88R5247 SHH-D
By: Sherman, Sr. H.B. No. 1065
A BILL TO BE ENTITLED
AN ACT
relating to official oppression and to law enforcement policies
requiring peace officers to report certain peace officer
misconduct; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.36 to read as follows:
Art. 2.36. LAW ENFORCEMENT POLICY ON EXCESSIVE FORCE OR
OFFICIAL OPPRESSION; REPORT REQUIRED. (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 shall adopt a detailed
written policy requiring peace officers employed by the agency to
promptly make a detailed written report of any incident in which the
peace officer witnesses another peace officer:
(1) using more force against a person suspected of
committing an offense than an ordinary, prudent peace officer would
use under the same or similar circumstances; or
(2) committing an offense under Section 39.03, Penal
Code.
(c) The policy must require a peace officer who makes a
report under Subsection (b) to deliver the report to the supervisor
of:
(1) the peace officer making the report; and
(2) the peace officer who used the excessive force or
committed official oppression.
(d) A law enforcement agency shall ensure that each peace
officer employed by the agency receives adequate training on the
policy adopted under this article.
(e) A law enforcement agency may not retaliate or
discriminate against an employee of the agency for making a report
required by this article.
SECTION 2. Section 39.03(a), Penal Code, is amended to read
as follows:
(a) A public servant acting under color of [his] office or
employment commits an offense if the public servant recklessly
[he]:
(1) [intentionally] subjects another to mistreatment
or to arrest, detention, search, seizure, dispossession,
assessment, or lien that the public servant [he] knows is unlawful;
(2) [intentionally] denies or impedes another in the
exercise or enjoyment of any right, privilege, power, or immunity,
knowing the public servant's [his] conduct is unlawful; or
(3) [intentionally] subjects another to sexual
harassment.
SECTION 3. Chapter 39, Penal Code, is amended by adding
Section 39.031 to read as follows:
Sec. 39.031. FAILURE TO MAKE OR DELIVER REQUIRED REPORT OF
CERTAIN PEACE OFFICER MISCONDUCT. (a) A peace officer required to
make and deliver a report under a policy adopted under Article 2.36,
Code of Criminal Procedure, commits an offense if the peace officer
fails to make or deliver the report as required by that policy.
(b) An offense under this section is a Class A misdemeanor.
SECTION 4. Section 39.03, Penal Code, as amended by this
Act, 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 governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 5. Not later than January 1, 2024, each law
enforcement agency in this state shall adopt the policy required by
Article 2.36, Code of Criminal Procedure, as added by this Act.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2023.
(b) Section 39.031, Penal Code, as added by this Act, takes
effect January 1, 2024.