Bill Text: TX HB4172 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to training for law enforcement officers and officials; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-31 - Referred to Homeland Security & Public Safety [HB4172 Detail]

Download: Texas-2017-HB4172-Introduced.html
 
 
  By: Coleman H.B. No. 4172
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to training for law enforcement officers and officials;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.253, Occupations Code, is amended
  by amending Subsections (c), (h), and (j) and adding Subsection (n)
  to read as follows:
         (c)  As part of the minimum curriculum requirements, the
  commission shall establish a statewide comprehensive education and
  training program on civil rights, racial sensitivity, implicit
  bias, and cultural diversity for persons licensed under this
  chapter.
         (h)  As part of the minimum curriculum requirements, the
  commission shall establish a statewide comprehensive education and
  trainin
  g program on racial profiling for officers licensed under
  this chapter.  An officer shall complete a program established
  under this subsection not later than the first [second] anniversary
  of the date the officer is licensed under this chapter or the date
  the officer applies for an intermediate proficiency certificate,
  whichever date is earlier.
         (j)  As part of the minimum curriculum requirements, the
  commission shall require an officer to complete a 40-hour statewide
  education and training program on de-escalation and crisis
  intervention techniques to facilitate interaction with persons
  with mental impairments.  An officer shall complete the program not
  later than the first [second] anniversary of the date the officer is
  licensed under this chapter or the date the officer applies for an
  intermediate proficiency certificate, whichever date is earlier.  
  An officer may not satisfy the requirements of this subsection
  [section] or Section 1701.402(g) by taking an online course on
  de-escalation and crisis intervention techniques to facilitate
  interaction with persons with mental impairments.
         (n)  As part of the minimum curriculum requirements, the
  commission shall require an officer to complete a statewide
  education and training program on de-escalation techniques to
  facilitate interaction with members of the public, including
  techniques for limiting the use of force.  An officer shall complete
  the program not later than the first anniversary of the date the
  officer is licensed under this chapter or the date the officer
  applies for an intermediate proficiency certificate, whichever
  date is earlier.  An officer may not satisfy the requirements of
  this subsection or Section 1701.402(n) by taking an online course.
         SECTION 2.  Section 1701.310, Occupations Code, is amended
  by adding Subsections (f) to read as follows:
         (f)  A person assigned by the sheriff to the chief command
  position overseeing a county jail shall within 90 days of being
  assigned to the chief command position overseeing a county jail
  pass the chief command position exam.
               (1)  If a person assigned to the chief command position
  overseeing a county jail fails the chief command position exam they
  shall be immediately removed, and be unable to be reinstated until
  they pass the chief command position exam.
               (2)  A person who fails the chief command position exam
  must wait a minimum of 90 days to retake the exam.
               (3)  The Sheriff of the County in which the jail is
  located shall hold the chief command position until a new person is
  appointed, or the person originally assigned has passed the chief
  command position exam.
         SECTION 3.  Section 1701.352, Occupations Code, is amended
  by amending Subsections (b) and (e) and adding Subsection (j) to
  read as follows:
         (b)  The commission shall require a state, county, special
  district, or municipal agency that appoints or employs peace
  officers to provide each peace officer with a training program at
  least once every 48 months that is approved by the commission and
  consists of:
               (1)  topics selected by the agency; and
               (2)  for an officer holding only a basic proficiency
  certificate, not more than 20 hours of education and training that
  contain curricula incorporating the learning objectives developed
  by the commission regarding:
                     (A)  civil rights, racial sensitivity, implicit
  bias, and cultural diversity;
                     (B)  de-escalation and crisis intervention
  techniques to facilitate interaction with persons with mental
  impairments; [and]
                     (C)  de-escalation techniques to facilitate
  interaction with members of the public, including techniques for
  limiting the use of force; and
                     (D)  unless determined by the agency head to be
  inconsistent with the officer's assigned duties:
                           (i)  the recognition and documentation of
  cases that involve child abuse or neglect, family violence, and
  sexual assault; and
                           (ii)  issues concerning sex offender
  characteristics.
         (e)  The commission may require a state, county, special
  district, or municipal agency that appoints or employs a reserve
  law enforcement officer, county jailer, or public security officer
  to provide each of those persons with education and training in
  civil rights, racial sensitivity, implicit bias, and cultural
  diversity at least once every 48 months.
         (j)  The education and training program on de-escalation
  techniques to facilitate interaction with members of the public
  under Subsection (b)(2)(C) may not be provided as an online course.
         SECTION 4.  Section 1701.402, Occupations Code, is amended
  by amending Subsection (i) and adding Subsection (n) to read as
  follows:
         (i)  As a requirement for an intermediate proficiency
  certificate, an officer must complete an education and training
  program on civil rights, racial sensitivity, implicit bias, and
  cultural diversity established by the commission under Section
  1701.253(c).
         (n)  As a requirement for an intermediate proficiency
  certificate or an advanced proficiency certificate, an officer must
  complete the education and training program regarding
  de-escalation techniques to facilitate interaction with members of
  the public established by the commission under Section 1701.253(n).
         SECTION 5.  Section 1701.310, Occupations Code, is amended
  by amending Subsections (a) to read as follows:
         Sec. 1701.310.  APPOINTMENT OF COUNTY JAILER; TRAINING
  REQUIRED.  (a)  Except as provided by Subsection (e), a person may
  not be appointed as a county jailer, except on a temporary basis,
  unless the person has satisfactorily completed a preparatory
  training program which includes 24 hours of training to facilitate
  interaction with persons with mental impairments, as required by
  the commission, in the operation of a county jail at a school
  operated or licensed by the commission.
         SECTION 6.  Chapter 511, Government Code, is amended by
  adding Section 511.00905 to read as follows:
         Sec. 511.00905.  CHIEF COMMAND POSITION; EXAMINATION
  REQUIRED.  (a)  The commission shall approve an examination for a
  person assigned to the chief command position overseeing a county
  jail.
         (b)  The commission shall adopt rules requiring a person,
  other than a sheriff, assigned to the chief command position
  overseeing a county jail to pass the examination not later than the
  90th day after the date the person is assigned to that position.
  The rules must provide that a person who fails the examination:
               (1)  shall be immediately removed from the position and
  may not be reinstated until the person passes the examination; and
               (2)  may not retake the examination before the 91st day
  after the date of the failed examination.
         (c)  The sheriff of a county shall perform the duties of the
  chief command position at any time there is not a person available
  who satisfies the examination requirements of this section.
         (d)  The commission shall provide for the examination to be
  available at testing centers throughout this state.  If the
  commission contracts with a testing service to administer and grade
  the examination, the contract shall authorize the service to
  collect a reasonable fee not to exceed $50 from each examinee.
         SECTION 7.  Section 1701.310, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  A person other than a sheriff may not serve in the
  chief command position of a county jail unless the person satisfies
  the examination requirement of Section 511.00905, Government Code.
         SECTION 8.  Not later than January 1, 2018, the Sam Houston
  State University College of Criminal Justice shall develop and the
  Commission on Jail Standards shall approve the examination required
  by Section 511.00905, Government Code, as added by this Act.
         SECTION 9.  Section 1701.310(a-1), Occupations Code, as
  added by this Act, takes effect January 1, 2018.
         SECTION 10.  Not later than January 1, 2018, the Texas
  Commission on Law Enforcement shall establish or modify training
  programs as necessary to comply with Section 1701.253, Occupations
  Code, as amended by this article.
         SECTION 11.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2017.
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