| 1 | 1 | | 87R5858 MCF-D |
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| 2 | 2 | | By: Rodriguez H.B. No. 2901 |
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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 reporting requirements for certain in-custody deaths; |
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| 8 | 8 | | providing a civil penalty. |
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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. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS |
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| 13 | 13 | | FOR CERTAIN DEATHS IN CUSTODY; CIVIL PENALTY. (a) The office of |
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| 14 | 14 | | the attorney general shall conduct an investigation after receiving |
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| 15 | 15 | | a written and signed report, on a form prescribed by the office, |
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| 16 | 16 | | asserting that a person failed to submit a report required by |
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| 17 | 17 | | Article 49.18 or failed to include in that report all relevant facts |
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| 18 | 18 | | known to the person as required by that article. If the office |
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| 19 | 19 | | determines that the person failed to submit the report or failed to |
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| 20 | 20 | | include in the report all relevant facts known to the person, the |
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| 21 | 21 | | office shall provide notice of the failure to the person. The |
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| 22 | 22 | | notice must summarize the applicable requirement and state that the |
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| 23 | 23 | | person may be subject to a civil penalty as provided by Subsection |
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| 24 | 24 | | (b) or (c), as applicable. |
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| 25 | 25 | | (b) Except as provided by Subsection (c), beginning on the |
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| 26 | 26 | | eighth day after the date of receiving notice under Subsection (a), |
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| 27 | 27 | | a person is liable for a civil penalty in the amount of $1,000 for |
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| 28 | 28 | | each day the person fails to submit the required report or a |
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| 29 | 29 | | supplemental report with all relevant facts known to the person, as |
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| 30 | 30 | | applicable. |
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| 31 | 31 | | (c) Beginning on the day after the date of receiving notice |
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| 32 | 32 | | under Subsection (a), a person who, in the five-year period |
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| 33 | 33 | | preceding the date the person received the notice, has been liable |
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| 34 | 34 | | for a civil penalty under Subsection (b) or this subsection is |
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| 35 | 35 | | liable for a civil penalty for each day the person fails to submit |
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| 36 | 36 | | the required report or a supplemental report with all relevant |
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| 37 | 37 | | facts known to the person, as applicable. The amount of a civil |
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| 38 | 38 | | penalty under this subsection is $10,000 for the first day and |
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| 39 | 39 | | $1,000 for each additional day that the person fails to submit the |
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| 40 | 40 | | report or a supplemental report, as applicable. |
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| 41 | 41 | | (d) The attorney general may sue to collect a civil penalty |
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| 42 | 42 | | under this article. |
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| 43 | 43 | | (e) A civil penalty collected under this article shall be |
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| 44 | 44 | | deposited to the credit of the compensation to victims of crime fund |
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| 45 | 45 | | established under Subchapter J, Chapter 56B. |
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| 46 | 46 | | SECTION 2. Article 49.18, Code of Criminal Procedure, is |
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| 47 | 47 | | amended by adding Subsection (b-1) to read as follows: |
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| 48 | 48 | | (b-1) If after filing the report under Subsection (b) the |
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| 49 | 49 | | director determines that the report was filed with incomplete or |
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| 50 | 50 | | incorrect information regarding the circumstances of the death, the |
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| 51 | 51 | | director shall promptly file with the attorney general a |
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| 52 | 52 | | supplemental report containing the additional information. |
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| 53 | 53 | | SECTION 3. Sections 39.05(a) and (b), Penal Code, are |
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| 54 | 54 | | amended to read as follows: |
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| 55 | 55 | | (a) A person commits an offense if the person is required to |
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| 56 | 56 | | conduct an investigation [and file a report] by Article 49.18, Code |
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| 57 | 57 | | of Criminal Procedure, and the person fails to investigate the |
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| 58 | 58 | | death[, fails to file the report as required, or fails to include in |
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| 59 | 59 | | a filed report facts known or discovered in the investigation]. |
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| 60 | 60 | | (b) A person commits an offense if the person is required by |
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| 61 | 61 | | Section 501.055(a) [501.055], Government Code, to[: |
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| 62 | 62 | | [(1)] give notice of the death of an inmate and the |
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| 63 | 63 | | person fails to give the notice[; or |
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| 64 | 64 | | [(2) conduct an investigation and file a report and |
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| 65 | 65 | | the person: |
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| 66 | 66 | | [(A) fails to conduct the investigation or file |
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| 67 | 67 | | the report; or |
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| 68 | 68 | | [(B) fails to include in the report facts known |
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| 69 | 69 | | to the person or discovered by the person in the investigation]. |
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| 70 | 70 | | SECTION 4. Section 39.05, Penal Code, as amended by this |
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| 71 | 71 | | Act, applies only to an offense committed on or after the effective |
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| 72 | 72 | | date of this Act. An offense committed before the effective date of |
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| 73 | 73 | | this Act is governed by the law in effect on the date the offense was |
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| 74 | 74 | | committed, and the former law is continued in effect for that |
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| 75 | 75 | | purpose. For purposes of this section, an offense was committed |
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| 76 | 76 | | before the effective date of this Act if any element of the offense |
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| 77 | 77 | | occurred before that date. |
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| 78 | 78 | | SECTION 5. This Act takes effect September 1, 2021. |
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