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A BILL TO BE ENTITLED
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AN ACT
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relating to interactions between law enforcement and individuals |
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detained or arrested on suspicion of the commission of criminal |
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offenses and the confinement or release of those individuals prior |
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to prosecution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. SHORT TITLE, PREAMBLE, AND FINDINGS |
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SECTION 1.01. SHORT TITLE. This Act shall be known as the |
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Sandra Bland Act in memory of Sandra Bland. |
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SECTION 1.02. PREAMBLE. The events leading up to Sandra |
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Bland's unnecessary jailing and tragic death sparked statewide and |
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national outrage. The House Committee on County Affairs held |
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several hearings during the interim to discuss the circumstances |
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and policies that led to her death. The Sandra Bland Act aims to |
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improve and correct Texas' criminal justice system to make it |
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better for all people and prevent future tragedies like Sandra |
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Bland's. |
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SECTION 1.03. FINDINGS. After the tragic death of Sandra |
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Bland the House Committee on County Affairs held multiple hearings |
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during the interim of the 84th Texas Legislative Session. The |
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County Affairs Committee reviewed the facts, circumstances, and |
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policies that played a factor in the death of Sandra Bland. |
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The Committee found that there are significant racial |
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disparities in how the Texas Department of Public Safety treats |
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Blacks when compared to Whites after they have been pulled over for |
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a traffic violation. The Committee also found that the way DPS |
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records and presents the data needs to be improved. This Act will |
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address these problems by strengthening Texas' racial profiling |
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law, as well as ensuring that the data Texas collects is robust, |
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clear, and accurate. |
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The Committee found reason to believe that Sandra Bland and |
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many other people are still being stopped for an underlying |
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pretext. Though pre-textual stops are not the policy of DPS, Texas |
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law needs to be strengthened to ensure that it does not happen at |
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DPS or any other law enforcement agency in Texas. The Sandra Bland |
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Act does this by explicitly outlawing the practice of pretext |
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stops, as well as outlawing consent searches, and raising the |
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burden of proof needed to both stop and search vehicles in Texas. |
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These changes will ensure the rights of all are better protected. |
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Additionally, the Committee found that it would be beneficial |
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to the public that all law enforcement would use de-escalation |
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tactics in all interactions with the public. The officer escalating |
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the routine traffic stop was the catalyst for the events that led to |
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the death of Sandra Bland. Implementing policies that better train |
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officers to de-escalate interactions with the public will keep us |
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all safer and prevent future tragedies. |
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The Committee also found that far too many people are being |
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brought to jail and remaining there unnecessarily like Sandra |
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Bland. The Committee found that policies of diverting people who |
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are in crisis and running afoul of the law either due to their |
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mental health or substance abuse would be better served being |
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diverted into treatment, rather than cycled through the jail system |
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and released with the same problems that caused them to get arrested |
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previously. The Committee found suspending medical benefits upon |
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detention instead of terminating them to ensure there are not gaps |
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in treatment would help elevate this revolving door problem. |
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Sandra Bland was also arrested for a fine-only offense. It is |
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not logical and potentially unconstitutional to send someone to |
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jail for an offense that carries no penalty of jail time. Sandra |
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Bland, like many people currently in jail waiting for their trial, |
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are unable to pay their bail. Many of these individuals pose no risk |
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to the community nor are they a flight risk. Yet, the Committee |
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found that county jails are spending millions of dollars every year |
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combined to house these inmates who have yet to be proven guilty. |
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Hence, this Act will increase diversion by creating policies to |
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encourage it, and supporting funding for places where people can be |
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diverted to. Additionally, this Act will create policies aimed at |
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properly increasing the use of personal recognizance bonds. If |
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these policies would have been in place, there is good reason to |
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believe Sandra Bland would still be alive. |
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The Committee found that Sandra Bland died in jail because |
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our jails are not as safe as they could be, and that people who have |
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yet to be proven guilty and even those proven guilty should not be |
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subject to the dangers found in our jails. To address that issue |
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this Act improves training for our jailers, requires jails to have |
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medical personnel present and access to a mental health |
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professional either in person or through telemental health at all |
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times, and automated electronic sensors to ensure accurate cell |
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checks. This Act also creates a grant program to ensure that all |
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County jails will be able to afford these necessary changes. |
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ARTICLE 2. IDENTIFICATION AND DIVERSION OF PERSONS SUSPECTED OF |
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HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY |
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SECTION 2.01. Article 16.22, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF |
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HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL
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RETARDATION]. (a) (1) Not later than 24 [72] hours after |
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receiving credible information that may establish reasonable cause |
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to believe that a defendant committed to the sheriff's custody has a |
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mental illness or is a person with an intellectual disability |
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[mental retardation], including observation of the defendant's |
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behavior immediately before, during, and after the defendant's |
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arrest and the results of any previous assessment of the defendant, |
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the sheriff shall provide written or electronic notice of the |
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information to the magistrate. On a determination that there is |
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reasonable cause to believe that the defendant has a mental illness |
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or is a person with an intellectual disability [mental
