Texas 2023 - 88th Regular

Texas House Bill HB2917 Compare Versions

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1	1	88R11902 JCG/MP-F
2	2	By: Reynolds H.B. No. 2917
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to peace officers and the investigation and prosecution of
8	8	criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Thurgood Marshall
11	11	Criminal Justice Reform Act.
12	12	SECTION 2. Title 6, Civil Practice and Remedies Code, is
13	13	amended by adding Chapter 135 to read as follows:
14	14	CHAPTER 135. PEACE OFFICER LIABILITY FOR DEPRIVATION OF CERTAIN
15	15	RIGHTS, PRIVILEGES, OR IMMUNITIES
16	16	Sec. 135.0001. DEFINITIONS. In this chapter:
17	17	(1) "Peace officer" has the meaning assigned by
18	18	Article 2.12, Code of Criminal Procedure.
19	19	(2) "Public entity" means:
20	20	(A) this state;
21	21	(B) a political subdivision of this state,
22	22	including a municipality or county; and
23	23	(C) any other governmental agency whose
24	24	authority is derived from the laws or constitution of this state.
25	25	Sec. 135.0002. PEACE OFFICER LIABILITY FOR DEPRIVATION OF
26	26	RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person
27	27	may bring an action for any appropriate relief, including legal or
28	28	equitable relief, against a peace officer who, under the color of
29	29	law, deprived the person of or caused the person to be deprived of a
30	30	right, privilege, or immunity secured by the Texas Constitution.
31	31	(b) A person must bring an action under this chapter not
32	32	later than two years after the day the cause of action accrues.
33	33	Sec. 135.0003. APPLICABILITY OF OTHER LAW; PROHIBITED
34	34	DEFENSES. (a) Notwithstanding any other law, a statutory immunity
35	35	or limitation on liability, damages, or attorney's fees does not
36	36	apply to an action brought under this chapter.
37	37	(b) Notwithstanding any other law, qualified immunity or a
38	38	defendant's good faith but erroneous belief in the lawfulness of
39	39	the defendant's conduct is not a defense to an action brought under
40	40	this chapter.
41	41	Sec. 135.0004. ATTORNEY'S FEES AND COSTS. (a) In an action
42	42	brought under this chapter, a court shall award reasonable
43	43	attorney's fees and costs to a prevailing plaintiff.
44	44	(b) In an action brought under this chapter, if a judgment
45	45	is entered in favor of a defendant, the court may award reasonable
46	46	attorney's fees and costs to the defendant only for defending
47	47	claims the court finds frivolous.
48	48	Sec. 135.0005. INDEMNIFICATION REQUIRED; EXCEPTION. (a)
49	49	Notwithstanding any other law and except as provided by Subsection
50	50	(b), a public entity shall indemnify a peace officer employed by the
51	51	entity for liability incurred by and a judgment imposed against the
52	52	officer in an action brought under this chapter.
53	53	(b) A public entity is not required to indemnify a peace
54	54	officer employed by the entity under Subsection (a) if the officer
55	55	was convicted of a criminal violation for the conduct that is the
56	56	basis for the action brought under this chapter.
57	57	SECTION 3. Article 20A.052(a), Code of Criminal Procedure,
58	58	is amended to read as follows:
59	59	(a) The foreperson shall:
60	60	(1) preside over the grand jury's sessions; [and]
61	61	(2) conduct the grand jury's business and proceedings
62	62	in an orderly manner; and
63	63	(3) prevent a person present during a session of the
64	64	grand jury from displaying, through any visible means, support for
65	65	another person who would likely be involved in the prosecution of an
66	66	offense subject to indictment by the grand jury.
67	67	SECTION 4. Article 20A.202(a), Code of Criminal Procedure,
68	68	is amended to read as follows:
69	69	(a) Grand jury proceedings conducted in the course of the
70	70	grand jury's official duties are secret.
71	71	SECTION 5. Article 20A.203(b), Code of Criminal Procedure,
72	72	is amended to read as follows:
73	73	(b) A witness who reveals, before the end of the grand
74	74	jury's term, any matter about which the witness is examined or that
75	75	the witness observes during a grand jury proceeding, other than
76	76	when the witness is required to give evidence on that matter in due
77	77	course, may be punished by a fine not to exceed $500, as for
78	78	contempt of court, and by a term of confinement not to exceed six
79	79	months.
