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 |
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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 [ |
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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 [ |
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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 [ |
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enforcement agencies of information concerning an officer-involved | ||
use of force [ |
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record [ |
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(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) [ |
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ethnicity of each person against whom force was used [ |
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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 | ||
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(7) [ |
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exhibited[ |
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(8) [ |
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incident was on duty during the incident; | ||
(9) [ |
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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) [ |
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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. |