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retardation], the magistrate, except as provided by Subdivision |
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(2), shall order the local mental health or intellectual and |
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developmental disability [mental retardation] authority or another |
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qualified mental health or intellectual disability [mental
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retardation] expert to: |
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(A) collect information regarding whether the |
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defendant has a mental illness as defined by Section 571.003, |
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Health and Safety Code, or is a person with an intellectual |
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disability [mental retardation] as defined by Section 591.003, |
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Health and Safety Code, including information obtained from any |
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previous assessment of the defendant; and |
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(B) provide to the magistrate a written |
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assessment of the information collected under Paragraph (A). |
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(2) The magistrate is not required to order the |
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collection of information under Subdivision (1) if the defendant in |
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the year preceding the defendant's applicable date of arrest has |
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been determined to have a mental illness or to be a person with an |
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intellectual disability [mental retardation] by the local mental |
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health or intellectual and developmental disability [mental
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retardation] authority or another mental health or intellectual |
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disability [mental retardation] expert described by Subdivision |
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(1). A court that elects to use the results of that previous |
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determination may proceed under Subsection (c). |
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(3) If the defendant fails or refuses to submit to the |
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collection of information regarding the defendant as required under |
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Subdivision (1), the magistrate may order the defendant to submit |
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to an examination in a mental health facility determined to be |
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appropriate by the local mental health or intellectual and |
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developmental disability [mental retardation] authority for a |
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reasonable period not to exceed 21 days. The magistrate may order a |
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defendant to a facility operated by the Department of State Health |
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Services or the Health and Human Services Commission [Department of
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Aging and Disability Services] for examination only on request of |
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the local mental health or intellectual and developmental |
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disability [mental retardation] authority and with the consent of |
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the head of the facility. If a defendant who has been ordered to a |
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facility operated by the Department of State Health Services or the |
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Health and Human Services Commission [Department of Aging and
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Disability Services] for examination remains in the facility for a |
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period exceeding 21 days, the head of that facility shall cause the |
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defendant to be immediately transported to the committing court and |
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placed in the custody of the sheriff of the county in which the |
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committing court is located. That county shall reimburse the |
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facility for the mileage and per diem expenses of the personnel |
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required to transport the defendant calculated in accordance with |
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the state travel regulations in effect at the time. |
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(b) A written assessment of the information collected under |
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Subsection (a)(1)(A) shall be provided to the magistrate not later |
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than the 30th day after the date of any order issued under |
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Subsection (a) in a felony case and not later than the 10th day |
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after the date of any order issued under that subsection in a |
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misdemeanor case, and the magistrate shall provide copies of the |
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written assessment to the defense counsel, the prosecuting |
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attorney, and the trial court. The written assessment must include |
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a description of the procedures used in the collection of |
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information under Subsection (a)(1)(A) and the applicable expert's |
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observations and findings pertaining to: |
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(1) whether the defendant is a person who has a mental |
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illness or is a person with an intellectual disability [mental
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retardation]; |
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(2) whether there is clinical evidence to support a |
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belief that the defendant may be incompetent to stand trial and |
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should undergo a complete competency examination under Subchapter |
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B, Chapter 46B; and |
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(3) recommended treatment. |
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(c) After the trial court receives the applicable expert's |
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written assessment relating to the defendant under Subsection (b) |
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or elects to use the results of a previous determination as |
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described by Subsection (a)(2), the trial court may, as applicable: |
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(1) resume criminal proceedings against the |
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defendant, including any appropriate proceedings related to the |
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defendant's release on personal bond under Article 17.032; |
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(2) resume or initiate competency proceedings, if |
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|
required, as provided by Chapter 46B or other proceedings affecting |
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the defendant's receipt of appropriate court-ordered mental health |
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or intellectual disability [mental retardation] services, |
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including proceedings related to the defendant's receipt of |
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outpatient mental health services under Section 574.034, Health and |
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Safety Code; or |
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(3) consider the written assessment during the |
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punishment phase after a conviction of the offense for which the |
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defendant was arrested, as part of a presentence investigation |
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report, or in connection with the impositions of conditions |
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following placement on community supervision, including deferred |
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adjudication community supervision. |
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(d) This article does not prevent the applicable court from, |
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before, during, or after the collection of information regarding |
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the defendant as described by this article: |
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(1) releasing a defendant who has a mental illness |
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[mentally ill] or is a person with an intellectual disability |
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[mentally retarded defendant] from custody on personal or surety |
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bond; or |
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(2) ordering an examination regarding the defendant's |
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competency to stand trial. |
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SECTION 2.02. Chapter 16, Code of Criminal Procedure, is |
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|
amended by adding Article 16.23 to read as follows: |
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Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH |
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CRISIS OR SUBSTANCE ABUSE. Each peace officer shall make a good |
|
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faith effort to divert a person suffering a mental health crisis or |
|
|
substance abuse to a proper treatment center in the officer's |
|
|
jurisdiction if: |
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(1) it is reasonably possible to divert the person; |
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(2) the offense that the person is accused of is a |
|
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misdemeanor, other than a misdemeanor involving violence; and |
|
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(3) the crisis or abuse is suspected to be the reason |
|
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the person committed the alleged offense. |
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|
SECTION 2.03. Article 539.002, Government Code, is amended |
|
|
to read as follows: |
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Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF |
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COMMUNITY COLLABORATIVES. (a) To the extent funds are |
|
|
appropriated to the department for that purpose, the department |
|
|
shall make grants to entities, including local governmental |
|
|
entities, nonprofit community organizations, and faith-based |
|
|
community organizations, to establish or expand community |
|
|
collaboratives that bring the public and private sectors together |
|
|
to provide services to persons experiencing homelessness, |
|
|
substance abuse, and mental illness. [The department may make a
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maximum of five grants, which must be made in the most populous
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municipalities in this state that are located in counties with a
|
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|
population of more than one million.] In awarding grants, the |
|
|
department shall give special consideration to entities: |
|
|
(1) establishing a new collaborative; and |
|
|
(2) to collaboratives that serve multiple continues |
|
|
counties with individual populations below 50,000. |
|
|
(b) The department shall require each entity awarded a grant |
|
|
under this section to: |
|
|
(1) leverage additional funding from private sources |
|
|
in an amount that is at least equal to the amount of the grant |
|
|
awarded under this section; [and] |
|
|
(2) provide evidence of significant coordination and |
|
|
collaboration between the entity, local mental health authorities, |
|
|
municipalities, local law enforcement agencies, and other |
|
|
community stakeholders in establishing or expanding a community |
|
|
collaborative funded by a grant awarded under this section; and |
|
|
(3) provide evidence of a local law enforcement policy |
|
|
to divert appropriate persons from jails or other detention |
|
|
facilities to an entity affiliated with a community collaborative |
|
|
for services. |
|
|
SECTION 2.04. Chapter 539, Government Code, is amended by |
|
|
adding Articles 539.0051 to read as follows: |
|
|
Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY |
|
|
COLLABORATIVES. (a) The governing body of a county shall develop |
|
|
and make public a plan detailing: |
|
|
(1) how local mental health authorities, |
|
|
municipalities, local law enforcement agencies, and other |
|
|
community stakeholders in the county could coordinate to establish |
|
|
or expand a community collaborative to accomplish the goals of |
|
|
Section 539.002; |
|
|
(2) how entities in the county may leverage funding |
|
|
from private sources to accomplish the goals of Section 539.002 |
|
|
through the formation or expansion of a community collaborative; |
|
|
and |
|
|
(3) how the formation or expansion of a community |
|
|
collaborative could establish or support resources or services to |
|
|
help local law enforcement agencies to divert persons who have been |
|
|
arrested to appropriate mental health care. |
|
|
(b) The governing body of a county in which an entity that |
|
|
received a grant under Section 539.002 before September 1, 2017, is |
|
|
located is not required to develop a plan under Subsection (a). |
|
|
(c) Counties with a population under 50,000 may work with |
|
|
multiple other counties that touch them that also have a population |
|
|
under 50,000 to form a joint plan. |
|
|
SECTION 2.05. Subchapter B, Chapter 32, Human Resources |
|
|
Code, is amended by adding Section 32.0264 to read as follows: |
|
|
Sec. 32.0264. SUSPENSION, TERMINATION, AND AUTOMATIC |
|
|
REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY |
|
|
JAILS. (a) In this section, "county jail" means a facility |
|
|
operated by or for a county for the confinement of persons accused |
|
|
or convicted of an offense. |
|
|
(b) If an individual is confined in a county jail because |
|
|
the individual has been charged with but not convicted of an |
|
|
offense, the commission shall suspend the individual's eligibility |
|
|
for medical assistance during the period the individual is confined |
|
|
in the county jail. |
|
|
(c) If an individual is confined in a county jail because |
|
|
the individual has been convicted of an offense, the commission |
|
|
shall, as appropriate: |
|
|
(1) terminate the individual's eligibility for medical |
|
|
assistance; or |
|
|
(2) suspend the individual's eligibility during the |
|
|
period the individual is confined in the county jail. |
|
|
(d) Not later than 48 hours after the commission is notified |
|
|
of the release from a county jail of an individual whose eligibility |
|
|
for medical assistance has been suspended under this section, the |
|
|
commission shall reinstate the individual's eligibility, provided |
|
|
the individual's eligibility certification period has not elapsed. |
|
|
Following the reinstatement, the individual remains eligible until |
|
|
the expiration of the period for which the individual was certified |
|
|
as eligible. |
|
|
SECTION 2.06. Subchapter C, Chapter 351, Local Government |
|
|
Code, is amended by adding Section 351.046 to read as follows: |
|
|
Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a) |
|
|
The sheriff of a county may notify the Health and Human Services |
|
|
Commission: |
|
|
(1) on the confinement in the county jail of an |
|
|
individual who is receiving medical assistance benefits under |
|
|
Chapter 32, Human Resources Code; and |
|
|
(2) on the conviction of a prisoner who, immediately |
|
|
before the prisoner's confinement in the county jail, was receiving |
|
|
medical assistance benefits. |
|
|
(b) If the sheriff of a county chooses to provide the |
|
|
notices described by Subsection (a), the sheriff shall provide the |
|
|
notices electronically or by other appropriate means as soon as |
|
|
possible and not later than the 30th day after the date of the |
|
|
individual's confinement or prisoner's conviction, as applicable. |
|
|
(c) The sheriff of a county may notify: |
|
|
(1) the United States Social Security Administration |
|
|
of the release or discharge of a prisoner who, immediately before |
|
|
the prisoner's confinement in the county jail, was receiving: |
|
|
(A) Supplemental Security Income (SSI) benefits |
|
|
under 42 U.S.C. Section 1381 et seq.; or |
|
|
(B) Social Security Disability Insurance (SSDI) |
|
|
benefits under 42 U.S.C. Section 401 et seq.; and |
|
|
(2) the Health and Human Services Commission of the |
|
|
release or discharge of a prisoner who, immediately before the |
|
|
prisoner's confinement in the county jail, was receiving medical |
|
|
assistance benefits. |
|
|
(d) If the sheriff of a county chooses to provide the |
|
|
notices described by Subsection (c), the sheriff shall provide the |
|
|
notices electronically or by other appropriate means not later than |
|
|
48 hours after the prisoner's release or discharge from custody. |
|
|
(e) If the sheriff of a county chooses to provide the |
|
|
notices described by Subsection (c), at the time of the prisoner's |
|
|
release or discharge, the sheriff shall provide the prisoner with a |
|
|
written copy of each applicable notice and a phone number at which |
|
|
the prisoner may contact the Health and Human Services Commission |
|
|
regarding confirmation of or assistance relating to reinstatement |
|
|
of the individual's eligibility for medical assistance benefits, if |
|
|
applicable. |
|
|
(f) The Health and Human Services Commission shall |
|
|
establish a means by which the sheriff of a county, or an employee |
|
|
of the county or sheriff, may determine whether an individual |
|
|
confined in the county jail is or was, as appropriate, receiving |
|
|
medical assistance benefits under Chapter 32, Human Resources Code, |
|
|
for purposes of this section. |
|
|
(g) The county or sheriff, or an employee of the county or |
|
|
sheriff, is not liable in a civil action for damages resulting from |
|
|
a failure to comply with this section. |
|
|
SECTION 2.07. Sections 32.0264(a)-(c), Human Resources |
|
|
Code, and Section 351.046(a), Local Government Code, as added by |
|
|
this Act, apply to an individual whose period of confinement in a |
|
|
county jail begins on or after the effective date of this Act, |
|
|
regardless of the date the individual was determined eligible for |
|
|
medical assistance under Chapter 32, Human Resources Code. |
|
|
SECTION 2.08. Section 32.0264(d), Human Resources Code, and |
|
|
Section 351.046(c), Local Government Code, as added by this Act, |
|
|
apply to the release or discharge of a prisoner from a county jail |
|
|
that occurs on or after the effective date of this Act, regardless |
|
|
of the date the prisoner was initially confined in the county jail. |
|
|
SECTION 2.09. If before implementing any provision of this |
|
|
Act a state agency determines that a waiver or authorization from a |
|
|
federal agency is necessary for implementation of that provision, |
|
|
the agency affected by the provision shall request the waiver or |
|
|
authorization and may delay implementing that provision until the |
|
|
waiver or authorization is granted. |
|
|
ARTICLE 3. BAIL AND PRETRIAL RELEASE |
|
|
SECTION 3.01. Article 17.03, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
|
(b-1) to read as follows: |
|
|
(a) Except as provided by Subsection (b) or (b-1) [of this
|
|
|
article], a magistrate may, in the magistrate's discretion, release |
|
|
the defendant on [his] personal bond without sureties or other |
|
|
security. |
|
|
(b-1) Notwithstanding any other law, a magistrate shall |
|
|
release on personal bond a defendant who is not charged with and has |
|
|
not been previously convicted of a violent offense unless the |
|
|
magistrate finds good cause to justify not releasing the defendant |
|
|
on personal bond. |
|
|