80	80	SECTION 6. Article 20A.205(b), Code of Criminal Procedure,
81	81	is amended to read as follows:
82	82	(b) A petition for disclosure under Subsection (a) must be
83	83	filed in the district court in which the case is pending. The
84	84	defendant must also file a copy of the petition with the attorney
85	85	representing the state, the parties to the judicial proceeding, and
86	86	any other person the court requires. Each person who receives a
87	87	copy of the petition under this subsection is entitled to appear
88	88	before the court. [The court shall provide interested parties with
89	89	an opportunity to appear and present arguments for or against the
90	90	requested disclosure.]
91	91	SECTION 7. Section 41.309(b), Government Code, is amended
92	92	to read as follows:
93	93	(b) To be eligible to serve as a counsellor, a person must[:
94	94	[(1)] be a competent attorney certified in criminal
95	95	law by the Texas Board of Legal Specialization[;
96	96	[(2) have at least five years of experience as a lawyer
97	97	assisting prosecuting attorneys in prosecuting offenses or
98	98	delinquent conduct committed on state property used for the custody
99	99	of persons charged with or convicted of offenses or used for the
100	100	custody of children charged with or adjudicated as having engaged
101	101	in delinquent conduct or conduct indicating a need for supervision;
102	102	or
103	103	[(3) have served for at least five years as a
104	104	prosecuting attorney or as a judge of a district court, a court of
105	105	appeals, or the court of criminal appeals].
106	106	SECTION 8. Subtitle A, Title 5, Local Government Code, is
107	107	amended by adding Chapter 142A to read as follows:
108	108	CHAPTER 142A. PROVISIONS GENERALLY APPLICABLE TO MUNICIPAL POLICE
109	109	OFFICERS
110	110	SUBCHAPTER A. GENERAL PROVISIONS
111	111	Sec. 142A.001. APPLICABILITY. This chapter applies to
112	112	municipal police departments regardless of whether the department
113	113	has adopted the provisions of Chapter 143.
114	114	Sec. 142A.002. CHAPTER SUPERSEDES OTHER LAW OR AGREEMENT.
115	115	To the extent this chapter conflicts with another law, rule,
116	116	including a rule of a civil service commission, or collective
117	117	bargaining, meet and confer, or other agreement, this chapter
118	118	controls.
119	119	SUBCHAPTER B. HIRING
120	120	Sec. 142A.051. EXAMINATION ON IMPLICIT BIAS IN POLICE
121	121	DEPARTMENT. (a) A municipal police department shall, before
122	122	hiring an applicant for a position with the department as a peace
123	123	officer, require the applicant to take and pass an examination on
124	124	implicit bias.
125	125	(b) The police department shall collaborate with an
126	126	accredited institution of higher education or other nonprofit
127	127	research institution in:
128	128	(1) creating or selecting the examination;
129	129	(2) setting the minimum passing score; and
130	130	(3) setting a score that exceeds the minimum passing
131	131	score but below which an applicant is required to receive
132	132	individualized counseling on implicit bias before being hired for a
133	133	peace officer position.
134	134	(c) A police department:
135	135	(1) may not hire as a peace officer an applicant who
136	136	does not meet or exceed the passing score set under Subsection
137	137	(b)(2); and
138	138	(2) may hire as a peace officer an applicant who
139	139	receives a score set under Subsection (b)(3) only after the
140	140	applicant receives individualized counseling on implicit bias.
141	141	Sec. 142A.052. HIGHER EDUCATION REQUIREMENT. To be
142	142	eligible for a position with a police department as a peace officer,
143	143	an applicant hired on or after September 1, 2023, must:
144	144	(1) for a home-rule municipality located wholly or
145	145	partly in a county with a population of 500,000 or more, hold at
146	146	least a baccalaureate degree or equivalent from an accredited
147	147	institution of higher education; or
148	148	(2) for a home-rule municipality not described by
149	149	Subdivision (1), hold at least an associate's degree or equivalent
150	150	from an accredited institution of higher education.
