87R8276 CXP-D
By: Reynolds H.B. No. 4185
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Institute for Community
Policing at the University of Houston.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 111, Education Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. TEXAS INSTITUTE FOR COMMUNITY POLICING
Sec. 111.161. DEFINITIONS. In this subchapter:
(1) "Board" means the board of regents of the
University of Houston System.
(2) "Institute" means the Texas Institute for
Community Policing established under this subchapter.
Sec. 111.162. ESTABLISHMENT. (a) The Texas Institute for
Community Policing is established at the University of Houston.
(b) The organization, control, and management of the
institute are vested in the board.
Sec. 111.163. DUTIES OF INSTITUTE. The institute shall:
(1) conduct research regarding protocols and best
practices for use during police encounters, including traffic
stops;
(2) develop and offer to the general public police
encounters courses that:
(A) provide best practices for the public in
different types of police encounters, including traffic stops;
(B) explain the law regarding use of force by
peace officers;
(C) provide opportunities for interaction
between the public and peace officers in a low-stress environment;
and
(D) foster greater trust between the public and
peace officers;
(3) develop and offer to professionals in the criminal
justice field accredited programs and training regarding community
policing; and
(4) make community policing policy recommendations to
interested parties.
Sec. 111.164. BIENNIAL REPORT TO LEGISLATURE. Not later
than December 1 of each even-numbered year, the institute shall
submit a report to the legislature that includes the results of the
research conducted under Section 111.163(1) and any associated
recommendations.
Sec. 111.165. COLLABORATION WITH OTHER ENTITIES. The
University of Houston shall encourage public or private entities to
participate in or support the operation of the institute and may
enter into an agreement with any public or private entity for that
purpose. An agreement may allow the institute to provide
information, services, or other assistance to an entity in exchange
for the entity's participation or support.
Sec. 111.166. GIFTS AND GRANTS. The board may solicit,
accept, and administer gifts and grants from any public or private
source for the purposes of the institute.
Sec. 111.167. PERSONNEL. The board may employ personnel
for the institute as necessary.
Sec. 111.168. RULES. The board may adopt rules as necessary
to implement this subchapter.
SECTION 2. The heading to Article 45.0511, Code of Criminal
Procedure, is amended to read as follows:
Art. 45.0511. DRIVING SAFETY COURSE, [OR] MOTORCYCLE
OPERATOR COURSE, OR POLICE ENCOUNTERS COURSE DISMISSAL PROCEDURES.
SECTION 3. Articles 45.0511(b), (c), (c-1), (d), (e), (k),
(l), (o), (p), (q), and (r), Code of Criminal Procedure, are amended
to read as follows:
(b) The judge shall require the defendant to successfully
complete, as appropriate based on the conduct underlying the
applicable offense, a driving safety course approved by the Texas
Department of Licensing and Regulation, [or] a course under the
motorcycle operator training and safety program approved by the
designated state agency under Chapter 662, Transportation Code, or,
for a defendant who is 25 years of age or older, a police encounters
course developed by the Texas Institute for Community Policing
under Subchapter L, Chapter 111, Education Code, if:
(1) the defendant elects [driving safety course or
motorcycle operator training course] dismissal through a course
under this article;
(2) the defendant:
(A) has not completed an approved driving safety
course, [or] motorcycle operator training course, or police
encounters course, as appropriate, within the 12 months preceding
the date of the offense; or
(B) does not have a valid Texas driver's license
or permit, is a member, or the spouse or dependent child of a
member, of the United States military forces serving on active
duty, and has not completed a driving safety course, [or]
motorcycle operator training course, or police encounters course,
as appropriate, in another state within the 12 months preceding the
date of the offense;
(3) the defendant enters a plea under Article 45.021
in person or in writing of no contest or guilty on or before the
answer date on the notice to appear and:
(A) presents in person or by counsel to the court
a request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course;
(4) the defendant:
(A) has a valid Texas driver's license or permit;
or
(B) is a member, or the spouse or dependent child
of a member, of the United States military forces serving on active
duty;
(5) the defendant is charged with an offense to which
this article applies, other than speeding at a speed of:
(A) 95 miles per hour or more; or
(B) 25 miles per hour or more over the posted
speed limit; and
(6) the defendant provides evidence of financial
responsibility as required by Chapter 601, Transportation Code.
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved driving safety course, [or]
motorcycle operator training course, or police encounters course
and present to the court:
(1) a uniform certificate of completion of the driving
safety course, [or] a verification of completion of the motorcycle
operator training course, or a verification of completion of the
police encounters course;
(2) unless the judge proceeds under Subsection (c-1),
the defendant's driving record as maintained by the Department of
Public Safety, if any, showing that the defendant had not completed
an approved driving safety course, [or] motorcycle operator
training course, or police encounters course, as applicable, within
the 12 months preceding the date of the offense;
(3) an affidavit stating that the defendant was not
taking a driving safety course, [or] motorcycle operator training
course, or police encounters course, as applicable, under this
article on the date the request to take the course was made and had
not completed such a course that is not shown on the defendant's
driving record within the 12 months preceding the date of the
offense; and
(4) if the defendant does not have a valid Texas
driver's license or permit and is a member, or the spouse or
dependent child of a member, of the United States military forces
serving on active duty, an affidavit stating that the defendant was
not taking a driving safety course, [or] motorcycle operator
training course, or police encounters course, as appropriate, in
another state on the date the request to take the course was made
and had not completed such a course within the 12 months preceding
the date of the offense.
