87R8818 MAW-D
By: Crockett H.B. No. 2655
A BILL TO BE ENTITLED
AN ACT
relating to a Department of Public Safety database concerning peace
officer misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1397 to read as follows:
Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY REGARDING
PEACE OFFICER MISCONDUCT. (a) In this article, "law enforcement
agency" means an agency of the state or an agency of a political
subdivision of the state authorized by law to employ peace
officers.
(b) A law enforcement agency shall promptly report to the
Department of Public Safety for inclusion in the database
established under Section 411.056, Government Code, each
allegation of misconduct concerning a peace officer employed by the
agency. The report must be made on the form adopted by that
department and must include information regarding:
(1) the nature of the allegation;
(2) the results of the agency's investigation of the
allegation; and
(3) any disciplinary action taken by the agency as a
result of the allegation.
SECTION 2. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.056 to read as follows:
Sec. 411.056. DATABASE OF PEACE OFFICER MISCONDUCT; REPORT.
(a) The department shall:
(1) adopt a form for the reporting of misconduct
allegations under Article 2.1397, Code of Criminal Procedure;
(2) establish a database for information concerning
reports received under that article; and
(3) make the database accessible to law enforcement
agencies in this state.
(b) Not later than June 1 and December 1 of each year, the
department shall submit a report regarding peace officer misconduct
to the governor, lieutenant governor, and each standing committee
of the legislature with primary jurisdiction over criminal justice
matters. The report must include information regarding the type
and frequency of misconduct allegations in this state.
(c) The department shall make each report submitted under
Subsection (b) available on the department's Internet website.
SECTION 3. Not later than January 1, 2022, the Department of
Public Safety of the State of Texas shall adopt the form and
establish the database as required by Section 411.056, Government
Code, as added by this Act.
SECTION 4. The Department of Public Safety of the State of
Texas shall submit its first report under Section 411.056(b),
Government Code, as added by this Act, not later than June 1, 2022.
SECTION 5. This Act takes effect September 1, 2021.