| 1 | 1 | | 87R8818 MAW-D |
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| 2 | 2 | | By: Crockett H.B. No. 2655 |
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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 a Department of Public Safety database concerning peace |
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| 8 | 8 | | officer misconduct. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 2.1397 to read as follows: |
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| 12 | 12 | | Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY REGARDING |
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| 13 | 13 | | PEACE OFFICER MISCONDUCT. (a) In this article, "law enforcement |
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| 14 | 14 | | agency" means an agency of the state or an agency of a political |
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| 15 | 15 | | subdivision of the state authorized by law to employ peace |
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| 16 | 16 | | officers. |
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| 17 | 17 | | (b) A law enforcement agency shall promptly report to the |
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| 18 | 18 | | Department of Public Safety for inclusion in the database |
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| 19 | 19 | | established under Section 411.056, Government Code, each |
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| 20 | 20 | | allegation of misconduct concerning a peace officer employed by the |
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| 21 | 21 | | agency. The report must be made on the form adopted by that |
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| 22 | 22 | | department and must include information regarding: |
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| 23 | 23 | | (1) the nature of the allegation; |
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| 24 | 24 | | (2) the results of the agency's investigation of the |
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| 25 | 25 | | allegation; and |
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| 26 | 26 | | (3) any disciplinary action taken by the agency as a |
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| 27 | 27 | | result of the allegation. |
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| 28 | 28 | | SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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| 29 | 29 | | amended by adding Section 411.056 to read as follows: |
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| 30 | 30 | | Sec. 411.056. DATABASE OF PEACE OFFICER MISCONDUCT; REPORT. |
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| 31 | 31 | | (a) The department shall: |
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| 32 | 32 | | (1) adopt a form for the reporting of misconduct |
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| 33 | 33 | | allegations under Article 2.1397, Code of Criminal Procedure; |
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| 34 | 34 | | (2) establish a database for information concerning |
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| 35 | 35 | | reports received under that article; and |
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| 36 | 36 | | (3) make the database accessible to law enforcement |
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| 37 | 37 | | agencies in this state. |
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| 38 | 38 | | (b) Not later than June 1 and December 1 of each year, the |
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| 39 | 39 | | department shall submit a report regarding peace officer misconduct |
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| 40 | 40 | | to the governor, lieutenant governor, and each standing committee |
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| 41 | 41 | | of the legislature with primary jurisdiction over criminal justice |
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| 42 | 42 | | matters. The report must include information regarding the type |
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| 43 | 43 | | and frequency of misconduct allegations in this state. |
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| 44 | 44 | | (c) The department shall make each report submitted under |
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| 45 | 45 | | Subsection (b) available on the department's Internet website. |
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| 46 | 46 | | SECTION 3. Not later than January 1, 2022, the Department of |
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| 47 | 47 | | Public Safety of the State of Texas shall adopt the form and |
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| 48 | 48 | | establish the database as required by Section 411.056, Government |
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| 49 | 49 | | Code, as added by this Act. |
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| 50 | 50 | | SECTION 4. The Department of Public Safety of the State of |
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| 51 | 51 | | Texas shall submit its first report under Section 411.056(b), |
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| 52 | 52 | | Government Code, as added by this Act, not later than June 1, 2022. |
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| 53 | 53 | | SECTION 5. This Act takes effect September 1, 2021. |
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