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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements for and the availability of |
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information regarding certain uses of force, injuries, or deaths |
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caused by peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 2.139, Code of Criminal |
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Procedure, as added by Chapter 516 (H.B. 1036), Acts of the 84th |
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Legislature, Regular Session, 2015, is amended to read as follows: |
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Art. 2.139. REPORTS AND INFORMATION REGARDING [REQUIRED
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FOR] OFFICER-INVOLVED USES OF FORCE, INJURIES, OR DEATHS. |
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SECTION 2. Article 2.139(a), Code of Criminal Procedure, as |
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added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature, |
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Regular Session, 2015, is amended by amending Subdivision (2) and |
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adding Subdivision (3) to read as follows: |
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(2) "Officer-involved injury or death" means an |
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officer-involved use of force that causes [incident during which a
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peace officer discharges a firearm causing] injury or death to |
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another. |
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(3) "Officer-involved use of force" means an incident |
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during which a peace officer uses an action or force to compel |
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compliance by an unwilling person. |
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SECTION 3. Article 2.139, Code of Criminal Procedure, as |
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added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature, |
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Regular Session, 2015, is amended by amending Subsection (b) and |
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adding Subsections (b-1) and (f) to read as follows: |
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(b) The office of the attorney general by rule shall create |
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a written and electronic form for the recording [reporting] by law |
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enforcement agencies of information concerning an officer-involved |
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use of force [injury or death]. The form must include spaces to |
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record [report] only the following information: |
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(1) the date on which the incident occurred; |
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(2) the location where the incident occurred; |
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(3) the age, gender, name, and race or ethnicity of |
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each peace officer involved in the incident; |
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(4) [if known,] the age, gender, name, and race or |
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ethnicity of each person against whom force was used [injured or
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deceased person involved] in the incident, including a description |
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of any injuries sustained by the person; |
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(5) a detailed description of the use of force, |
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including a description of the use by a peace officer of a deadly |
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weapon; |
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(6) whether the person against whom force was used |
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[was injured or] died as a result of the incident; |
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(7) [(6)] a description of whether and how each |
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[injured or deceased] person against whom force was used[,] |
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exhibited[,] or was carrying a deadly weapon during the incident; |
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(8) [(7)] whether each peace officer involved in the |
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incident was on duty during the incident; |
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(9) [(8)] whether each peace officer involved in the |
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incident was responding to an emergency call or a request for |
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assistance and, if so, whether the officer responded to that call or |
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request with one or more other peace officers; and |
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(10) [(9)] whether the incident occurred during or as |
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a result of: |
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(A) the execution of a warrant; or |
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(B) a hostage, barricade, or other emergency |
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situation. |
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(b-1) As soon as practicable after an officer-involved use |
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of force, the law enforcement agency employing an officer involved |
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in the incident must record the information described by Subsection |
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(b) regarding the incident. |
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(f) Notwithstanding any other law, information described by |
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Subsection (b) is public information under Chapter 552, Government |
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Code, is not confidential, is not excepted from required |
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disclosure, and must be disclosed in response to a request under |
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that chapter. A governmental body must disclose the information |
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regardless of whether the information is held in a personnel |
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record, law enforcement record, or other record maintained by or on |
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behalf of the governmental body. |
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SECTION 4. Article 2.139(f), Code of Criminal Procedure, as |
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added by this Act, applies only to a request for information |
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received by a governmental body or an officer for public |
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information on or after the effective date of this Act. A request |
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for information received before the effective date of this Act is |
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governed by the law in effect when the request was received, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. Not later than October 1, 2017, the office of the |
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attorney general shall adopt rules to implement Article 2.139(b), |
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Code of Criminal Procedure, as amended by this Act. |
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SECTION 6. This Act takes effect September 1, 2017. |