Texas 2021 - 87th Regular

Texas House Bill HB4185 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8276 CXP-D
2	2	By: Reynolds H.B. No. 4185
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Institute for Community
8	8	Policing at the University of Houston.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 111, Education Code, is amended by
11	11	adding Subchapter L to read as follows:
12	12	SUBCHAPTER L. TEXAS INSTITUTE FOR COMMUNITY POLICING
13	13	Sec. 111.161. DEFINITIONS. In this subchapter:
14	14	(1) "Board" means the board of regents of the
15	15	University of Houston System.
16	16	(2) "Institute" means the Texas Institute for
17	17	Community Policing established under this subchapter.
18	18	Sec. 111.162. ESTABLISHMENT. (a) The Texas Institute for
19	19	Community Policing is established at the University of Houston.
20	20	(b) The organization, control, and management of the
21	21	institute are vested in the board.
22	22	Sec. 111.163. DUTIES OF INSTITUTE. The institute shall:
23	23	(1) conduct research regarding protocols and best
24	24	practices for use during police encounters, including traffic
25	25	stops;
26	26	(2) develop and offer to the general public police
27	27	encounters courses that:
28	28	(A) provide best practices for the public in
29	29	different types of police encounters, including traffic stops;
30	30	(B) explain the law regarding use of force by
31	31	peace officers;
32	32	(C) provide opportunities for interaction
33	33	between the public and peace officers in a low-stress environment;
34	34	and
35	35	(D) foster greater trust between the public and
36	36	peace officers;
37	37	(3) develop and offer to professionals in the criminal
38	38	justice field accredited programs and training regarding community
39	39	policing; and
40	40	(4) make community policing policy recommendations to
41	41	interested parties.
42	42	Sec. 111.164. BIENNIAL REPORT TO LEGISLATURE. Not later
43	43	than December 1 of each even-numbered year, the institute shall
44	44	submit a report to the legislature that includes the results of the
45	45	research conducted under Section 111.163(1) and any associated
46	46	recommendations.
47	47	Sec. 111.165. COLLABORATION WITH OTHER ENTITIES. The
48	48	University of Houston shall encourage public or private entities to
49	49	participate in or support the operation of the institute and may
50	50	enter into an agreement with any public or private entity for that
51	51	purpose. An agreement may allow the institute to provide
52	52	information, services, or other assistance to an entity in exchange
53	53	for the entity's participation or support.
54	54	Sec. 111.166. GIFTS AND GRANTS. The board may solicit,
55	55	accept, and administer gifts and grants from any public or private
56	56	source for the purposes of the institute.
57	57	Sec. 111.167. PERSONNEL. The board may employ personnel
58	58	for the institute as necessary.
59	59	Sec. 111.168. RULES. The board may adopt rules as necessary
60	60	to implement this subchapter.
61	61	SECTION 2. The heading to Article 45.0511, Code of Criminal
62	62	Procedure, is amended to read as follows:
63	63	Art. 45.0511. DRIVING SAFETY COURSE, [OR] MOTORCYCLE
64	64	OPERATOR COURSE, OR POLICE ENCOUNTERS COURSE DISMISSAL PROCEDURES.
65	65	SECTION 3. Articles 45.0511(b), (c), (c-1), (d), (e), (k),
66	66	(l), (o), (p), (q), and (r), Code of Criminal Procedure, are amended
67	67	to read as follows:
68	68	(b) The judge shall require the defendant to successfully
69	69	complete, as appropriate based on the conduct underlying the
70	70	applicable offense, a driving safety course approved by the Texas
71	71	Department of Licensing and Regulation, [or] a course under the
72	72	motorcycle operator training and safety program approved by the
73	73	designated state agency under Chapter 662, Transportation Code, or,
74	74	for a defendant who is 25 years of age or older, a police encounters
75	75	course developed by the Texas Institute for Community Policing
76	76	under Subchapter L, Chapter 111, Education Code, if:
77	77	(1) the defendant elects [driving safety course or
78	78	motorcycle operator training course] dismissal through a course
79	79	under this article;
80	80	(2) the defendant:
81	81	(A) has not completed an approved driving safety
82	82	course, [or] motorcycle operator training course, or police
83	83	encounters course, as appropriate, within the 12 months preceding
84	84	the date of the offense; or
85	85	(B) does not have a valid Texas driver's license
86	86	or permit, is a member, or the spouse or dependent child of a
87	87	member, of the United States military forces serving on active
88	88	duty, and has not completed a driving safety course, [or]
89	89	motorcycle operator training course, or police encounters course,
90	90	as appropriate, in another state within the 12 months preceding the
91	91	date of the offense;
92	92	(3) the defendant enters a plea under Article 45.021
93	93	in person or in writing of no contest or guilty on or before the
94	94	answer date on the notice to appear and:
95	95	(A) presents in person or by counsel to the court
96	96	a request to take a course; or
97	97	(B) sends to the court by certified mail, return
98	98	receipt requested, postmarked on or before the answer date on the
99	99	notice to appear, a written request to take a course;
100	100	(4) the defendant:
101	101	(A) has a valid Texas driver's license or permit;
102	102	or
103	103	(B) is a member, or the spouse or dependent child
104	104	of a member, of the United States military forces serving on active
105	105	duty;
106	106	(5) the defendant is charged with an offense to which
107	107	this article applies, other than speeding at a speed of:
108	108	(A) 95 miles per hour or more; or
109	109	(B) 25 miles per hour or more over the posted
110	110	speed limit; and
111	111	(6) the defendant provides evidence of financial
112	112	responsibility as required by Chapter 601, Transportation Code.
