Bill Text: TX HB4091 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to reporting requirements for and the availability of information regarding certain uses of force, injuries, or deaths caused by peace officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-03 - Referred to Homeland Security & Public Safety [HB4091 Detail]

Download: Texas-2017-HB4091-Introduced.html
  85R11204 SRS-F
 
  By: Coleman H.B. No. 4091
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reporting requirements for and the availability of
  information regarding certain uses of force, injuries, or deaths
  caused by peace officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Article 2.139, Code of Criminal
  Procedure, as added by Chapter 516 (H.B. 1036), Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
         Art. 2.139.  REPORTS AND INFORMATION REGARDING [REQUIRED
  FOR] OFFICER-INVOLVED USES OF FORCE, INJURIES, OR DEATHS.
         SECTION 2.  Article 2.139(a), Code of Criminal Procedure, as
  added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature,
  Regular Session, 2015, is amended by amending Subdivision (2) and
  adding Subdivision (3) to read as follows:
               (2)  "Officer-involved injury or death" means an
  officer-involved use of force that causes [incident during which a
  peace officer discharges a firearm causing] injury or death to
  another.
               (3)  "Officer-involved use of force" means an incident
  during which a peace officer uses an action or force to compel
  compliance by an unwilling person.
         SECTION 3.  Article 2.139, Code of Criminal Procedure, as
  added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature,
  Regular Session, 2015, is amended by amending Subsection (b) and
  adding Subsections (b-1) and (f) to read as follows:
         (b)  The office of the attorney general by rule shall create
  a written and electronic form for the recording [reporting] by law
  enforcement agencies of information concerning an officer-involved
  use of force [injury or death].  The form must include spaces to
  record [report] only the following information:
               (1)  the date on which the incident occurred;
               (2)  the location where the incident occurred;
               (3)  the age, gender, name, and race or ethnicity of
  each peace officer involved in the incident;
               (4)  [if known,] the age, gender, name, and race or
  ethnicity of each person against whom force was used [injured or
  deceased person involved] in the incident, including a description
  of any injuries sustained by the person;
               (5)  a detailed description of the use of force,
  including a description of the use by a peace officer of a deadly
  weapon;
               (6)  whether the person against whom force was used 
  [was injured or] died as a result of the incident;
               (7) [(6)]  a description of whether and how each
  [injured or deceased] person against whom force was used[,]
  exhibited[,] or was carrying a deadly weapon during the incident;
               (8) [(7)]  whether each peace officer involved in the
  incident was on duty during the incident;
               (9) [(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
               (10) [(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.
         (b-1)  As soon as practicable after an officer-involved use
  of force, the law enforcement agency employing an officer involved
  in the incident must record the information described by Subsection
  (b) regarding the incident.
         (f)  Notwithstanding any other law, information described by
  Subsection (b) is public information under Chapter 552, Government
  Code, is not confidential, is not excepted from required
  disclosure, and must be disclosed in response to a request under
  that chapter.  A governmental body must disclose the information
  regardless of whether the information is held in a personnel
  record, law enforcement record, or other record maintained by or on
  behalf of the governmental body.
         SECTION 4.  Article 2.139(f), Code of Criminal Procedure, as
  added by this Act, applies only to a request for information
  received by a governmental body or an officer for public
  information on or after the effective date of this Act. A request
  for information received before the effective date of this Act is
  governed by the law in effect when the request was received, and the
  former law is continued in effect for that purpose.
         SECTION 5.  Not later than October 1, 2017, the office of the
  attorney general shall adopt rules to implement Article 2.139(b),
  Code of Criminal Procedure, as amended by this Act.
         SECTION 6.  This Act takes effect September 1, 2017.
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