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