113	113	(c) The court shall enter judgment on the defendant's plea
114	114	of no contest or guilty at the time the plea is made, defer
115	115	imposition of the judgment, and allow the defendant 90 days to
116	116	successfully complete the approved driving safety course, [or]
117	117	motorcycle operator training course, or police encounters course
118	118	and present to the court:
119	119	(1) a uniform certificate of completion of the driving
120	120	safety course, [or] a verification of completion of the motorcycle
121	121	operator training course, or a verification of completion of the
122	122	police encounters course;
123	123	(2) unless the judge proceeds under Subsection (c-1),
124	124	the defendant's driving record as maintained by the Department of
125	125	Public Safety, if any, showing that the defendant had not completed
126	126	an approved driving safety course, [or] motorcycle operator
127	127	training course, or police encounters course, as applicable, within
128	128	the 12 months preceding the date of the offense;
129	129	(3) an affidavit stating that the defendant was not
130	130	taking a driving safety course, [or] motorcycle operator training
131	131	course, or police encounters course, as applicable, under this
132	132	article on the date the request to take the course was made and had
133	133	not completed such a course that is not shown on the defendant's
134	134	driving record within the 12 months preceding the date of the
135	135	offense; and
136	136	(4) if the defendant does not have a valid Texas
137	137	driver's license or permit and is a member, or the spouse or
138	138	dependent child of a member, of the United States military forces
139	139	serving on active duty, an affidavit stating that the defendant was
140	140	not taking a driving safety course, [or] motorcycle operator
141	141	training course, or police encounters course, as appropriate, in
142	142	another state on the date the request to take the course was made
143	143	and had not completed such a course within the 12 months preceding
144	144	the date of the offense.
145	145	(c-1) In this subsection, "state electronic Internet
146	146	portal" has the meaning assigned by Section 2054.003, Government
147	147	Code. As an alternative to receiving the defendant's driving
148	148	record under Subsection (c)(2), the judge, at the time the
149	149	defendant requests a driving safety course, [or] motorcycle
150	150	operator training course, or police encounters course dismissal
151	151	under this article, may require the defendant to pay a
152	152	reimbursement fee in an amount equal to the sum of the amount of the
153	153	fee established by Section 521.048, Transportation Code, and the
154	154	state electronic Internet portal fee and, using the state
155	155	electronic Internet portal, may request the Texas Department of
156	156	Public Safety to provide the judge with a copy of the defendant's
157	157	driving record that shows the information described by Section
158	158	521.047(b), Transportation Code. As soon as practicable and using
159	159	the state electronic Internet portal, the Texas Department of
160	160	Public Safety shall provide the judge with the requested copy of the
161	161	defendant's driving record. The reimbursement fee authorized by
162	162	this subsection is in addition to any other fee required under this
163	163	article. If the copy of the defendant's driving record provided to
164	164	the judge under this subsection shows that the defendant has not
165	165	completed an approved driving safety course, [or] motorcycle
166	166	operator training course, or police encounters course, as
167	167	appropriate, within the 12 months preceding the date of the
168	168	offense, the judge shall allow the defendant to complete the
169	169	appropriate course as provided by this article. The custodian of a
170	170	municipal or county treasury who receives reimbursement fees
171	171	collected under this subsection shall keep a record of the fees and,
172	172	without deduction or proration, forward the fees to the
173	173	comptroller, with and in the manner required for other fees and
174	174	costs received in connection with criminal cases. The comptroller
175	175	shall credit fees received under this subsection to the Texas
176	176	Department of Public Safety.
