Bill Text: TX HB1065 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to official oppression and to law enforcement policies requiring peace officers to report certain peace officer misconduct; creating a criminal offense.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-03-02 - Referred to Homeland Security & Public Safety [HB1065 Detail]

Download: Texas-2023-HB1065-Introduced.html
  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.
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