Bill Text: TX HB1036 | 2015-2016 | 84th Legislature | Enrolled


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-Enrolled.html
 
 
  H.B. No. 1036
 
 
 
 
AN ACT
  relating to reporting requirements for certain injuries or deaths
  caused by peace officers and for certain injuries or deaths of peace
  officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Articles 2.139 and 2.1395 to read as follows:
         Art. 2.139.  REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES
  OR DEATHS. (a) In this article:
               (1)  "Deadly weapon" means:
                     (A)  a firearm or any object manifestly designed,
  made, or adapted for the purpose of inflicting death or serious
  bodily injury; or
                     (B)  any object that in the manner of its use or
  intended use is capable of causing death or serious bodily injury.
               (2)  "Officer-involved injury or death" means an
  incident during which a peace officer discharges a firearm causing
  injury or death to another.
         (b)  The office of the attorney general by rule shall create
  a written and electronic form for the reporting by law enforcement
  agencies of an officer-involved injury or death.  The form must
  include spaces to report only the following information:
               (1)  the date on which the incident occurred;
               (2)  the location where the incident occurred;
               (3)  the age, gender, and race or ethnicity of each
  peace officer involved in the incident;
               (4)  if known, the age, gender, and race or ethnicity of
  each injured or deceased person involved in the incident;
               (5)  whether the person was injured or died as a result
  of the incident;
               (6)  whether each injured or deceased person used,
  exhibited, or was carrying a deadly weapon during the incident;
               (7)  whether each peace officer involved in the
  incident was on duty during the incident;
               (8)  whether each peace officer involved in the
  incident was responding to an emergency call or a request for
  assistance and, if so, whether the officer responded to that call or
  request with one or more other peace officers; and
               (9)  whether the incident occurred during or as a
  result of: 
                     (A)  the execution of a warrant; or
                     (B)  a hostage, barricade, or other emergency
  situation.
         (c)  Not later than the 30th day after the date of an
  officer-involved injury or death, the law enforcement agency
  employing an officer involved in the incident must complete and
  submit a written or electronic report, using the form created under
  Subsection (b), to the office of the attorney general and, if the
  agency maintains an Internet website, post a copy of the report on
  the agency's website. The report must include all information
  described in Subsection (b).
         (d)  Not later than the fifth day after the date of receipt of
  a report submitted under Subsection (c), the office of the attorney
  general shall post a copy of the report on the office's Internet
  website.
         (e)  Not later than February 1 of each year, the office of the
  attorney general shall submit a report regarding all
  officer-involved injuries or deaths that occurred during the
  preceding 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.
         Art. 2.1395.  REPORTS REQUIRED FOR CERTAIN INJURIES OR
  DEATHS OF PEACE OFFICERS. (a) The office of the attorney general
  by rule shall create a written and electronic form for the reporting
  by law enforcement agencies of incidents in which, while a peace
  officer is performing an official duty, a person who is not a peace
  officer discharges a firearm and causes injury or death to the
  officer. The form must include spaces to report only the following
  information:
               (1)  the date on which the incident occurred;
               (2)  the location where the incident occurred;
               (3)  the age, gender, and race or ethnicity of each
  injured or deceased peace officer involved in the incident;
               (4)  if known, the age, gender, and race or ethnicity of
  each person who discharged a firearm and caused injury or death to a
  peace officer involved in the incident; and
               (5)  whether the officer or any other person was
  injured or died as a result of the incident.
         (b)  Not later than the 30th day after the date of the
  occurrence of an incident described by Subsection (a), the law
  enforcement agency employing the injured or deceased officer at the
  time of the incident must complete and submit a written or
  electronic report, using the form created under that subsection, to
  the office of the attorney general and, if the agency maintains an
  Internet website, post a copy of the report on the agency's website.  
  The report must include all information described in Subsection
  (a).
         (c)  Not later than February 1 of each year, the office of the
  attorney general shall submit a report regarding all incidents
  described by Subsection (a) that occurred during the preceding 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 incidents that occurred;
               (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 October 1, 2015, the office of the
  attorney general shall create the reporting forms required under
  Articles 2.139 and 2.1395, Code of Criminal Procedure, as added by
  this Act.
         SECTION 3.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1036 was passed by the House on May 7,
  2015, by the following vote:  Yeas 141, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1036 on May 23, 2015, by the following vote:  Yeas 133, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1036 was passed by the Senate, with
  amendments, on May 22, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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