177	177	(d) Notwithstanding Subsections (b)(2) and (3), before the
178	178	final disposition of the case, the court may grant a request to take
179	179	a driving safety course, [or] a motorcycle operator training
180	180	course, or a police encounters course under this article.
181	181	(e) A request to take a driving safety course, [or]
182	182	motorcycle operator training course, or police encounters course
183	183	made at or before the time and at the place at which a defendant is
184	184	required to appear in court is an appearance in compliance with the
185	185	defendant's promise to appear.
186	186	(k) On a defendant's showing of good cause for failure to
187	187	furnish evidence to the court, the court may allow an extension of
188	188	time during which the defendant may present:
189	189	(1) a uniform certificate of course completion as
190	190	evidence that the defendant successfully completed the driving
191	191	safety course; or
192	192	(2) a verification of course completion as evidence
193	193	that the defendant successfully completed the motorcycle operator
194	194	training course or police encounters course.
195	195	(l) When a defendant complies with Subsection (c), the court
196	196	shall:
197	197	(1) remove the judgment and dismiss the charge;
198	198	(2) report the fact that the defendant successfully
199	199	completed a driving safety course, [or] a motorcycle operator
200	200	training course, or a police encounters course and the date of
201	201	completion to the Texas Department of Public Safety for inclusion
202	202	in the person's driving record; and
203	203	(3) state in that report whether the course was taken
204	204	under this article to provide information necessary to determine
205	205	eligibility to take a subsequent course under Subsection (b).
206	206	(o) An insurer delivering or issuing for delivery a motor
207	207	vehicle insurance policy in this state may not cancel or increase
208	208	the premium charged an insured under the policy because the insured
209	209	completed a driving safety course, [or] a motorcycle operator
210	210	training course, or a police encounters course, or had a charge
211	211	dismissed under this article.
212	212	(p) The court shall advise a defendant charged with a
213	213	misdemeanor under Section 472.022, Transportation Code, Subtitle
214	214	C, Title 7, Transportation Code, or Section 729.001(a)(3),
215	215	Transportation Code, committed while operating a motor vehicle of
216	216	the defendant's right under this article to successfully complete a
217	217	driving safety course or a police encounters course or, if the
218	218	offense was committed while operating a motorcycle, a motorcycle
219	219	operator training course. The right to complete a course does not
220	220	apply to a defendant charged with:
221	221	(1) a violation of Section 545.066, 550.022, or
222	222	550.023, Transportation Code;
223	223	(2) a serious traffic violation; or
224	224	(3) an offense to which Section 542.404,
225	225	Transportation Code, applies.
226	226	(q) A notice to appear issued for an offense to which this
227	227	article applies must inform a defendant charged with an offense
228	228	under Section 472.022, Transportation Code, an offense under
229	229	Subtitle C, Title 7, Transportation Code, or an offense under
230	230	Section 729.001(a)(3), Transportation Code, committed while
231	231	operating a motor vehicle of the defendant's right to complete a
232	232	driving safety course or a police encounters course or, if the
233	233	offense was committed while operating a motorcycle, of the
234	234	defendant's right to complete a motorcycle operator training
235	235	course. The notice required by this subsection must read
236	236	substantially as follows:
237	237	"You may be able to require that this charge be dismissed by
238	238	successfully completing a driving safety course, [or] a motorcycle
239	239	operator training course, or a police encounters course. You will
240	240	lose that right if, on or before your appearance date, you do not
241	241	provide the court with notice of your request to take the course."
242	242	(r) If the notice required by Subsection (q) is not provided
243	243	to the defendant charged with the offense, the defendant may
244	244	continue to exercise the defendant's right to take a driving safety
245	245	course, [or] a motorcycle operator training course, or a police
246	246	encounters course until the notice required by Subsection (q) is
247	247	provided to the defendant or there is a final disposition of the
248	248	case.
249	249	SECTION 4. Not later than December 1, 2022, the Texas
250	250	Institute for Community Policing shall submit to the legislature
251	251	the first biennial report required under Section 111.164, Education
252	252	Code, as added by this Act.
253	253	SECTION 5. The change in law made by this Act to Article
254	254	45.0511, Code of Criminal Procedure, applies only to an offense
255	255	committed on or after the effective date of this Act. An offense
256	256	committed before the effective date of this Act is covered by the
257	257	law in effect when the offense was committed, and the former law is
258	258	continued in effect for that purpose. For the purposes of this
259	259	section, an offense is committed before the effective date of this
260	260	Act if any element of the offense occurs before that date.
261	261	SECTION 6. This Act takes effect September 1, 2021.