Texas 2019 - 86th Regular

Texas House Bill HB2015 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Dutton H.B. No. 2015
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to searches, seizures and raids by Special Weapons and
7	7	Tactics teams.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 2.1371, Code of Criminal Procedure, is
10	10	added to read as follows:
11	11	Art. 2.1371. PROVISION OF BODY CAMERAS TO SPECIAL TEAMS. A
12	12	department may not create or administer a Special Weapons and
13	13	Tactics team or unit unless every officer on that unit is equipped
14	14	with a body camera and the department has instituted policies and
15	15	procedures to ensure that body cameras are turned on and recording
16	16	during all unit action and remain on until the action is concluded
17	17	by the arrest of all persons or at the time that all police
18	18	personnel have left the premises. Body camera video shall
19	19	otherwise be governed by Occupations Code Art. 1701.655 and Article
20	20	2.1396, Code of Criminal Procedure.
21	21	SECTION 2. Article 2.1383 and Article 2.1384, Code of
22	22	Criminal Procedure, are added to read as follows:
23	23	Art. 2.1383. STANDARDS FOR DEPLOYMENT OF SPECIAL WEAPONS
24	24	AND TACTICS TEAMS (SWAT). (a) In this article, a "Special Weapons
25	25	and Tactics team" is defined as a designated team of law enforcement
26	26	officers who are specifically trained and equipped to work as a
27	27	coordinated team to respond to critical incidents, including, but
28	28	not limited to, hostage taking, barricaded suspects, snipers,
29	29	terrorist acts, and other high-risk incidents, regardless of the
30	30	name an agency gives to such team.
31	31	(b) A department administering a Special Weapons and
32	32	Tactics team shall institute policies designed to limit the
33	33	deployment of that team to situations involving an imminent threat
34	34	of serious bodily injury to civilians or officers. The
35	35	determination to deploy a Special Weapons and Tactics team shall be
36	36	based on consideration of evidence for an imminent threat to a
37	37	persons or officers, and that the conditions are such that the
38	38	suspect cannot reasonably be apprehended using routine methods.
39	39	The existence alone of a legally owned gun in the home of an
40	40	individual does not constitute evidence of an imminent threat.
41	41	When SWAT is deployed for a pre-planned warrant service or for an
42	42	incident not involving ongoing violence, the basis for believing an
43	43	imminent threat exists should be reviewed and approved by a
44	44	supervisor at the level of Captain or above before the deployment,
45	45	to include justification for warrant execution between the hours of
46	46	sunset and sunrise.
47	47	Art. 2.1384. REPORTS REQUIRED FOR SPECIAL WEAPONS AND
48	48	TACTICS TEAM DEPLOYMENTS. (a) All departments administering a
49	49	Special Weapons and Tactical team shall annually report information
50	50	about team deployments and training to their local governing body.
51	51	(b) The Texas Commission on Law Enforcement by rule shall
52	52	create a training curriculum and standards for certification as a
53	53	SWAT team member, and for in-service training requirements for SWAT
54	54	certified officers and for SWAT teams.
55	55	(c) The Texas Commission on Law Enforcement by rule shall
56	56	create a form for use by departments for reporting to the local
57	57	governing body, which may require additional reporting, but the
58	58	report must include at least the following information about
59	59	Special Weapons and Tactics Team's:
60	60	(1) the date on which the team was deployed;
61	61	(2) the location where the incident occurred;
62	62	(3) the specific reason for the deployment including a
63	63	short description of the evidence of ongoing violent conduct
64	64	including the existence of a tip by an undercover or anonymous
65	65	informant;
66	66	(4) a listing of military or forcible entry equipment
67	67	used, if any;
68	68	(4) if known, the age, gender, and race or ethnicity of
69	69	each injured or deceased person involved in the incident;
70	70	(5) a list of any controlled substances, weapons,
71	71	contraband, or evidence of crime found on the premises or any
72	72	individuals;
73	73	(6) whether any person used, exhibited, or was
74	74	carrying a deadly weapon during the incident;
75	75	(8) whether the incident occurred as a result of a drug
76	76	investigation.
77	77	(9) the training received by the SWAT team
78	78	collectively and for the SWAT officers individually.
79	79	SECTION 3. Article 2.1396, Code of Criminal Procedure, is
80	80	amended to read as follows:
81	81	Art. 2.1396. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION
82	82	OFFENSES OR PERSONS SUBJECT TO ARREST, DETENTION OR INJURY BY A
83	83	SPECIAL WEAPONS AND TACTICS UNIT. A person stopped or arrested on
84	84	suspicion of an offense under Section 49.04, 49.045, 49.07, or
85	85	49.08, Penal Code,
86	86	a person whose arrest or detention is the result
87	87	of a Special Weapons And Tactics operation, or an immediate family
88	88	member of a person who suffered serious bodily injury or died as a
89	89	result of a Special Weapons and Tactics operation is entitled to
90	90	receive from a law enforcement agency employing the peace officer
91	91	or officers who made the stop or arrest or conducted the operation a
92	92	copy of [any] all video or audio recordings made by or at the
93	93	direction of the officer that [contains footage of] recorded:
94	94	(1) the stop or other police action;
95	95	(2) the arrest;
96	96	(3) the conduct of the person [stopped] during any
97	97	interaction with the officer, including during the administration
98	98	of a field sobriety test; or
99	99	(4) a procedure in which a specimen of the person's
100	100	breath or blood is taken.
101	101	SECTION 4. The Texas Commission on Law Enforcement shall
102	102	adopt the rules required by Section 2.1384, Code of Criminal
103	103	Procedure, as added by this Act, not later than December 1, 2019.
104	104	SECTION 5. This Act takes effect September 1, 2019.