUNTY JAIL. (a) On the death of a prisoner in a county jail,
the commission shall appoint a law enforcement agency, other than
the local law enforcement agency that operates the county jail, to
investigate the death as soon as possible.
(b) The commission shall adopt any rules necessary relating
to the appointment of a law enforcement agency under Subsection
(a), including rules relating to cooperation between law
enforcement agencies and to procedures for handling evidence.
SECTION 3.08. The changes in law made by this article to
Article 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 3.09. Not later than January 1, 2018, the
Commission on Jail Standards shall:
(1) adopt the rules and procedures required by Section
511.009(d), Government Code, as added by this article, and the
rules required by Section 511.021(b), Government Code, as added by
this article; and
(2) prescribe the form required by Section 511.020(b),
Government Code, as added by this article.
SECTION 3.10. Not later than September 1, 2018, the
Commission on Jail Standards shall adopt the rules and procedures
required by Section 511.009(a)(23), Government Code, as added by
this article. On and after September 1, 2020, a county jail shall
comply with any rule or procedure adopted by the Commission on Jail
Standards under that subdivision.
SECTION 3.11. 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.
ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING
SECTION 4.01. Chapter 511, Government Code, is amended by
adding Section 511.00905 to read as follows:
Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION
REQUIRED. (a) The Texas Commission on Law Enforcement shall
develop and the commission shall approve an examination for a
person assigned to the jail administrator position overseeing a
county jail.
(b) The commission shall adopt rules requiring a person,
other than a sheriff, assigned to the jail administrator position
overseeing a county jail to pass the examination not later than the
180th day after the date the person is assigned to that position.
The rules must provide that a person who fails the examination may
be immediately removed from the position and may not be reinstated
until the person passes the examination.
(c) The sheriff of a county shall perform the duties of the
jail administrator position at any time there is not a person
available who satisfies the examination requirements of this
section.
(d) A person other than a sheriff may not serve in the jail
administrator position of a county jail unless the person satisfies
the examination requirement of this section.
SECTION 4.02. Section 1701.253, Occupations Code, is
amended by amending Subsection (j) and adding Subsection (n) to
read as follows:
(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 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 resulting in bodily
injury.
SECTION 4.03. Section 1701.310(a), Occupations Code, is
amended to read as follows:
(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, as required by the commission, in the operation of a county
jail at a school operated or licensed by the commission. The
training program must consist of at least eight hours of mental
health training approved by the commission and the Commission on
Jail Standards.
SECTION 4.04. Section 1701.352(b), Occupations Code, is
amended 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, 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 resulting in bodily injury; 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.
SECTION 4.05. Section 1701.402, Occupations Code, is
amended by adding Subsection (n) to read as follows:
(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 4.06. Not later than March 1, 2018, the Texas
Commission on Law Enforcement shall develop and the Commission on
Jail Standards shall approve the examination required by Section
511.00905, Government Code, as added by this article.
SECTION 4.07. (a) Not later than March 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.
(b) The minimum curriculum requirements under Section
1701.253(j), Occupations Code, as amended by this article, apply
only to a peace officer who first begins to satisfy those
requirements on or after April 1, 2018.
SECTION 4.08. (a) Section 1701.310, Occupations Code, as
amended by this article, takes effect January 1, 2018.
(b) A person in the position of county jailer on September
1, 2017, must comply with Section 1701.310(a), Occupations Code, as
amended by this article, not later than August 31, 2021.
ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF
CITATIONS
SECTION 5.01. Article 2.132, Code of Criminal Procedure, is
amended by amending Subsections (b) and (d) and adding Subsection
(h) 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
compliment and complaint process, including providing the
telephone number, mailing address, and e-mail address to make a
compliment or complaint with respect to 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
motor vehicle stops in which a ticket, citation, or warning 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;
(D) whether the peace officer used physical force
that resulted in bodily injury, as that term is defined by Section
1.07, Penal Code, during the stop;
(E) the location of the stop; and
(F) the reason for 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.
(d) On adoption of a policy under Subsection (b), a law
enforcement agency shall examine the feasibility of installing
video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle
stops and transmitter-activated equipment in each agency law
enforcement motorcycle regularly used to make motor vehicle stops.
The agency also shall examine the feasibility of equipping each
peace officer who regularly detains or stops motor vehicles with a
body worn camera, as that term is defined by Section 1701.651,
Occupations Code. If a law enforcement agency installs video or
audio equipment or equips peace officers with body worn cameras as
provided by this subsection, the policy adopted by the agency under
Subsection (b) must include standards for reviewing video and audio
documentation.
(h) A law enforcement agency shall review the data collected
under Subsection (b)(6) to identify any improvements the agency
could make in its practices and policies regarding motor vehicle
stops.
SECTION 5.02. 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 ticket or citation as a result of the stop; and
(9) whether the officer used physical force that
resulted in bodily injury, as that term is defined by Section 1.07,
Penal Code, during the stop.
(c) The chief administrator of a law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, is responsible for auditing reports under Subsection (b)
to ensure that the race or ethnicity of the person operating the
motor vehicle is being reported.
SECTION 5.03. Article 2.134(c), Code of Criminal Procedure,
is 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; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
SECTION 5.04. 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
purpose of installing video and audio equipment in law enforcement
motor vehicles and motorcycles or equipping peace officers with
body worn cameras [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
purpose of installing video and audio equipment in law enforcement
motor vehicles and motorcycles or equipping peace officers with
body worn cameras [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 purpose of installing video and audio equipment in law
enforcement motor vehicles and motorcycles or equipping peace
officers with body worn cameras [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 that purpose.
(d) On receipt of funds or video and audio equipment from
the state for the purpose of installing video and audio equipment in
law enforcement motor vehicles and motorcycles or equipping peace
officers with body worn cameras [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 taken the necessary actions to use
and is using [installed] video and audio equipment and body worn
cameras 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 5.05. 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 an [the] amount not to exceed $5,000 [of $1,000]
for each violation. The attorney general may sue to collect a
civil penalty under this subsection.
SECTION 5.06. Article 2.135, Code of Criminal Procedure, is
repealed.
SECTION 5.07. 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 5.08. Not later than September 1, 2018, the Texas
Commission on Law Enforcement shall:
(1) 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 enable the
guidelines to better withstand academic scrutiny; and
(2) make accessible online:
(A) a downloadable format of any information
submitted under Article 2.134(b), Code of Criminal Procedure, that
is not exempt from public disclosure under Chapter 552, Government
Code; and
(B) a glossary of terms relating to the
information to make the information readily understandable to the
public.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1849 passed the Senate on
May 11, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1849 passed the House on
May 20, 2017, by the following vote: Yeas 137, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor