| 1 | 1 | | 87R2496 EAS-D |
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| 2 | 2 | | By: Romero, Jr. H.B. No. 2895 |
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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 law enforcement policies for peace officer response to |
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| 8 | 8 | | certain family violence offenses. |
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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 2.33 to read as follows: |
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| 12 | 12 | | Art. 2.33. LAW ENFORCEMENT POLICY FOR PEACE OFFICER |
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| 13 | 13 | | RESPONSE TO CERTAIN FAMILY VIOLENCE OFFENSES. (a) In this article, |
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| 14 | 14 | | "law enforcement agency" means an agency of the state or an agency |
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| 15 | 15 | | of a political subdivision of the state authorized by law to employ |
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| 16 | 16 | | peace officers. |
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| 17 | 17 | | (b) Each law enforcement agency in this state shall adopt |
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| 18 | 18 | | the model policy developed by the Texas Commission on Law |
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| 19 | 19 | | Enforcement under Section 1701.165, Occupations Code, regarding |
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| 20 | 20 | | peace officer response to reports of certain offenses involving |
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| 21 | 21 | | family violence. |
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| 22 | 22 | | SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
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| 23 | 23 | | amended by adding Section 1701.165 to read as follows: |
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| 24 | 24 | | Sec. 1701.165. MODEL POLICY FOR PEACE OFFICER RESPONSE TO |
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| 25 | 25 | | CERTAIN FAMILY VIOLENCE OFFENSES. (a) In this section, "family |
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| 26 | 26 | | violence" has the meaning assigned by Section 71.004, Family Code. |
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| 27 | 27 | | (b) The commission shall develop and make available to all |
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| 28 | 28 | | law enforcement agencies in this state a model policy establishing |
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| 29 | 29 | | procedures applicable to a peace officer who responds to a report of |
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| 30 | 30 | | an offense involving family violence that was committed in the |
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| 31 | 31 | | physical presence or within the hearing of a child younger than 18 |
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| 32 | 32 | | years of age. |
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| 33 | 33 | | (c) The model policy must require the responding peace |
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| 34 | 34 | | officer to: |
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| 35 | 35 | | (1) document the child's exposure to the family |
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| 36 | 36 | | violence; |
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| 37 | 37 | | (2) speak to the child at eye level and explain in an |
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| 38 | 38 | | age-appropriate manner the applicable procedures for investigating |
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| 39 | 39 | | the offense; |
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| 40 | 40 | | (3) validate the child's emotional response to the |
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| 41 | 41 | | situation; |
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| 42 | 42 | | (4) assist in comforting the child; |
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| 43 | 43 | | (5) provide information to the child's parent or other |
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| 44 | 44 | | appropriate caregiver regarding: |
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| 45 | 45 | | (A) services available to support the child; and |
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| 46 | 46 | | (B) the negative impacts of family violence on a |
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| 47 | 47 | | child; and |
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| 48 | 48 | | (6) identify and document any other children in the |
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| 49 | 49 | | family or household. |
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| 50 | 50 | | SECTION 3. (a) Not later than December 1, 2021, the Texas |
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| 51 | 51 | | Commission on Law Enforcement shall develop and make available the |
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| 52 | 52 | | model policy required under Section 1701.165, Occupations Code, as |
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| 53 | 53 | | added by this Act. |
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| 54 | 54 | | (b) Not later than January 1, 2022, each law enforcement |
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| 55 | 55 | | agency in this state shall adopt the policy required by Article |
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| 56 | 56 | | 2.33, Code of Criminal Procedure, as added by this Act. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2021. |
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