Bill Text: TX HB1396 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to law enforcement agencies and policies and procedures affecting peace officers.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2021-05-12 - Postponed 7/16/22 10:00 AM [HB1396 Detail]
Download: Texas-2021-HB1396-Introduced.html
Bill Title: Relating to law enforcement agencies and policies and procedures affecting peace officers.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2021-05-12 - Postponed 7/16/22 10:00 AM [HB1396 Detail]
Download: Texas-2021-HB1396-Introduced.html
87R3270 MAW/JCG-D | ||
By: White | H.B. No. 1396 |
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relating to law enforcement agencies and policies and procedures | ||
affecting 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 Article 2.1397 to read as follows: | ||
Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY REGARDING | ||
PEACE OFFICER MISCONDUCT; DATABASE. (a) In this article: | ||
(1) "Commission" means the Texas Commission on Law | ||
Enforcement. | ||
(2) "Law enforcement agency" means an agency of this | ||
state or an agency of a political subdivision of this state | ||
authorized by law to employ peace officers. | ||
(b) Each law enforcement agency in this state shall report | ||
to the commission each incident of misconduct by a peace officer | ||
employed by the agency, including: | ||
(1) a conviction for a criminal offense committed in | ||
the course of performing the officer's duties; or | ||
(2) the use of excessive force against a person | ||
suspected of committing an offense. | ||
(c) In reporting an incident of misconduct under Subsection | ||
(b), the law enforcement agency shall also report whether the | ||
agency terminated or took disciplinary action against the peace | ||
officer or permitted the peace officer to retire or resign in lieu | ||
of termination for the misconduct. | ||
(d) The commission shall establish a database for | ||
information reported to the commission under this article. | ||
(e) The commission shall make information in the database | ||
accessible by all law enforcement agencies in this state. | ||
(f) The commission may make information regarding an | ||
incident of misconduct that is maintained in the database available | ||
to a federal law enforcement agency that is investigating the | ||
incident. | ||
(g) Information maintained in the database is confidential | ||
and not subject to disclosure under Chapter 552, Government Code. | ||
(h) Not later than March 1 of each year, the commission | ||
shall make available on its Internet website a report regarding | ||
incidents of misconduct reported during the preceding calendar | ||
year. The report must include: | ||
(1) the total number of incidents reported to the | ||
commission under this article during that period; and | ||
(2) information regarding: | ||
(A) the most common types of misconduct reported; | ||
and | ||
(B) disciplinary action taken by the law | ||
enforcement agency, including termination or permitting the peace | ||
officer to retire or resign in lieu of termination. | ||
(i) A report under Subsection (h) may not include | ||
information identifying a specific peace officer. | ||
SECTION 2. Subchapter A, Chapter 772, Government Code, is | ||
amended by adding Section 772.0055 to read as follows: | ||
Sec. 772.0055. LIMITATION ON ELIGIBILITY FOR GRANT. (a) In | ||
this section, "law enforcement agency" means an agency of this | ||
state or an agency of a political subdivision of this state | ||
authorized by law to employ peace officers. | ||
(b) Notwithstanding any other law, to be eligible to receive | ||
a grant or other discretionary funding by the governor, a law | ||
enforcement agency must: | ||
(1) consistently report incidents of misconduct as | ||
required by Article 2.1397, Code of Criminal Procedure; and | ||
(2) maintain a current certification, issued by a | ||
credentialing entity designated under Section 1701.165(d), | ||
Occupations Code, certifying that the agency's policies regarding | ||
use of force by peace officers: | ||
(A) comply with all applicable laws; and | ||
(B) prohibit the use of choke holds or other | ||
physical maneuvers to restrict a person's ability to breathe for | ||
purpose of incapacitation unless the officer is justified in using | ||
deadly force against the person. | ||
(c) For purposes of Subsection (b)(1), on request, the Texas | ||
Commission on Law Enforcement shall provide information to the | ||
governor's office regarding reporting of incidents of misconduct by | ||
a law enforcement agency. | ||
SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is | ||
amended by adding Sections 1701.165 and 1701.166 to read as | ||
follows: | ||
Sec. 1701.165. ADVISORY COMMITTEE ON LAW ENFORCEMENT AGENCY | ||
CREDENTIALING ENTITIES. (a) The commission shall establish an | ||
advisory committee to advise the commission regarding law | ||
enforcement agency credentialing entities. | ||
(b) The advisory committee must include representatives of: | ||
(1) municipal and county law enforcement agencies, | ||
including agencies of varying size and from different areas of this | ||
state; | ||
(2) the Department of Public Safety; | ||
(3) the Texas Department of Criminal Justice; and | ||
(4) entities that operate correctional facilities | ||
under contract with a county or the Texas Department of Criminal | ||
Justice. | ||
(c) The advisory committee shall review entities that | ||
provide credentialing to law enforcement agencies and identify | ||
credentialing entities that, at a minimum, establish standards and | ||
processes for reviewing adherence to the standards in the following | ||
aspects of a law enforcement agency's operations: | ||
(1) policies and training regarding use of force and | ||
de-escalation techniques; | ||
(2) performance management tools; | ||
(3) procedures to ensure prompt identification of | ||
peace officers requiring intervention; and | ||
(4) best practices regarding community engagement. | ||
(d) The commission shall designate, for purposes of | ||
certifying that the policies of a law enforcement agency comply | ||
with the requirements of Section 772.0055(b)(2), Government Code, | ||
one or more of the credentialing entities identified by the | ||
advisory committee under Subsection (c). | ||
Sec. 1701.166. COORDINATED RESPONSE PROGRAM MODEL POLICY. | ||
(a) In this section, "coordinated response program" means a | ||
program operated by a law enforcement agency in which a peace | ||
officer and a mental health professional jointly respond to a | ||
report of an alleged offense or other incident involving a person | ||
with a mental impairment, suffering from homelessness, or | ||
experiencing similar circumstances. | ||
(b) The commission, in consultation with the Health and | ||
Human Services Commission and state and local law enforcement | ||
agencies, shall develop and make available to all law enforcement | ||
agencies in this state a model policy and associated training | ||
materials regarding the operation of a coordinated response | ||
program. | ||
(c) In developing the model policy, the commission shall: | ||
(1) survey coordinated response programs implemented | ||
in this state or another state; and | ||
(2) consider the creation of specialized training | ||
programs for officers and mental health professionals | ||
participating in a coordinated response program. | ||
SECTION 4. (a) Not later than January 1, 2022, the Texas | ||
Commission on Law Enforcement shall: | ||
(1) establish the database required by Article 2.1397, | ||
Code of Criminal Procedure, as added by this Act; | ||
(2) establish the advisory committee required by | ||
Section 1701.165, Occupations Code, as added by this Act; and | ||
(3) develop and make available the model policy and | ||
associated training materials required by Section 1701.166, | ||
Occupations Code, as added by this Act. | ||
(b) Not later than June 1, 2022, the Texas Commission on Law | ||
Enforcement shall designate one or more credentialing entities as | ||
required by Section 1701.165, Occupations Code, as added by this | ||
Act. | ||
SECTION 5. Section 772.0055, Government Code, as added by | ||
this Act, applies only to a grant awarded by the office of the | ||
governor on or after September 1, 2022. A grant awarded before | ||
September 1, 2022, is governed by the law in effect immediately | ||
before the effective date of this Act, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2021. |