Texas 2019 - 86th Regular

Texas House Bill HB282 Latest Draft

Bill / Comm Sub Version Filed 04/15/2019

                            86R20640 JCG-D
 By: Neave H.B. No. 282
 Substitute the following for H.B. No. 282:
 By:  Burns C.S.H.B. No. 282


 A BILL TO BE ENTITLED
 AN ACT
 relating to the training of peace officers on cases involving child
 abuse and neglect, family violence, and sexual assault.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1701.253(b), Occupations Code, is
 amended to read as follows:
 (b)  In establishing requirements under this section, the
 commission shall require courses and programs to provide training
 in:
 (1)  the recognition, investigation, and documentation
 of cases that involve[:
 [(A)]  child abuse and [or] neglect, [;
 [(B)]  family violence, [;] and
 [(C)]  sexual assault, including the use of best
 practices and trauma-informed response techniques to effectively
 recognize, investigate, and document those cases;
 (2)  issues concerning sex offender characteristics;
 and
 (3)  crime victims' rights under Chapter 56, Code of
 Criminal Procedure, and Chapter 57, Family Code, and the duty of law
 enforcement agencies to ensure that a victim is afforded those
 rights.
 SECTION 2.  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;
 (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, investigation, and
 documentation of cases that involve child abuse and [or] neglect,
 family violence, and sexual assault, including the use of best
 practices and trauma-informed response techniques to effectively
 recognize, investigate, and document those cases; and
 (ii)  issues concerning sex offender
 characteristics.
 SECTION 3.  Subchapter I, Chapter 1701, Occupations Code, is
 amended by adding Section 1701.4045 to read as follows:
 Sec. 1701.4045.  CERTIFICATION OF OFFICERS FOR CHILD ABUSE
 AND NEGLECT, FAMILY VIOLENCE, AND SEXUAL ASSAULT ASSIGNMENTS. (a)
 The commission by rule shall establish minimum requirements for the
 training, testing, and certification of special officers for
 responding to allegations of child abuse and neglect, family
 violence, and sexual assault.
 (b)  The commission may certify a peace officer as a special
 officer for responding to allegations of child abuse and neglect,
 family violence, and sexual assault if the person:
 (1)  completes an advanced training course
 administered by the commission on recognizing, investigating, and
 documenting cases involving child abuse and neglect, family
 violence, and sexual assault using best practices and
 trauma-informed response techniques; and
 (2)  passes an examination administered by the
 commission that is designed to test the person's:
 (A)  knowledge and recognition of the signs of
 child abuse and neglect, family violence, and sexual assault; and
 (B)  skill at investigating and documenting child
 abuse and neglect, family violence, and sexual assault using best
 practices and trauma-informed response techniques.
 (c)  The commission may issue a professional achievement or
 proficiency certificate to a peace officer who meets the
 requirements of Subsection (b).
 SECTION 4.  Not later than January 1, 2020, the Texas
 Commission on Law Enforcement shall establish the comprehensive
 education and training program required by Section 1701.253(b),
 Occupations Code, as amended by this Act.
 SECTION 5.  As soon as practicable after the effective date
 of this Act, the Texas Commission on Law Enforcement shall adopt
 rules necessary to implement Section 1701.4045, Occupations Code,
 as added by this Act.
 SECTION 6.  This Act takes effect September 1, 2019.