87R2496 EAS-D
By: Romero, Jr. H.B. No. 2895
A BILL TO BE ENTITLED
AN ACT
relating to law enforcement policies for peace officer response to
certain family violence offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.33 to read as follows:
Art. 2.33. LAW ENFORCEMENT POLICY FOR PEACE OFFICER
RESPONSE TO CERTAIN FAMILY VIOLENCE OFFENSES. (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) Each law enforcement agency in this state shall adopt
the model policy developed by the Texas Commission on Law
Enforcement under Section 1701.165, Occupations Code, regarding
peace officer response to reports of certain offenses involving
family violence.
SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.165 to read as follows:
Sec. 1701.165. MODEL POLICY FOR PEACE OFFICER RESPONSE TO
CERTAIN FAMILY VIOLENCE OFFENSES. (a) In this section, "family
violence" has the meaning assigned by Section 71.004, Family Code.
(b) The commission shall develop and make available to all
law enforcement agencies in this state a model policy establishing
procedures applicable to a peace officer who responds to a report of
an offense involving family violence that was committed in the
physical presence or within the hearing of a child younger than 18
years of age.
(c) The model policy must require the responding peace
officer to:
(1) document the child's exposure to the family
violence;
(2) speak to the child at eye level and explain in an
age-appropriate manner the applicable procedures for investigating
the offense;
(3) validate the child's emotional response to the
situation;
(4) assist in comforting the child;
(5) provide information to the child's parent or other
appropriate caregiver regarding:
(A) services available to support the child; and
(B) the negative impacts of family violence on a
child; and
(6) identify and document any other children in the
family or household.
SECTION 3. (a) Not later than December 1, 2021, the Texas
Commission on Law Enforcement shall develop and make available the
model policy required under Section 1701.165, Occupations Code, as
added by this Act.
(b) Not later than January 1, 2022, each law enforcement
agency in this state shall adopt the policy required by Article
2.33, Code of Criminal Procedure, as added by this Act.
SECTION 4. This Act takes effect September 1, 2021.