Bill Text: TX HB1036 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to reporting requirements for certain injuries or deaths caused by peace officers and for certain injuries or deaths of peace officers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB1036 Detail]
Download: Texas-2015-HB1036-Introduced.html
Bill Title: Relating to reporting requirements for certain injuries or deaths caused by peace officers and for certain injuries or deaths of peace officers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB1036 Detail]
Download: Texas-2015-HB1036-Introduced.html
84R4156 KJE-F | ||
By: Johnson | H.B. No. 1036 |
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relating to reporting requirements for an injury or death caused by | ||
a peace officer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.139 to read as follows: | ||
Art. 2.139. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES | ||
OR DEATHS. (a) In this article: | ||
(1) "Bodily injury" and "serious bodily injury" have | ||
the meanings assigned by Section 1.07, Penal Code. | ||
(2) "Officer-involved injury or death" means an | ||
incident during which a peace officer: | ||
(A) discharges the officer's firearm causing | ||
bodily injury or death to another; or | ||
(B) is otherwise directly responsible for | ||
serious bodily injury to another or for the death of another. | ||
(b) The office of the attorney general shall by rule create | ||
a written and electronic form for the reporting by law enforcement | ||
agencies of officer-involved injury or death. The form must include | ||
a space to report: | ||
(1) the badge number, age, ethnicity, and gender of | ||
each peace officer involved in the incident; | ||
(2) the age, ethnicity, and gender of each injured or | ||
deceased person; | ||
(3) the number of shots fired by a peace officer, if | ||
any; | ||
(4) if an injured person dies as a result of the | ||
incident, the cause of death of the person; and | ||
(5) the location of the incident. | ||
(c) Within 72 hours of an officer-involved injury or death, | ||
the law enforcement agency employing the officer involved must | ||
complete and submit a written or electronic report, using the form | ||
created under Subsection (b), to the office of the attorney | ||
general. A submitted report must include all information described | ||
in Subsection (b). | ||
(d) Each law enforcement agency shall conduct an internal | ||
investigation into an officer-involved injury or death involving a | ||
peace officer employed by the agency. Not later than 72 hours after | ||
concluding the investigation, the law enforcement agency shall | ||
submit to the office of the attorney general: | ||
(1) a copy of the agency's file on the officer-involved | ||
injury or death; or | ||
(2) a summary of the agency's findings on the | ||
investigation. | ||
(e) A law enforcement agency shall submit a copy of the | ||
agency's file on an officer-involved injury or death to the office | ||
of the attorney general on request from the office. | ||
(f) Not later than five days after receipt of a report | ||
submitted under Subsection (c), the office of the attorney general | ||
shall post to the office's Internet website: | ||
(1) a copy of the report; and | ||
(2) from the information submitted under Subsection | ||
(d), a summary of a law enforcement agency's findings on an | ||
investigation into an officer-involved injury or death. | ||
(g) Not later than January 1 of each year, the office of the | ||
attorney general shall submit a report regarding all | ||
officer-involved injuries or deaths that occurred the previous year | ||
to the governor and the standing legislative committees with | ||
primary jurisdiction over criminal justice matters. The report must | ||
include: | ||
(1) the total number of officer-involved injuries or | ||
deaths; | ||
(2) a summary of the reports submitted to the office | ||
under this article; and | ||
(3) a copy of each report submitted to the office under | ||
this article. | ||
SECTION 2. Not later than August 1, 2015, the office of the | ||
attorney general shall create the reporting form required under | ||
Article 2.139, Code of Criminal Procedure, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2015. |