151	151	Sec. 142A.053. HIRING AFTER CERTAIN TERMINATION OR
152	152	RESIGNATION. A municipal police department may not hire as a peace
153	153	officer a person formerly employed as a peace officer who was
154	154	terminated or resigned in lieu of termination from that position
155	155	for the unjustified use of deadly force.
156	156	SUBCHAPTER C. LABOR AGREEMENTS
157	157	Sec. 142A.101. COMMUNITY INVOLVEMENT IN COLLECTIVE
158	158	BARGAINING AND MEET AND CONFER. A municipality and a police officer
159	159	association recognized as a bargaining agent may not adopt a
160	160	collective bargaining, meet and confer, or other similar agreement
161	161	unless the parties have solicited participation by local community
162	162	members, including allowing an organization of local community
163	163	members to review and comment on any proposed agreement.
164	164	SECTION 9. Section 1701.255(c), Occupations Code, is
165	165	amended to read as follows:
166	166	(c) A person may not enroll in a peace officer training
167	167	program under Section 1701.251(a) unless the person has received an
168	168	associate's degree or any higher academic degree from an accredited
169	169	institution of higher education in or out of this state[:
170	170	[(1) a high school diploma;
171	171	[(2) a high school equivalency certificate; or
172	172	[(3) an honorable discharge from the armed forces of
173	173	the United States after at least 24 months of active duty service].
174	174	SECTION 10. Sections 9.51(a), (b), (c), and (d), Penal
175	175	Code, are amended to read as follows:
176	176	(a) A peace officer, or a person acting in a peace officer's
177	177	presence and at the officer's [his] direction, is justified in
178	178	using nonlethal force against another when and to the degree [the
179	179	actor reasonably believes] the force is immediately necessary to
180	180	make or assist in making an arrest or search, or to prevent or
181	181	assist in preventing escape after arrest, if:
182	182	(1) the actor reasonably believes the arrest or search
183	183	is lawful or, if the arrest or search is made under a warrant, the
184	184	actor [he] reasonably believes the warrant is valid; [and]
185	185	(2) before using force, the actor:
186	186	(A) manifests the actor's [his] purpose to arrest
187	187	or search and identifies the actor [himself] as a peace officer or
188	188	as a person [one] acting at a peace officer's direction, unless the
189	189	actor [he] reasonably believes the actor's [his] purpose and
190	190	identity are already known by or cannot reasonably be made known to
191	191	the person for whom the arrest or search is authorized;
192	192	(B) attempts to de-escalate the situation; and
193	193	(C) issues a warning that force will be used;
194	194	(3) the force used is proportionate to the threat
195	195	posed and to the seriousness of the alleged offense;
196	196	(4) the actor immediately terminates the use of force
197	197	the moment the person against whom force is used becomes compliant
198	198	or is subdued; and
199	199	(5) the use of force does not present a serious risk of
200	200	injury to any person other than the actor or the person against whom
201	201	the force is used [to be arrested].
202	202	(b) A person who is not [other than] a peace officer [(] or
203	203	[one] acting at a peace officer's [his] direction [)] is justified
204	204	in using nonlethal force against another when and to the degree [the
205	205	actor reasonably believes] the force is immediately necessary to
206	206	make or assist in making a lawful arrest, or to prevent or assist in
207	207	preventing escape after lawful arrest if:
208	208	(1)[,] before using force, the actor:
209	209	(A) manifests the actor's [his] purpose to arrest
210	210	and the reason for the arrest or reasonably believes the actor's
211	211	[his] purpose and the reason are already known by or cannot
212	212	reasonably be made known to the person for whom arrest is
213	213	authorized;
214	214	(B) attempts to de-escalate the situation; and
215	215	(C) issues a warning that force will be used;
216	216	(2) the force used is proportionate to the threat
217	217	posed and to the seriousness of the alleged offense;
218	218	(3) the actor immediately terminates the use of force
219	219	the moment the person against whom force is used becomes compliant
220	220	or is subdued; and
221	221	(4) the use of force does not present a serious risk of
222	222	injury to any person other than the actor or the person against whom
223	223	the force is used [to be arrested].