(c) When setting a personal bond under this chapter, on |
|
|
reasonable belief by the investigating or arresting law enforcement |
|
|
agent or magistrate of the presence of a controlled substance in the |
|
|
defendant's body or on the finding of drug or alcohol abuse related |
|
|
to the offense for which the defendant is charged, the court or a |
|
|
magistrate may [shall] require as a condition of personal bond that |
|
|
the defendant submit to testing for alcohol or a controlled |
|
|
substance in the defendant's body and participate in an alcohol or |
|
|
drug abuse treatment or education program if such a condition will |
|
|
serve to reasonably assure the appearance of the defendant for |
|
|
trial. |
|
|
SECTION 3.02. The heading to Article 17.032, Code of |
|
|
Criminal Procedure, is amended to read as follows: |
|
|
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY
|
|
|
ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. |
|
|
SECTION 3.03. Articles 17.032(b) and (c), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(b) A magistrate shall release a defendant on personal bond |
|
|
unless good cause is shown otherwise if the: |
|
|
(1) defendant is not charged with and has not been |
|
|
previously convicted of a violent offense; |
|
|
(2) defendant is examined by the local mental health |
|
|
or intellectual and developmental disability [mental retardation] |
|
|
authority or another mental health expert under Article 16.22 [of
|
|
|
this code]; |
|
|
(3) applicable expert, in a written assessment |
|
|
submitted to the magistrate under Article 16.22: |
|
|
(A) concludes that the defendant has a mental |
|
|
illness or is a person with an intellectual disability [mental
|
|
|
retardation] and is nonetheless competent to stand trial; and |
|
|
(B) recommends mental health treatment for the |
|
|
defendant; and |
|
|
(4) magistrate determines, in consultation with the |
|
|
local mental health or intellectual and developmental disability |
|
|
[mental retardation] authority, that appropriate community-based |
|
|
mental health or intellectual disability [mental retardation] |
|
|
services for the defendant are available through the [Texas] |
|
|
Department of State [Mental] Health Services [and Mental
|
|
|
Retardation] under Section 534.053, Health and Safety Code, or |
|
|
through another mental health or intellectual disability [mental
|
|
|
retardation] services provider. |
|
|
(c) The magistrate, unless good cause is shown for not |
|
|
requiring treatment, shall require as a condition of release on |
|
|
personal bond under this article that the defendant submit to |
|
|
outpatient or inpatient mental health or intellectual disability |
|
|
[mental retardation] treatment as recommended by the local mental |
|
|
health or intellectual and developmental disability [mental
|
|
|
retardation] authority if the defendant's: |
|
|
(1) mental illness or intellectual disability [mental
|
|
|
retardation] is chronic in nature; or |
|
|
(2) ability to function independently will continue to |
|
|
deteriorate if the defendant is not treated. |
|
|
SECTION 3.04. Article 17.033, Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED |
|
|
WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a |
|
|
person who is arrested without a warrant and who is detained in jail |
|
|
must be released on personal bond[, in an amount not to exceed
|
|
|
$5,000,] not later than the 24th hour after the person's arrest if |
|
|
the person was arrested for a misdemeanor and a magistrate has not |
|
|
determined whether probable cause exists to believe that the person |
|
|
committed the offense. [If the person is unable to obtain a surety
|
|
|
for the bond or unable to deposit money in the amount of the bond,
|
|
|
the person must be released on personal bond.] |
|
|
(b) Except as provided by Subsection (c), a person who is |
|
|
arrested without a warrant and who is detained in jail must be |
|
|
released on bond, in an amount not to exceed $5,000 [$10,000], not |
|
|
later than the 24th [48th] hour after the person's arrest if the |
|
|
person was arrested for a felony and a magistrate has not determined |
|
|
whether probable cause exists to believe that the person committed |
|
|
the offense. If the person is unable to obtain a surety for the bond |
|
|
or unable to deposit money in the amount of the bond, the person |
|
|
must be released on personal bond. |
|
|
(c) On the filing of an application by the attorney |
|
|
representing the state, a magistrate may postpone the release of a |
|
|
person under Subsection (a)[, (a-1),] or (b) for not more than 48 |
|
|
[72] hours after the person's arrest. An application filed under |
|
|
this subsection must state the reason a magistrate has not |
|
|
determined whether probable cause exists to believe that the person |
|
|
committed the offense for which the person was arrested. |
|
|
(d) The time limits imposed by Subsections (a)[, (a-1),] and |
|
|
(b) do not apply to a person arrested without a warrant who is taken |
|
|
to a hospital, clinic, or other medical facility before being taken |
|
|
before a magistrate under Article 15.17. For a person described by |
|
|
this subsection, the time limits imposed by Subsections (a)[,
|
|
|
(a-1),] and (b) begin to run at the time, as documented in the |
|
|
records of the hospital, clinic, or other medical facility, that a |
|
|
physician or other medical professional releases the person from |
|
|
the hospital, clinic, or other medical facility. |
|
|
SECTION 3.05. Article 25.03 and 25.04, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case |
|
|
of felony, is on bail at the time the indictment is presented, [it
|
|
|
is not necessary to serve him with a copy, but] the clerk shall [on
|
|
|
request] deliver a copy of the same to the accused or his counsel, |
|
|
at the earliest possible time. |
|
|
Art. 25.04. IN MISDEMEANOR. In misdemeanors, it shall |
|
|
[not] be necessary before trial to furnish the accused with a copy |
|
|
of the indictment or information; [but he or his counsel may demand
|
|
|
a copy, which shall be given as early as possible.] the clerk shall |
|
|
deliver a copy of the same to the accused or his counsel, at the |
|
|
earliest possible time. |
|
|
SECTION 3.06. Chapter 511, Government Code, is amended by |
|
|
adding Section 511.009(a)(21-23) to read as follows: |
|
|
(21) adopt reasonable rules establishing minimum |
|
|
standards for jails regarding use of force, prevention of sexual |
|
|
assault, the management of intoxicated inmates, and the continuity |
|
|
of medication for inmates upon entry and release from the jail. |
|
|
(22) adopt reasonable standards for jails in |
|
|
establishing guidelines for inmate safety that include requiring |
|
|
jails to have: |
|
|
(A) 24 hour access to a mental health |
|
|
professional either on site or through a telemental health service; |
|
|
(B) automated electronic sensors to ensure |
|
|
accurate and timely cell checks; and |
|
|
(C) on-duty nurse or EMT for all shifts. |
|
|
(23) adopt a chief command position exam that the |
|
|
person assigned to the chief command position overseeing a county |
|
|
jail must pass. |
|
|
(A) The chief command position exam may be taken |
|
|
at any testing center, and the testing center may charge a |
|
|
reasonable fee up to $50 for administering and grading the exam. |
|
|
(24) The commission shall adopt reasonable rules and |
|
|
procedures establishing minimum standards regarding the continuity |
|
|
of prescription medications for the care and treatment of inmates |
|
|
and prisoners in county jails. The rules and procedures shall |
|
|
require that inmates and prisoners who are determined to be |
|
|
lawfully taking a prescription medication when they enter the |
|
|
county jail be maintained on that same prescription medication |
|
|
until a qualified health care professional directs otherwise upon |
|
|
individualized consideration. |
|
|
SECTION 3.07. Chapter 511, Government Code, is amended by |
|
|
adding Section 511.019 to read as follows: |
|
|
Sec. 511.019. COUNTY INMATE SAFETY FUND. (a) The County |
|
|
Inmate Safety Fund is a dedicated account in the general revenue |
|
|
fund. |
|
|
(b) The County Inmate Safety Fund consists of: |
|
|
(1) appropriations of money to the fund by the |
|
|
legislature; and |
|
|
(2) gifts, grants, including grants from the federal |
|
|
government, and other donations received for the fund. |
|
|
(e) The Commission shall only make grants to county jails |
|
|
with a certified capacity of 96 inmates or below. |
|
|
(d) Money in the fund may be appropriated only to the |
|
|
commission to pay for capital improvements that are required under |
|
|
section 511.009(a)(22). |
|
|
(e) The commission by rule may establish a grant program to |
|
|
provide grants to counties to fund programs, training, or capital |
|
|
improvements described by Subsection (c). |
|
|
SECTION 3.08. Chapter 511, Government Code, is amended by |
|
|
adding Section 511.020 to read as follows: |
|
|
Sec. 511.020. COLLECTION OF SERIOUS INCIDENTS. (a) The |
|
|
Sheriff of each county jail shall report on a monthly basis to the |
|
|
Commission the occurrence in their jail of: |
|
|
(1) suicides; |
|
|
(2) attempted suicides; |
|
|
(3) deaths; |
|
|
(4) serious injuries; |
|
|
(5) assaults; |
|
|
(6) escapes; |
|
|
(7) sexual assaults; and |
|
|
(8) uses of force. |
|
|
(b) The Commission shall make this data available to the |
|
|
public, and shall produce a monthly report of the data. |
|
|
SECTION 3.09. Chapter 511, Government Code, is amended by |
|
|
adding Section 511.1 to read as follows: |
|
|
Sec. 511.1 OUTSIDE INVESTIGATION OF JAIL DEATHS. (a) The |
|
|
Department of Public Safety shall appoint a law enforcement agency |
|
|
other than that who operates the county jail where an inmate's death |
|
|
happened to investigate that inmate's death as soon as applicable. |
|
|
(b) The law enforcement agency that operates the county jail |
|
|
where the inmate's death occurred shall begin and conduct the |
|
|
investigation until the other law enforcement agency is named and |
|
|
begins their investigation. |
|
|
(c) The law enforcement agency that operates the county jail |
|
|
where the inmate's death occurred shall hand over all evidence and |
|
|
be complete compliance with the law enforcement agency assigned to |
|
|
the investigation. |
|
|
SECTION 3.10. The changes in law made by this article to |
|
|
Articles 17.03 and 17.032, Code of Criminal Procedure, apply only |
|
|
to a personal bond that is executed on or after the effective date |
|
|
of this Act. A personal bond executed before the effective date of |
|
|
this Act is governed by the law in effect when the personal bond was |
|
|
executed, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3.11. The change in law made by this article to |
|
|
Article 17.033, 25.03, and 25.04, Code of Criminal Procedure, |
|
|
applies only to a person who is arrested on or after the effective |
|
|
date of this Act. A person arrested before the effective date of |
|
|
this Act is governed by the law in effect on the date the person was |
|
|
arrested, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3.12. To the extent of any conflict, this Act |
|
|
prevails over another Act of the 85th Legislature, Regular Session, |
|
|
2017, relating to nonsubstantive additions to and corrections in |
|
|
enacted codes. |
|
|
SECTION 3.13. The change in law made by this article to |
|
|
Article 511, Government Code, applies only to events on or after the |
|
|
effective date of this Act. |
|
|
SECTION 3.14. The change in law made by this article to |
|
|
Article 511.009(a)(22), Government Code, The Commission shall |
|
|
adopt rules by September 1, 2018, and county jails must be in |
|
|
compliance by September 1, 2020. |
|
|
SECTION 3.15. The chief command position exam described in |
|
|
Article 511.009(a)(23), Government Code, shall be developed by the |
|
|
Criminal Justice Department at Sam Houston University with input |
|
|
and approval from the Texas Commission on Jail Standards. |
|
|
ARTICLE 4. PEACE OFFICER TRAINING |
|
|
SECTION 4.01. 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 |
|
|
training 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 4.02. 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 4.03. 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 4.03. 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 4.04. 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 4.05. 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. |
|
|
ARTICLE 5. PRETEXT STOPS, RACIAL PROFILING, AND ISSUANCE OF |
|
|
CITATIONS |
|
|
SECTION 5.01. Article 2.13, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) The officer may not: |
|
|
(1) conduct a search based solely on a person's consent |
|
|
to the search; or |
|
|
(2) make a stop for an alleged violation of a traffic |
|
|
law or ordinance as a pretext for investigating a violation of |
|
|
another penal law. |
|
|
SECTION 5.02. Article 2.132, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (b), (c), and (e) and adding |
|
|
Subsections (h) and (i) to read as follows: |
|
|
(b) Each law enforcement agency in this state shall adopt a |
|
|
detailed written policy on racial profiling. The policy must: |
|
|
(1) clearly define acts constituting racial |
|
|
profiling; |
|
|
(2) strictly prohibit peace officers employed by the |
|
|
agency from engaging in racial profiling; |
|
|
(3) implement a process by which an individual may |
|
|
file a complaint with the agency if the individual believes that a |
|
|
peace officer employed by the agency has engaged in racial |
|
|
profiling with respect to the individual; |
|
|
(4) provide public education relating to the agency's |
|
|
complaint process, including providing the information regarding |
|
|
the complaint process on each ticket, citation, or warning issued |
|
|
by a peace officer; |
|
|
(5) require appropriate corrective action to be taken |
|
|
against a peace officer employed by the agency who, after an |
|
|
investigation, is shown to have engaged in racial profiling in |
|
|
violation of the agency's policy adopted under this article; |
|
|
(6) require collection of information relating to all |
|
|
motor vehicle stops [in which a citation is issued and to arrests
|
|
|
made as a result of those stops], including information relating |
|
|
to: |
|
|
(A) the race or ethnicity of the individual |
|
|
detained; |
|
|
(B) whether a search was conducted [and, if so,
|
|
|
whether the individual detained consented to the search]; and |
|
|
(C) whether the peace officer knew the race or |
|
|
ethnicity of the individual detained before detaining that |
|
|
individual; [and] |
|
|
(D) whether the peace officer used physical force |
|
|
against anyone during the stop; and |
|
|
(7) require the chief administrator of the agency, |
|
|
regardless of whether the administrator is elected, employed, or |
|
|
appointed, to submit an annual report of the information collected |
|
|
under Subdivision (6) to: |
|
|
(A) the Texas Commission on Law Enforcement; and |
|
|
(B) the governing body of each county or |
|
|
municipality served by the agency, if the agency is an agency of a |
|
|
county, municipality, or other political subdivision of the state. |
|
|
(c) The data collected as a result of the reporting |
|
|
requirements of this article shall not constitute prima facie |
|
|
evidence of racial profiling but is admissible in a court of law as |
|
|
evidence of racial profiling. |
|
|
(e) A report required under Subsection (b)(7) may not |
|
|
include identifying information about a peace officer who makes a |
|
|
motor vehicle stop or about an individual who is stopped or arrested |
|
|
by a peace officer. This subsection does not affect the collection |
|
|
of information as required by a policy under Subsection (b)(6). |
|
|
(h) A law enforcement agency shall review the data collected |
|
|
under Subsection (b)(6) to determine whether the number of vehicles |
|
|
driven by a member of a particular race or ethnicity stopped by any |
|
|
peace officer employed by the agency is disproportionate to the |
|
|
population of that race or ethnicity in the county or municipality |
|
|
served by the agency. |
|
|
(i) If a law enforcement agency determines that the number |
|
|
of vehicles driven by a member of a particular race or ethnicity |
|
|
stopped by a peace officer is disproportionate, as described by |
|
|
Subsection (h), the agency shall conduct an investigation of the |
|
|
officer to determine whether the officer routinely stops vehicles |
|
|
the drivers of which are members of a particular racial or ethnic |
|
|
group for alleged violations of traffic laws or ordinances as a |
|
|
pretext for investigating violations of other penal laws. |
|
|
SECTION 5.03. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Articles 2.1321 and 2.1322 to read as follows: |
|
|
Art. 2.1321. RACIAL PROFILING INVESTIGATIONS. (a) The |
|
|
chief administrator of a law enforcement agency, regardless of |
|
|
whether the administrator is elected, employed, or appointed, shall |
|
|
annually review the data collected by the agency on racial |
|
|
profiling to determine if: |
|
|
(1) racial profiling is potentially occurring on an |
|
|
agency-wide level; or |
|
|
(2) an individual peace officer may be engaging in |
|
|
racial profiling. |
|
|
(b) On a finding by the chief administrator of potential |
|
|
racial profiling on an agency-wide basis or by an individual peace |
|
|
officer, the agency shall initiate an investigation into the |
|
|
potential racial profiling. |
|
|
(c) The chief administrator of each law enforcement agency |
|
|
shall annually certify to the Texas Commission on Law Enforcement |
|
|
that the chief administrator conducted the review required by |
|
|
Subsection (a). |
|
|
(d) On a finding by the Texas Commission on Law Enforcement |
|
|
that the chief administrator of a law enforcement agency |
|
|
intentionally failed to conduct a review required by Subsection |
|
|
(a), the commission shall begin disciplinary procedures against the |
|
|
chief administrator. |
|
|
Art. 2.1322. REQUIRED RACIAL PROFILING COUNSELING AND |
|
|
TRAINING FOR CERTAIN PEACE OFFICERS. (a) If an investigation |
|
|
initiated under Article 2.132 or 2.1321 results in a finding of |
|
|
racial profiling, the law enforcement agency shall provide |
|
|
appropriate counseling and training to any peace officer found to |
|
|
have engaged in racial profiling. |
|
|
(b) The counseling and training under Subsection (a) must: |
|
|
(1) emphasize understanding and respect for racial and |
|
|
cultural differences; |
|
|
(2) address racial and cultural biases; and |
|
|
(3) include effective, noncombative methods of |
|
|
carrying out law enforcement duties in a racially and culturally |
|
|
diverse environment. |
|
|
(c) If, after a peace officer completes the counseling and |
|
|
training under Subsection (a), the officer is again found to have |
|
|
engaged in racial profiling, the law enforcement agency shall: |
|
|
(1) suspend the officer for not less than six months; |
|
|
and |
|
|
(2) require the officer to repeat the counseling and |
|
|
training under Subsection (a). |
|
|
SECTION 5.04. Article 2.133, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
|
read as follows: |
|
|
(b) A peace officer who stops a motor vehicle for an alleged |
|
|
violation of a law or ordinance shall report to the law enforcement |
|
|
agency that employs the officer information relating to the stop, |
|
|
including: |
|
|
(1) a physical description of any person operating the |
|
|
motor vehicle who is detained as a result of the stop, including: |
|
|
(A) the person's gender; and |
|
|
(B) the person's race or ethnicity, as stated by |
|
|
the person or, if the person does not state the person's race or |
|
|
ethnicity, as determined by the officer to the best of the officer's |
|
|
ability; |
|
|
(2) the initial reason for the stop; |
|
|
(3) whether the officer conducted a search as a result |
|
|
of the stop [and, if so, whether the person detained consented to
|
|
|
the search]; |
|
|
(4) whether any contraband or other evidence was |
|
|
discovered in the course of the search and a description of the |
|
|
contraband or evidence; |
|
|
(5) the reason for the search, including whether: |
|
|
(A) any contraband or other evidence was in plain |
|
|
view; |
|
|
(B) any probable cause or reasonable suspicion |
|
|
existed to perform the search; or |
|
|
(C) the search was performed as a result of the |
|
|
towing of the motor vehicle or the arrest of any person in the motor |
|
|
vehicle; |
|
|
(6) whether the officer made an arrest as a result of |
|
|
the stop or the search, including a statement of whether the arrest |
|
|
was based on a violation of the Penal Code, a violation of a traffic |
|
|
law or ordinance, or an outstanding warrant and a statement of the |
|
|
offense charged; |
|
|
(7) the street address or approximate location of the |
|
|
stop; [and] |
|
|
(8) whether the officer issued a verbal or written |
|
|
warning or a citation as a result of the stop; and |
|
|
(9) whether the officer used physical force in |
|
|
conjunction with the arrest. |
|
|
(c) The chief administrator of a law enforcement agency, |
|
|
regardless of whether the administrator is elected, employed, or |
|
|
appointed, shall make periodic random and unannounced reviews of |
|
|
motor vehicle stops by peace officers employed by the agency to |
|
|
ensure that the race or ethnicity of the person operating the motor |
|
|
vehicle is being properly identified in the report under Subsection |
|
|
(b). |
|
|
SECTION 5.05. Articles 2.134(c), (d), and (f), Code of |
|
|
