| 1 | 1 | | 87R1540 ADM-D |
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| 2 | 2 | | By: Sherman, Sr. H.B. No. 1642 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to official oppression and to law enforcement policies |
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| 8 | 8 | | requiring peace officers to report certain peace officer |
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| 9 | 9 | | misconduct; creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.33 to read as follows: |
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| 13 | 13 | | Art. 2.33. LAW ENFORCEMENT POLICY ON EXCESSIVE FORCE OR |
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| 14 | 14 | | OFFICIAL OPPRESSION; REPORT REQUIRED. (a) In this article, "law |
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| 15 | 15 | | enforcement agency" means an agency of the state or an agency of a |
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| 16 | 16 | | political subdivision of the state authorized by law to employ |
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| 17 | 17 | | peace officers. |
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| 18 | 18 | | (b) Each law enforcement agency in this state shall adopt a |
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| 19 | 19 | | detailed written policy requiring peace officers employed by the |
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| 20 | 20 | | agency to promptly make a detailed written report of any incident in |
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| 21 | 21 | | which the peace officer witnesses another peace officer: |
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| 22 | 22 | | (1) using more force against a person suspected of |
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| 23 | 23 | | committing an offense than an ordinary, prudent peace officer would |
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| 24 | 24 | | use under the same or similar circumstances; or |
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| 25 | 25 | | (2) committing an offense under Section 39.03, Penal |
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| 26 | 26 | | Code. |
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| 27 | 27 | | (c) The policy must require a peace officer who makes a |
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| 28 | 28 | | report under Subsection (b) to deliver the report to the supervisor |
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| 29 | 29 | | of: |
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| 30 | 30 | | (1) the peace officer making the report; and |
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| 31 | 31 | | (2) the peace officer who used the excessive force or |
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| 32 | 32 | | committed official oppression. |
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| 33 | 33 | | (d) A law enforcement agency shall ensure that each peace |
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| 34 | 34 | | officer employed by the agency receives adequate training on the |
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| 35 | 35 | | policy adopted under this article. |
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| 36 | 36 | | (e) A law enforcement agency may not retaliate or |
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| 37 | 37 | | discriminate against an employee of the agency for making a report |
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| 38 | 38 | | required by this article. |
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| 39 | 39 | | SECTION 2. Section 39.03(a), Penal Code, is amended to read |
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| 40 | 40 | | as follows: |
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| 41 | 41 | | (a) A public servant acting under color of [his] office or |
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| 42 | 42 | | employment commits an offense if the public servant [he]: |
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| 43 | 43 | | (1) intentionally, knowingly, or recklessly subjects |
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| 44 | 44 | | another to mistreatment or to arrest, detention, search, seizure, |
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| 45 | 45 | | dispossession, assessment, or lien that the public servant [he] |
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| 46 | 46 | | knows is unlawful; |
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| 47 | 47 | | (2) intentionally, knowingly, or recklessly denies or |
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| 48 | 48 | | impedes another in the exercise or enjoyment of any right, |
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| 49 | 49 | | privilege, power, or immunity, knowing the public servant's [his] |
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| 50 | 50 | | conduct is unlawful; or |
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| 51 | 51 | | (3) intentionally, knowingly, or recklessly subjects |
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| 52 | 52 | | another to sexual harassment. |
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| 53 | 53 | | SECTION 3. Chapter 39, Penal Code, is amended by adding |
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| 54 | 54 | | Section 39.031 to read as follows: |
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| 55 | 55 | | Sec. 39.031. FAILURE TO MAKE OR DELIVER REQUIRED REPORT OF |
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| 56 | 56 | | CERTAIN PEACE OFFICER MISCONDUCT. (a) A peace officer required to |
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| 57 | 57 | | make and deliver a report under a policy adopted under Article 2.33, |
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| 58 | 58 | | Code of Criminal Procedure, commits an offense if the peace officer |
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| 59 | 59 | | fails to make or deliver the report as required by that policy. |
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| 60 | 60 | | (b) An offense under this section is a Class A misdemeanor. |
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| 61 | 61 | | SECTION 4. Section 39.03, Penal Code, as amended by this |
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| 62 | 62 | | Act, applies only to an offense committed on or after the effective |
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| 63 | 63 | | date of this Act. An offense committed before the effective date of |
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| 64 | 64 | | this Act is governed by the law in effect on the date the offense was |
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| 65 | 65 | | committed, and the former law is continued in effect for that |
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| 66 | 66 | | purpose. For purposes of this section, an offense was committed |
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| 67 | 67 | | before the effective date of this Act if any element of the offense |
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| 68 | 68 | | occurred before that date. |
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| 69 | 69 | | SECTION 5. Not later than January 1, 2022, each law |
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| 70 | 70 | | enforcement agency in this state shall adopt the policy required by |
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| 71 | 71 | | Article 2.33, Code of Criminal Procedure, as added by this Act. |
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| 72 | 72 | | SECTION 6. (a) Except as provided by Subsection (b) of this |
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| 73 | 73 | | section, this Act takes effect September 1, 2021. |
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| 74 | 74 | | (b) Section 39.031, Penal Code, as added by this Act, takes |
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| 75 | 75 | | effect January 1, 2022. |
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