(c-1) In this subsection, "state electronic Internet
portal" has the meaning assigned by Section 2054.003, Government
Code. As an alternative to receiving the defendant's driving
record under Subsection (c)(2), the judge, at the time the
defendant requests a driving safety course, [or] motorcycle
operator training course, or police encounters course dismissal
under this article, may require the defendant to pay a
reimbursement fee in an amount equal to the sum of the amount of the
fee established by Section 521.048, Transportation Code, and the
state electronic Internet portal fee and, using the state
electronic Internet portal, may request the Texas Department of
Public Safety to provide the judge with a copy of the defendant's
driving record that shows the information described by Section
521.047(b), Transportation Code. As soon as practicable and using
the state electronic Internet portal, the Texas Department of
Public Safety shall provide the judge with the requested copy of the
defendant's driving record. The reimbursement fee authorized by
this subsection is in addition to any other fee required under this
article. If the copy of the defendant's driving record provided to
the judge under this subsection shows that the defendant has not
completed an approved driving safety course, [or] motorcycle
operator training course, or police encounters course, as
appropriate, within the 12 months preceding the date of the
offense, the judge shall allow the defendant to complete the
appropriate course as provided by this article. The custodian of a
municipal or county treasury who receives reimbursement fees
collected under this subsection shall keep a record of the fees and,
without deduction or proration, forward the fees to the
comptroller, with and in the manner required for other fees and
costs received in connection with criminal cases. The comptroller
shall credit fees received under this subsection to the Texas
Department of Public Safety.
(d) Notwithstanding Subsections (b)(2) and (3), before the
final disposition of the case, the court may grant a request to take
a driving safety course, [or] a motorcycle operator training
course, or a police encounters course under this article.
(e) A request to take a driving safety course, [or]
motorcycle operator training course, or police encounters course
made at or before the time and at the place at which a defendant is
required to appear in court is an appearance in compliance with the
defendant's promise to appear.
(k) On a defendant's showing of good cause for failure to
furnish evidence to the court, the court may allow an extension of
time during which the defendant may present:
(1) a uniform certificate of course completion as
evidence that the defendant successfully completed the driving
safety course; or
(2) a verification of course completion as evidence
that the defendant successfully completed the motorcycle operator
training course or police encounters course.
(l) When a defendant complies with Subsection (c), the court
shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course, [or] a motorcycle operator
training course, or a police encounters course and the date of
completion to the Texas Department of Public Safety for inclusion
in the person's driving record; and
(3) state in that report whether the course was taken
under this article to provide information necessary to determine
eligibility to take a subsequent course under Subsection (b).
(o) An insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state may not cancel or increase
the premium charged an insured under the policy because the insured
completed a driving safety course, [or] a motorcycle operator
training course, or a police encounters course, or had a charge
dismissed under this article.
(p) The court shall advise a defendant charged with a
misdemeanor under Section 472.022, Transportation Code, Subtitle
C, Title 7, Transportation Code, or Section 729.001(a)(3),
Transportation Code, committed while operating a motor vehicle of
the defendant's right under this article to successfully complete a
driving safety course or a police encounters course or, if the
offense was committed while operating a motorcycle, a motorcycle
operator training course. The right to complete a course does not
apply to a defendant charged with:
(1) a violation of Section 545.066, 550.022, or
550.023, Transportation Code;
(2) a serious traffic violation; or
(3) an offense to which Section 542.404,
Transportation Code, applies.
(q) A notice to appear issued for an offense to which this
article applies must inform a defendant charged with an offense
under Section 472.022, Transportation Code, an offense under
Subtitle C, Title 7, Transportation Code, or an offense under
Section 729.001(a)(3), Transportation Code, committed while
operating a motor vehicle of the defendant's right to complete a
driving safety course or a police encounters course or, if the
offense was committed while operating a motorcycle, of the
defendant's right to complete a motorcycle operator training
course. The notice required by this subsection must read
substantially as follows:
"You may be able to require that this charge be dismissed by
successfully completing a driving safety course, [or] a motorcycle
operator training course, or a police encounters course. You will
lose that right if, on or before your appearance date, you do not
provide the court with notice of your request to take the course."
(r) If the notice required by Subsection (q) is not provided
to the defendant charged with the offense, the defendant may
continue to exercise the defendant's right to take a driving safety
course, [or] a motorcycle operator training course, or a police
encounters course until the notice required by Subsection (q) is
provided to the defendant or there is a final disposition of the
case.
SECTION 4. Not later than December 1, 2022, the Texas
Institute for Community Policing shall submit to the legislature
the first biennial report required under Section 111.164, Education
Code, as added by this Act.
SECTION 5. The change in law made by this Act to Article
45.0511, Code of Criminal Procedure, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For the purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date.
SECTION 6. This Act takes effect September 1, 2021.