Criminal Procedure, are amended to read as follows: |
|
|
(c) A report required under Subsection (b) must be submitted |
|
|
by the chief administrator of the law enforcement agency, |
|
|
regardless of whether the administrator is elected, employed, or |
|
|
appointed, and must include: |
|
|
(1) a comparative analysis of the information compiled |
|
|
under Article 2.133 to: |
|
|
(A) evaluate and compare the number of motor |
|
|
vehicle stops, within the applicable jurisdiction, of persons who |
|
|
are recognized as racial or ethnic minorities and persons who are |
|
|
not recognized as racial or ethnic minorities; [and] |
|
|
(B) examine the disposition of motor vehicle |
|
|
stops made by officers employed by the agency, categorized |
|
|
according to the race or ethnicity of the affected persons, as |
|
|
appropriate, including any searches resulting from stops within the |
|
|
applicable jurisdiction; and |
|
|
(C) evaluate and compare the number of searches |
|
|
resulting from motor vehicle stops within the applicable |
|
|
jurisdiction and whether contraband or other evidence was |
|
|
discovered in the course of those searches; |
|
|
(2) information relating to each complaint filed with |
|
|
the agency alleging that a peace officer employed by the agency has |
|
|
engaged in racial profiling; and |
|
|
(3) information relating the number of investigations |
|
|
initiated under Article 2.1321, and the outcomes of the |
|
|
investigations. |
|
|
(d) A report required under Subsection (b) may not include |
|
|
identifying information about a peace officer who makes a motor |
|
|
vehicle stop or about an individual who is stopped or arrested by a |
|
|
peace officer. This subsection does not affect the reporting of |
|
|
information required under Article 2.133(b)(1). |
|
|
(f) The data collected as a result of the reporting |
|
|
requirements of this article shall not constitute prima facie |
|
|
evidence of racial profiling but is admissible in a court of law as |
|
|
evidence of racial profiling. |
|
|
SECTION 5.06. Article 2.137, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The |
|
|
Department of Public Safety shall adopt rules for providing funds |
|
|
or video and audio equipment to law enforcement agencies for the |
|
|
purposes [purpose] of providing counseling and training for peace |
|
|
officers to prevent racial profiling and installing video and audio |
|
|
equipment in law enforcement motor vehicles and motorcycles [as
|
|
|
described by Article 2.135(a)(1)(A)], including specifying |
|
|
criteria to prioritize funding or equipment provided to law |
|
|
enforcement agencies. The criteria may include consideration of |
|
|
tax effort, financial hardship, available revenue, and budget |
|
|
surpluses. The criteria must give priority to: |
|
|
(1) law enforcement agencies that employ peace |
|
|
officers whose primary duty is traffic enforcement; |
|
|
(2) smaller jurisdictions; and |
|
|
(3) municipal and county law enforcement agencies. |
|
|
(b) The Department of Public Safety shall collaborate with |
|
|
an institution of higher education to identify law enforcement |
|
|
agencies that need funds or video and audio equipment for the |
|
|
purposes [purpose] of providing counseling and training for peace |
|
|
officers to prevent racial profiling and installing video and audio |
|
|
equipment in law enforcement motor vehicles and motorcycles [as
|
|
|
described by Article 2.135(a)(1)(A)]. The collaboration may |
|
|
include the use of a survey to assist in developing criteria to |
|
|
prioritize funding or equipment provided to law enforcement |
|
|
agencies. |
|
|
(c) To receive funds or video and audio equipment from the |
|
|
state for the purposes [purpose] of providing counseling and |
|
|
training for peace officers to prevent racial profiling and |
|
|
installing video and audio equipment in law enforcement motor |
|
|
vehicles and motorcycles [as described by Article 2.135(a)(1)(A)], |
|
|
the governing body of a county or municipality, in conjunction with |
|
|
the law enforcement agency serving the county or municipality, |
|
|
shall certify to the Department of Public Safety that the law |
|
|
enforcement agency needs funds or video and audio equipment for |
|
|
those purposes [that purpose]. |
|
|
(d) On receipt of funds or video and audio equipment from |
|
|
the state for the purposes [purpose] of providing counseling and |
|
|
training for peace officers to prevent racial profiling and |
|
|
installing video and audio equipment in law enforcement motor |
|
|
vehicles and motorcycles [as described by Article 2.135(a)(1)(A)], |
|
|
the governing body of a county or municipality, in conjunction with |
|
|
the law enforcement agency serving the county or municipality, |
|
|
shall certify to the Department of Public Safety that the law |
|
|
enforcement agency has installed and is using video and audio |
|
|
equipment for those purposes [as described by Article
|
|
|
2.135(a)(1)(A) and is using the equipment as required by Article
|
|
|
2.135(a)(1)]. |
|
|
SECTION 5.07. Article 2.1385(a), Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(a) If the chief administrator of a local law enforcement |
|
|
agency intentionally fails to submit the incident-based data as |
|
|
required by Article 2.134, the agency is liable to the state for a |
|
|
civil penalty in the amount of $10,000 [$1,000] for each violation. |
|
|
The attorney general may sue to collect a civil penalty under this |
|
|
subsection. |
|
|
SECTION 5.08. Effective September 1, 2018, Chapter 2, Code |
|
|
of Criminal Procedure, is amended by adding Article 2.1386 to read |
|
|
as follows: |
|
|
Art. 2.1386. MOTOR VEHICLE STOP INVESTIGATIONS. (a) In |
|
|
this article, "law enforcement agency" and "motor vehicle stop" |
|
|
have the meanings assigned by Article 2.132(a). |
|
|
(b) Each law enforcement agency shall adopt and implement a |
|
|
detailed written policy regarding the administration of a motor |
|
|
vehicle stop investigation in accordance with this article, |
|
|
including the administrative penalties for violations of the |
|
|
policy. A law enforcement agency may adopt the model policy |
|
|
promulgated by the Bill Blackwood Law Enforcement Management |
|
|
Institute of Texas or the agency's own policy. |
|
|
(c) A peace officer may not: |
|
|
(1) conduct a roadside investigation during a motor |
|
|
vehicle stop for an offense other than the traffic violation |
|
|
without suspicion based on a preponderance of the evidence that the |
|
|
driver has committed the other offense; |
|
|
(2) continue a roadside investigation during a motor |
|
|
vehicle stop into an offense other than the traffic violation after |
|
|
the driver has refused to consent to be searched unless the peace |
|
|
officer has additional suspicion based on a preponderance of the |
|
|
evidence that the driver has committed the other offense; or |
|
|
(3) arrest a driver during a motor vehicle stop for a |
|
|
traffic violation to conduct a search incident to arrest unless the |
|
|
officer has probable cause to believe that the driver has committed |
|
|
an offense more serious than a Class C misdemeanor. |
|
|
(d) A peace officer who violates Subsection (c) shall be |
|
|
subject to an administrative penalty of not less than a one-day |
|
|
suspension. |
|
|
SECTION 5.09. Article 3.05, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 3.05. RACIAL PROFILING. (a) In this code, "racial |
|
|
profiling" means a law enforcement-initiated action based on an |
|
|
individual's race, ethnicity, or national origin rather than on the |
|
|
individual's behavior or on information identifying the individual |
|
|
as having engaged in criminal activity. |
|
|
(b) Racial profiling may be identified through the |
|
|
examination of sufficient and evidence-based data analysis. |
|
|
SECTION 5.10. Article 14.06, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) A peace officer who is charging a person, including a |
|
|
child, with committing an offense that is a [Class C] misdemeanor |
|
|
punishable by a fine only, other than an offense under Section |
|
|
49.02, Penal Code, or an offense under Chapter 106, Alcoholic |
|
|
Beverage Code, shall [may], instead of taking the person before a |
|
|
magistrate, issue a citation to the person that contains written |
|
|
notice of the time and place the person must appear before a |
|
|
magistrate, the name and address of the person charged, the offense |
|
|
charged, and the following admonishment, in boldfaced or underlined |
|
|
type or in capital letters: |
|
|
"If you are convicted of a misdemeanor offense involving |
|
|
violence where you are or were a spouse, intimate partner, parent, |
|
|
or guardian of the victim or are or were involved in another, |
|
|
similar relationship with the victim, it may be unlawful for you to |
|
|
possess or purchase a firearm, including a handgun or long gun, or |
|
|
ammunition, pursuant to federal law under 18 U.S.C. Section |
|
|
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any |
|
|
questions whether these laws make it illegal for you to possess or |
|
|
purchase a firearm, you should consult an attorney." |
|
|
(b-1) A peace officer who is charging a person, including a |
|
|
child, with committing an offense that is a misdemeanor punishable |
|
|
by a fine only under Chapter 106, Alcoholic Beverage Code, may, |
|
|
instead of taking the person before a magistrate, issue to the |
|
|
person a citation that contains written notice of the time and place |
|
|
the person must appear before a magistrate, the name and address of |
|
|
the person charged, and the offense charged. |
|
|
SECTION 5.11. Section 543.004(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) An officer shall issue a written notice to appear if: |
|
|
(1) the offense charged is [speeding or] a misdemeanor |
|
|
under this subtitle that is punishable by a fine only [violation of
|
|
|
the open container law, Section 49.03, Penal Code]; and |
|
|
(2) the person makes a written promise to appear in |
|
|
court as provided by Section 543.005. |
|
|
SECTION 5.12. Effective January 1, 2018, Subchapter A, |
|
|
Chapter 543, Transportation Code, is amended by adding Section |
|
|
543.0045 to read as follows: |
|
|
Sec. 543.0045. NOTIFICATION REQUIRED DURING TRAFFIC STOP. |
|
|
(a) An officer who stops a motor vehicle as a result of a person's |
|
|
alleged commission of a misdemeanor under this subtitle that is |
|
|
punishable by a fine only shall promptly notify the person that: |
|
|
(1) the alleged offense is a misdemeanor under this |
|
|
subtitle that is punishable by a fine only; and |
|
|
(2) the officer may not arrest a person solely on the |
|
|
basis of that offense. |
|
|
(b) The Texas Commission on Law Enforcement by rule shall |
|
|
specify the language that is required to be included in the |
|
|
notification described by Subsection (a). |
|
|
SECTION 5.13. The following provisions of the Code of |
|
|
Criminal Procedure are repealed: |
|
|
(1) Article 2.135. |
|
|
SECTION 5.14. Article 2.13(d), Code of Criminal Procedure, |
|
|
as added by this article, applies only to a motor vehicle stop or |
|
|
search that occurs on or after the effective date of this Act. |
|
|
SECTION 5.15. Articles 2.132 and 2.134, Code of Criminal |
|
|
Procedure, as amended by this article, apply only to a report |
|
|
covering a calendar year beginning on or after January 1, 2018. |
|
|
SECTION 5.16. Articles 2.132(h) and (i), 2.1321, and |
|
|
2.1322, Code of Criminal Procedure, as added by this article, apply |
|
|
to an investigation that occurs on or after the effective date of |
|
|
this Act, regardless of whether the potential racial profiling |
|
|
occurred before, on, or after that date. |
|
|
SECTION 5.17. Not later than September 1, 2018, the Texas |
|
|
Commission on Law Enforcement shall evaluate and change the |
|
|
guidelines for compiling and reporting information required under |
|
|
Article 2.134, Code of Criminal Procedure, as amended by this |
|
|
article, to withstand academic scrutiny. |
|
|
SECTION 5.18. (a) Not later than December 31, 2017, the |
|
|
Bill Blackwood Law Enforcement Management Institute of Texas, in |
|
|
consultation with large, medium, and small law enforcement |
|
|
agencies, law enforcement associations, and community |
|
|
organizations engaged in the development of law enforcement policy |
|
|
on behalf of the public, shall develop, adopt, and disseminate to |
|
|
all law enforcement agencies in this state a model policy and |
|
|
associated training materials for conducting a motor vehicle stop, |
|
|
in accordance with Article 2.1386, Code of Criminal Procedure, as |
|
|
added by this article. |
|
|
(b) Not later than September 1, 2018, each law enforcement |
|
|
agency of this state shall adopt the policy required by Article |
|
|
2.1386, Code of Criminal Procedure, as added by this article, if |
|
|
applicable. |
|
|
SECTION 5.19. Not later than December 1, 2017, the Texas |
|
|
Commission on Law Enforcement shall adopt the rules required by |
|
|
Section 543.0045(b), Transportation Code, as added by this article. |
|
|
SECTION 5.20. The changes in law made by this article apply |
|
|
only to an offense committed on or after the effective date of this |
|
|
Act. An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this article if any element of the offense |
|
|
occurred before that date. |
|
|
ARTICLE 6. DISCIPLINARY PROCEDURES FOR PEACE OFFICERS. |
|
|
SECTION 6.01. Effective September 1, 2018, the heading to |
|
|
Subchapter B, Chapter 614, Government Code, is amended to read as |
|
|
follows: |
|
|
SUBCHAPTER B. COMPLAINT AGAINST PEACE [LAW ENFORCEMENT] OFFICER OR |
|
|
FIRE FIGHTER |
|
|
SECTION 6.02. Effective September 1, 2018, Section 614.021, |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 614.021. APPLICABILITY OF SUBCHAPTER. (a) Except as |
|
|
provided by Subsection (b), this subchapter applies only to a |
|
|
complaint against: |
|
|
(1) [a law enforcement officer of the State of Texas,
|
|
|
including an officer of the Department of Public Safety or of the
|
|
|
Texas Alcoholic Beverage Commission;
|
|
|
[(2)] a fire fighter who is employed by this state or a |
|
|
political subdivision of this state; |
|
|
(2) [(3)] a peace officer under Article 2.12, Code of |
|
|
Criminal Procedure, or other law who is appointed or employed by the |
|
|
State of Texas or a political subdivision of this state, including a |
|
|
political subdivision that is covered by a meet and confer or |
|
|
collective bargaining agreement under Chapter 142, 143, or 174, |
|
|
Local Government Code; or |
|
|
(3) [(4)] a detention officer or county jailer who is |
|
|
appointed or employed by a political subdivision of this state. |
|
|
(b) This subchapter does not apply to a [peace officer or] |
|
|
fire fighter [appointed or] employed by a political subdivision |
|
|
that is covered by a meet and confer or collective bargaining |
|
|
agreement under Chapter 143 or 174, Local Government Code, if that |
|
|
agreement includes provisions relating to the investigation of, and |
|
|
disciplinary action resulting from, a complaint against a [peace
|
|
|
officer or] fire fighter[, as applicable]. This subchapter does not |
|
|
alter an at-will employment relationship between the employee and |
|
|
the political subdivision. |
|
|
SECTION 6.03. Effective September 1, 2018, Section 614.022, |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 614.022. CERTAIN COMPLAINTS [COMPLAINT] TO BE IN |
|
|
WRITING AND SIGNED BY COMPLAINANT. To be considered by [the head of
|
|
|
a state agency or by] the head of a fire department or local law |
|
|
enforcement agency, a [the] complaint filed by a member of the |
|
|
public against a fire fighter, detention officer, or county jailer |
|
|
must be: |
|
|
(1) in writing; and |
|
|
(2) signed by the person making the complaint. |
|
|
SECTION 6.04. Effective September 1, 2018, Subchapter B, |
|
|
Chapter 614, Government Code, is amended by adding Sections |
|
|
614.0225, 614.0226, and 614.0227 to read as follows: |
|
|
Sec. 614.0225. STANDARD PROCEDURES FOR COMPLAINT AGAINST |
|
|
PEACE OFFICER BY A MEMBER OF THE PUBLIC. (a) Each law enforcement |
|
|
agency shall adopt and implement standard procedures for processing |
|
|
a complaint filed by a member of the public including members of the |
|
|
public who are incarcerated, against a peace officer in accordance |
|
|
with this subchapter. A law enforcement agency may adopt the model |
|
|
standard procedures promulgated by the Bill Blackwood Law |
|
|
Enforcement Management Institute of Texas or the agency's own |
|
|
procedures. |
|
|
(b) A law enforcement agency shall facilitate the filing of |
|
|
a written complaint against a peace officer by a member of the |
|
|
public by providing a means to complain in person, by mail, by |
|
|
e-mail, by telephone, and on the agency's Internet website. |
|
|
(c) A law enforcement agency shall facilitate the filing of |
|
|
a complaint by a member of the public against a peace officer by |
|
|
providing a means of a friend or family member to file on the behalf |
|
|
of the victim. |
|
|
Sec. 614.0226. REQUIREMENTS FOR COMPLAINT FILED BY A MEMBER |
|
|
OF THE PUBLIC AGAINST PEACE OFFICER. A complaint filed by a member |
|
|
of the public against a peace officer must include: |
|
|
(1) the name and the telephone number or e-mail |
|
|
address of the person filing the complaint; |
|
|
(2) the location of the interaction with the peace |
|
|
officer; and |
|
|
(3) a description of the basis for the complaint. |
|
|
Sec. 614.0227. REQUIREMENTS FOR CITATION. A citation |
|
|
issued by a peace officer must include the e-mail address, |
|
|
telephone number, Internet address, and physical location where a |
|
|
complaint can be filed by a member of the public against the peace |
|
|
officer and basic instructions for filing the complaint. |
|
|
SECTION 6.05. Effective September 1, 2018, Section 614.023, |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 614.023. COPY OF COMPLAINT TO BE GIVEN TO FIRE FIGHTER, |
|
|
DETENTION OFFICER, OR COUNTY JAILER [OFFICER OR EMPLOYEE]. (a) A |
|
|
copy of a signed complaint filed by a member of the public against |
|
|
[a law enforcement officer of this state or] a fire fighter, |
|
|
detention officer, or county jailer[, or peace officer appointed or
|
|
|
employed by a political subdivision of this state] shall be given to |
|
|
the [officer or] employee within a reasonable time after the |
|
|
complaint is filed. |
|
|
(b) Disciplinary action may not be taken against the |
|
|
[officer or] employee unless a copy of the signed complaint is given |
|
|
to the [officer or] employee. |
|
|
(c) In addition to the requirement of Subsection (b), the |
|
|
[officer or] employee may not be indefinitely suspended or |
|
|
terminated from employment based on the subject matter of the |
|
|
complaint filed by a member of the public unless: |
|
|
(1) the complaint is investigated; and |
|
|
(2) there is evidence to prove the allegation of |
|
|
misconduct. |
|
|
SECTION 6.06. Effective September 1, 2018, Subchapter B, |
|
|
Chapter 614, Government Code, is amended by adding Sections |
|
|
614.024, 614.025, 614.026, and 614.027 to read as follows: |
|
|
Sec. 614.024. COPY OF COMPLAINT FILED BY A MEMBER OF THE |
|
|
PUBLIC TO BE GIVEN TO PEACE OFFICER. (a) A copy of a complaint |
|
|
filed by a member of the public against a peace officer shall be |
|
|
given to the peace officer within a reasonable time after the |
|
|
complaint is filed. |
|
|
(b) Disciplinary action may not be taken against the peace |
|
|
officer unless a copy of the complaint is given to the peace |
|
|
officer. |
|
|
(c) In addition to the requirement of Subsection (b), the |
|
|
peace officer may not be indefinitely suspended or terminated from |
|
|
employment based on the subject matter of the complaint unless: |
|
|
(1) the complaint is investigated; and |
|
|
(2) the evidence proves the allegation of misconduct. |
|
|
(d) This subchapter does not alter anthe at-will employment |
|
|
relationship between the peace officer and the law enforcement |
|
|
agency. |
|
|
Sec. 614.025. INVESTIGATION OF COMPLAINT FILED BY A MEMBER |
|
|
OF THE PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency |
|
|
shall investigate each complaint filed by a member of the public |
|
|
against a peace officer and review the available evidence related |
|
|
to the complaint, including any audio or video recording and any |
|
|
report filed by the peace officer. |
|
|
(b) A law enforcement agency shall give a copy of any audio |
|
|
or video evidence related to a complaint against a peace officer to |
|
|
the complainant on request. This section does not prevent a law |
|
|
enforcement agency from asserting that any confidential material is |
|
|
exempt from disclosure under Sections 552.103, 552.107,or 552.108 |
|
|
of the Texas Government Code or under any other basis permitted by |
|
|
law. |
|
|
(c) If the law enforcement agency determines that there is a |
|
|
basis for further investigation into a possible violation by a |
|
|
peace officer, the agency shall notify the peace officer and the |
|
|
complainant that further investigation will be conducted. |
|
|
(d) If the preliminary review of the evidence clearly |
|
|
indicates that there is no basis, in law or policy, for the |
|
|
complaint filed by a member of the public, the law enforcement |
|
|
agency shall notify the peace officer and the complainant that the |
|
|
complaint is without merit. |
|
|
(e) An investigation must be completed not later than the |
|
|
180th day after the date a complaint is filed. The law enforcement |
|
|
