| 1 | 1 | | By: Gutierrez S.B. No. 1738 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the automatic suspension and investigation of law |
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| 7 | 7 | | enforcement personnel involved in a shooting with a child. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 141, Local Government Code, is amended |
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| 10 | 10 | | by adding Section 141.036 to read as follow: |
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| 11 | 11 | | Sec. 141.036. AUTOMATIC SUSPENSION. (a) A law enforcement |
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| 12 | 12 | | officer who is involved in a shooting with a child shall be |
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| 13 | 13 | | immediately placed on administrative leave or suspended from active |
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| 14 | 14 | | duty until an investigation is conducted. |
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| 15 | 15 | | (b) The investigation of the shooting involving a child |
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| 16 | 16 | | shall be conducted by an independent law enforcement agency or |
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| 17 | 17 | | investigator. |
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| 18 | 18 | | (c) The suspended officer or officers are prohibited from |
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| 19 | 19 | | communicating with potential witnesses or suspects during the |
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| 20 | 20 | | investigation. |
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| 21 | 21 | | (d) If the investigation determines that the use of force |
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| 22 | 22 | | was unjustified or that the law enforcement officer failed to |
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| 23 | 23 | | intervene to prevent the death of a child, the suspended officer or |
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| 24 | 24 | | officers may be terminated, suspended, or subject to any other |
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| 25 | 25 | | disciplinary action. |
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| 26 | 26 | | SECTION 2. This Act takes effect September 1, 2023. |
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