224	224	(c) A peace officer is only justified in using deadly force
225	225	against another when and to the degree [the peace officer
226	226	reasonably believes] the deadly force is immediately necessary to
227	227	make an arrest, or to prevent escape after arrest, if the use of
228	228	force would have been justified under Subsection (a) and:
229	229	(1) [the actor reasonably believes the conduct for
230	230	which arrest is authorized included the use or attempted use of
231	231	deadly force; or
232	232	[(2) the actor reasonably believes there is a
233	233	substantial risk that] the person for whom arrest is authorized
234	234	poses an imminent threat of [to be arrested will cause] death or
235	235	serious bodily injury to the actor or another;
236	236	(2) the deadly force is used only against the person
237	237	for whom arrest is authorized;
238	238	(3) the actor immediately terminates the use of deadly
239	239	force the moment the imminent threat of death or serious bodily
240	240	injury is eliminated; and
241	241	(4) no lesser degree of force could have eliminated
242	242	the imminent threat of death or serious bodily injury [if the arrest
243	243	is delayed].
244	244	(d) A person who is not [other than] a peace officer but is
245	245	acting in a peace officer's presence and at the officer's [his]
246	246	direction is justified in using deadly force against another when
247	247	and to the degree [the person reasonably believes] the deadly force
248	248	is immediately necessary to make a lawful arrest, or to prevent
249	249	escape after a lawful arrest, if the use of force would have been
250	250	justified under Subsection (b) and:
251	251	(1) [the actor reasonably believes the felony or
252	252	offense against the public peace for which arrest is authorized
253	253	included the use or attempted use of deadly force; or
254	254	[(2) the actor reasonably believes there is a
255	255	substantial risk that] the person for whom arrest is authorized
256	256	poses an imminent threat of [to be arrested will cause] death or
257	257	serious bodily injury to another;
258	258	(2) the deadly force is used only against the person
259	259	for whom arrest is authorized;
260	260	(3) the actor immediately terminates the use of deadly
261	261	force the moment the imminent threat of death or serious bodily
262	262	injury is eliminated; and
263	263	(4) no lesser degree of force could have eliminated
264	264	the imminent threat of death or serious bodily injury [if the arrest
265	265	is delayed].
266	266	SECTION 11. Section 9.51(e), Penal Code, is repealed.
267	267	SECTION 12. Chapter 135, Civil Practice and Remedies Code,
268	268	as added by this Act, applies only to a cause of action that accrues
269	269	on or after the effective date of this Act.
270	270	SECTION 13. Section 41.309, Government Code, as amended by
271	271	this Act, applies only to a counsellor elected by the executive
272	272	board of the board of directors of the Special Prosecution Unit
273	273	under that section on or after the effective date of this Act. A
274	274	counsellor elected before the effective date of this Act is
275	275	governed by the law in effect on the date the counsellor was
276	276	elected, and the former law is continued in effect for that purpose.
277	277	SECTION 14. Section 142A.051, Local Government Code, as
278	278	added by this Act, applies only to an applicant who is hired by a
279	279	municipal police department as a peace officer on or after January
280	280	1, 2024.
281	281	SECTION 15. Section 1701.255, Occupations Code, as amended
282	282	by this Act, applies only to a person who submits an application for
283	283	a peace officer license under Chapter 1701, Occupations Code, on or
284	284	after the effective date of this Act. A person who submits an
285	285	application for a peace officer license under Chapter 1701,
286	286	Occupations Code, before the effective date of this Act is governed
287	287	by the law in effect on the date the application was submitted, and
288	288	the former law is continued in effect for that purpose.
289	289	SECTION 16. Section 9.51, Penal Code, as amended by this
290	290	Act, applies only to an offense committed on or after the effective
291	291	date of this Act. An offense committed before the effective date of
292	292	this Act is governed by the law in effect on the date the offense was
293	293	committed, and the former law is continued in effect for that
294	294	purpose. For purposes of this section, an offense was committed
295	295	before the effective date of this Act if any element of the offense
296	296	occurred before that date.
297	297	SECTION 17. This Act takes effect September 1, 2023.