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A BILL TO BE ENTITLED
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AN ACT
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relating to searches, seizures and raids by Special Weapons and |
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Tactics teams. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.1371, Code of Criminal Procedure, is |
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added to read as follows: |
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Art. 2.1371. PROVISION OF BODY CAMERAS TO SPECIAL TEAMS. A |
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department may not create or administer a Special Weapons and |
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Tactics team or unit unless every officer on that unit is equipped |
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with a body camera and the department has instituted policies and |
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procedures to ensure that body cameras are turned on and recording |
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during all unit action and remain on until the action is concluded |
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by the arrest of all persons or at the time that all police |
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personnel have left the premises. Body camera video shall |
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otherwise be governed by Occupations Code Art. 1701.655 and Article |
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2.1396, Code of Criminal Procedure. |
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SECTION 2. Article 2.1383 and Article 2.1384, Code of |
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Criminal Procedure, are added to read as follows: |
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Art. 2.1383. STANDARDS FOR DEPLOYMENT OF SPECIAL WEAPONS |
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AND TACTICS TEAMS (SWAT). (a) In this article, a "Special Weapons |
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and Tactics team" is defined as a designated team of law enforcement |
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officers who are specifically trained and equipped to work as a |
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coordinated team to respond to critical incidents, including, but |
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not limited to, hostage taking, barricaded suspects, snipers, |
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terrorist acts, and other high-risk incidents, regardless of the |
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name an agency gives to such team. |
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(b) A department administering a Special Weapons and |
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Tactics team shall institute policies designed to limit the |
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deployment of that team to situations involving an imminent threat |
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of serious bodily injury to civilians or officers. The |
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determination to deploy a Special Weapons and Tactics team shall be |
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based on consideration of evidence for an imminent threat to a |
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persons or officers, and that the conditions are such that the |
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suspect cannot reasonably be apprehended using routine methods. |
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The existence alone of a legally owned gun in the home of an |
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individual does not constitute evidence of an imminent threat. |
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When SWAT is deployed for a pre-planned warrant service or for an |
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incident not involving ongoing violence, the basis for believing an |
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imminent threat exists should be reviewed and approved by a |
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supervisor at the level of Captain or above before the deployment, |
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to include justification for warrant execution between the hours of |
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sunset and sunrise. |
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Art. 2.1384. REPORTS REQUIRED FOR SPECIAL WEAPONS AND |
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TACTICS TEAM DEPLOYMENTS. (a) All departments administering a |
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Special Weapons and Tactical team shall annually report information |
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about team deployments and training to their local governing body. |
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(b) The Texas Commission on Law Enforcement by rule shall |
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create a training curriculum and standards for certification as a |
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SWAT team member, and for in-service training requirements for SWAT |
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certified officers and for SWAT teams. |
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(c) The Texas Commission on Law Enforcement by rule shall |
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create a form for use by departments for reporting to the local |
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governing body, which may require additional reporting, but the |
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report must include at least the following information about |
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Special Weapons and Tactics Team's: |
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(1) the date on which the team was deployed; |
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(2) the location where the incident occurred; |
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(3) the specific reason for the deployment including a |
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short description of the evidence of ongoing violent conduct |
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including the existence of a tip by an undercover or anonymous |
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informant; |
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(4) a listing of military or forcible entry equipment |
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used, if any; |
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(4) if known, the age, gender, and race or ethnicity of |
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each injured or deceased person involved in the incident; |
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(5) a list of any controlled substances, weapons, |
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contraband, or evidence of crime found on the premises or any |
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individuals; |
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(6) whether any person used, exhibited, or was |
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carrying a deadly weapon during the incident; |
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(8) whether the incident occurred as a result of a drug |
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investigation. |
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(9) the training received by the SWAT team |
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collectively and for the SWAT officers individually. |
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SECTION 3. Article 2.1396, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.1396. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION |
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OFFENSES OR PERSONS SUBJECT TO ARREST, DETENTION OR INJURY BY A |
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SPECIAL WEAPONS AND TACTICS UNIT. A person stopped or arrested on |
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suspicion of an offense under Section 49.04, 49.045, 49.07, or |
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49.08, Penal Code, |
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a person whose arrest or detention is the result |
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of a Special Weapons And Tactics operation, or an immediate family |
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member of a person who suffered serious bodily injury or died as a |
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result of a Special Weapons and Tactics operation is entitled to |
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receive from a law enforcement agency employing the peace officer |
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or officers who made the stop or arrest or conducted the operation a |
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copy of [any] all video or audio recordings made by or at the |
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direction of the officer that [contains footage of] recorded: |
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(1) the stop or other police action; |
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(2) the arrest; |
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(3) the conduct of the person [stopped] during any |
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interaction with the officer, including during the administration |
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of a field sobriety test; or |
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(4) a procedure in which a specimen of the person's |
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breath or blood is taken. |
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SECTION 4. The Texas Commission on Law Enforcement shall |
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adopt the rules required by Section 2.1384, Code of Criminal |
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Procedure, as added by this Act, not later than December 1, 2019. |
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SECTION 5. This Act takes effect September 1, 2019. |