Bill Text: TX SB2055 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a Texas Commission on Law Enforcement database concerning peace officer misconduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to Jurisprudence [SB2055 Detail]
Download: Texas-2021-SB2055-Introduced.html
| 87R5169 MAW-D | ||
| By: Menéndez | S.B. No. 2055 | |
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| relating to a Texas Commission on Law Enforcement database | ||
| concerning peace officer misconduct. | ||
| 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. (a) In this article, "law enforcement | ||
| agency" means an agency of the state or an agency of a political | ||
| subdivision of the state authorized by law to employ peace | ||
| officers. | ||
| (b) A law enforcement agency that takes disciplinary action | ||
| against a peace officer for misconduct shall promptly report the | ||
| misconduct and disciplinary action taken to the Texas Commission on | ||
| Law Enforcement for inclusion in the database established under | ||
| Section 1701.165, Occupations Code. | ||
| SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is | ||
| amended by adding Section 1701.165 to read as follows: | ||
| Sec. 1701.165. DATABASE OF PEACE OFFICER MISCONDUCT. (a) | ||
| The commission shall establish a database for information | ||
| concerning peace officers who have been disciplined by a law | ||
| enforcement agency for misconduct. | ||
| (b) The commission shall include reports received under | ||
| Article 2.1397, Code of Criminal Procedure, in the database and | ||
| make the database accessible by law enforcement agencies in this | ||
| state. | ||
| SECTION 3. The heading to Section 1701.451, Occupations | ||
| Code, is amended to read as follows: | ||
| Sec. 1701.451. DUTIES OF LAW ENFORCEMENT AGENCY SEEKING TO | ||
| HIRE LICENSE HOLDER [ |
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| SECTION 4. Section 1701.451(a), Occupations Code, is | ||
| amended to read as follows: | ||
| (a) Before a law enforcement agency may hire a person | ||
| licensed under this chapter, the agency head or the agency head's | ||
| designee must: | ||
| (1) make a request to the commission for any | ||
| employment termination report regarding the person that is | ||
| maintained by the commission under this subchapter; [ |
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| (2) submit to the commission on the form prescribed by | ||
| the commission confirmation that the agency: | ||
| (A) conducted in the manner prescribed by the | ||
| commission a criminal background check regarding the person; | ||
| (B) obtained the person's written consent on a | ||
| form prescribed by the commission for the agency to view the | ||
| person's employment records; | ||
| (C) obtained from the commission any service or | ||
| education records regarding the person maintained by the | ||
| commission; and | ||
| (D) contacted each of the person's previous law | ||
| enforcement employers; and | ||
| (3) review any information regarding the person that | ||
| is maintained in the database under Section 1701.165. | ||
| SECTION 5. Not later than January 1, 2022, the Texas | ||
| Commission on Law Enforcement shall establish the database required | ||
| by Section 1701.165, Occupations Code, as added by this Act. | ||
| SECTION 6. Section 1701.451(a), Occupations Code, as | ||
| amended by this Act, applies only with respect to a person hired on | ||
| or after January 1, 2022. A person hired before January 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 7. This Act takes effect September 1, 2021. | ||