agency shall provide the complainant an update on the progress of |
|
|
the investigation at least once every two months during that |
|
|
period. |
|
|
Sec. 614.026. APPEAL OF COMPLAINT FILED BY A MEMBER OF THE |
|
|
PUBLIC AGAINST PEACE OFFICER. (a) A law enforcement agency shall |
|
|
adopt and implement procedures for the appeal by a complainant of a |
|
|
decision to dismiss a complaint filed by a member of the public by |
|
|
the complainant, against a peace officer because the complaint is |
|
|
determined to be without merit. The procedures must allow the |
|
|
complainant to provide the agency additional evidence relating to |
|
|
the complaint, including witness statements. |
|
|
(b) A peace officer may appeal a decision relating to a |
|
|
complaint filed by a member of the public against the peace officer |
|
|
under the procedures established under applicable law, including |
|
|
under a meet and confer agreement, a collective bargaining |
|
|
agreement, or Chapter 142, 143, or 174, Local Government Code. |
|
|
Sec. 614.027. DATA RELATING TO COMPLAINTS FILED BY MEMBERS |
|
|
OF THE PUBLIC AGAINST PEACE OFFICERS. (a) A law enforcement agency |
|
|
shall provide data relating to complaints filed by members of the |
|
|
public against peace officers of the agency, including the outcome |
|
|
of each complaint, to the Institute for Urban Policy Research & |
|
|
Analysis at The University of Texas at Austin. |
|
|
(b) A law enforcement agency shall adopt the model standard |
|
|
procedures promulgated by the Bill Blackwood Law Enforcement |
|
|
Management Institute of Texas or the agency's own procedures to |
|
|
implement this section. |
|
|
SECTION 6.07. Section 142.067, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
|
|
(a) Except as provided by Subsection (b), a [A] written meet and |
|
|
confer agreement ratified under this subchapter preempts, during |
|
|
the term of the agreement and to the extent of any conflict, all |
|
|
contrary state statutes, local ordinances, executive orders, civil |
|
|
service provisions, or rules adopted by the head of the law |
|
|
enforcement agency or municipality or by a division or agent of the |
|
|
municipality, such as a personnel board or a civil service |
|
|
commission. |
|
|
(b) An agreement under this subchapter may not conflict with |
|
|
and does not supersede Subchapter B, Chapter 614, Government Code, |
|
|
or Article 2.1386, Code of Criminal Procedure. |
|
|
SECTION 6.08. Section 143.307, Local Government Code, is |
|
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
|
(d) to read as follows: |
|
|
(a) Except as provided by Subsection (d), an [An] agreement |
|
|
under this subchapter supersedes a previous statute concerning |
|
|
wages, salaries, rates of pay, hours of work, or other terms and |
|
|
conditions of employment to the extent of any conflict with the |
|
|
statute. |
|
|
(b) Except as provided by Subsection (d), an [An] agreement |
|
|
under this subchapter preempts any contrary statute, executive |
|
|
order, local ordinance, or rule adopted by the state or a political |
|
|
subdivision or agent of the state, including a personnel board, a |
|
|
civil service commission, or a home-rule municipality. |
|
|
(d) An agreement under this subchapter affecting police |
|
|
officers may not conflict with and does not supersede Subchapter B, |
|
|
Chapter 614, Government Code, or Article 2.1386, Code of Criminal |
|
|
Procedure. |
|
|
SECTION 6.09. Section 143.361, Local Government Code, is |
|
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
|
(d) to read as follows: |
|
|
(a) Except as provided by Subsection (d), a [A] written |
|
|
agreement ratified under this subchapter between a public employer |
|
|
and the bargaining agent supersedes a previous statute concerning |
|
|
wages, salaries, rates of pay, hours of work, and other terms of |
|
|
employment other than pension benefits to the extent of any |
|
|
conflict with the previous statute. |
|
|
(b) Except as provided by Subsection (d), a [A] written |
|
|
agreement ratified under this subchapter preempts all contrary |
|
|
local ordinances, executive orders, legislation, or rules adopted |
|
|
by the state or a political subdivision or agent of the state, such |
|
|
as a personnel board, a civil service commission, or a home-rule |
|
|
municipality. |
|
|
(d) An agreement under this subchapter may not conflict with |
|
|
and does not supersede Subchapter B, Chapter 614, Government Code, |
|
|
or Article 2.1386, Code of Criminal Procedure. |
|
|
SECTION 6.10. Section 174.005, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as |
|
|
provided by Subsection (b), this [This] chapter preempts all |
|
|
contrary local ordinances, executive orders, legislation, or rules |
|
|
adopted by the state or by a political subdivision or agent of the |
|
|
state, including a personnel board, civil service commission, or |
|
|
home-rule municipality. |
|
|
(b) This chapter does not authorize the adoption or |
|
|
implementation of an agreement that conflicts with Subchapter B, |
|
|
Chapter 614, Government Code, or Article 2.1386, Code of Criminal |
|
|
Procedure. |
|
|
SECTION 6.11. Sections 142.067(b), 143.307(d), 143.361(d), |
|
|
and 174.005(b), Local Government Code, as added by this article, |
|
|
apply only to an agreement entered into or renewed on or after |
|
|
September 1, 2018. An agreement entered into or renewed before |
|
|
September 1, 2018, is governed by the law in effect on the date the |
|
|
agreement was entered into or renewed, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 6.12. (a) Not later than December 31, 2017, the |
|
|
Bill Blackwood Law Enforcement Management Institute of Texas, in |
|
|
consultation with large, medium, and small law enforcement |
|
|
agencies, law enforcement associations, and community |
|
|
organizations engaged in the development of law enforcement policy |
|
|
on behalf of the public, shall develop, adopt, and disseminate to |
|
|
all law enforcement agencies in this state: |
|
|
(1) the model standard procedures for a law |
|
|
enforcement agency to process a complaint filed by a member of the |
|
|
public against a peace officer, in accordance with Subchapter B, |
|
|
Chapter 614, Government Code, as amended by this article; and |
|
|
(2) the model standard procedures for a law |
|
|
enforcement agency to report data relating to complaints against |
|
|
peace officers by members of the public to the Institute for Urban |
|
|
Policy Research & Analysis at The University of Texas at Austin, |
|
|
under Section 614.027, Government Code, as added by this article. |
|
|
(b) Not later than September 1, 2018, each law enforcement |
|
|
agency of this state shall adopt the procedures required by |
|
|
Subchapter B, Chapter 614, Government Code, as amended by this |
|
|
article. |
|
|
ARTICLE 7. INDEPENDENT OMBUDSMAN |
|
|
SECTION 7.01. Section 261.001, Human Resources Code, is |
|
|
amended by adding Subsection (3) and (4) to read as follows: |
|
|
Sec. 261.001. DEFINITIONS. In this chapter: |
|
|
(1) "Independent ombudsman" means the individual who |
|
|
has been appointed under this chapter to the office of independent |
|
|
ombudsman. |
|
|
(2) "Office" means the office of independent ombudsman |
|
|
created under this chapter. |
|
|
(3) "Department" means the Texas Juvenile Justice |
|
|
Department. |
|
|
(4) "County jail" means a facility operated or |
|
|
contracted by a county for the confinement of persons accused or |
|
|
convicted an offense. |
|
|
SECTION 7.02. Section 261.002, Human Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 261.002. ESTABLISHMENT; PURPOSE. The office of |
|
|
independent ombudsman is a state agency established for the purpose |
|
|
of investigating, evaluating, and securing the rights of the |
|
|
children committed to the department, including a child released |
|
|
under supervision before final discharge, and adults confined in |
|
|
county jails. |
|
|
SECTION 7.03. Section 261.056, Human Resources Code, is |
|
|
amended by amending subsection (a) to read as follows: |
|
|
Sec. 261.056. COMMUNICATION AND CONFIDENTIALITY. (a) The |
|
|
department shall allow any child committed to the department, and |
|
|
the Sheriff shall allow any adult confined in a county jail to |
|
|
communicate with the independent ombudsman or an assistant to the |
|
|
ombudsman. The communication: |
|
|
(1) may be in person, by mail, or by any other means; |
|
|
and |
|
|
(2) is confidential and privileged. |
|
|
SECTION 7.04. Section 261.057, Human Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 261.057. PROMOTION OF AWARENESS OF OFFICE. The |
|
|
independent ombudsman shall promote awareness among the public and |
|
|
the children committed to the department, and among persons |
|
|
confined in county jails of: |
|
|
(1) how the office may be contacted; |
|
|
(2) the purpose of the office; and |
|
|
(3) the services the office provides. |
|
|
SECTION 7.05. Section 261.058, Human Resources Code, is |
|
|
amended by amending subsection (b) to read as follows: |
|
|
(b) The office and the board shall adopt rules necessary to |
|
|
implement Section 261.060, including rules that establish |
|
|
procedures for the department and county jails to review and |
|
|
comment on reports of the office and for the department and county |
|
|
jails to expedite or eliminate review of and comment on a report |
|
|
due to an emergency or a serious or flagrant circumstance described |
|
|
by Section 261.055(b). |
|
|
SECTION 7.06. Section 261.101, Human Resources Code, is |
|
|
amended by amending subsection (a) to read as follows: |
|
|
Sec. 261.101. DUTIES AND POWERS. (a) The independent |
|
|
ombudsman shall: |
|
|
(1) review the procedures established by the board and |
|
|
evaluate the delivery of services to children to ensure that the |
|
|
rights of children are fully observed; |
|
|
(1-a) evaluate the delivery of services adults in |
|
|
county jails to ensure that the rights of adults in county jails are |
|
|
fully observed; |
|
|
(2) review complaints filed with the independent |
|
|
ombudsman concerning the actions of the department and investigate |
|
|
each complaint in which it appears that a [child] person may be in |
|
|
need of assistance from the independent ombudsman; |
|
|
(3) conduct investigations of complaints, other than |
|
|
complaints alleging criminal behavior, if the office determines |
|
|
that: |
|
|
(A) a child committed to the department, an adult |
|
|
in county jail, or the child's family may be in need of assistance |
|
|
from the office; or |
|
|
(B) a systemic issue in the department's or a |
|
|
county jail's provision of services is raised by a complaint; |
|
|
(4) review or inspect periodically the facilities and |
|
|
procedures of any institution or residence in which a child has been |
|
|
placed by the department, and the facilities and procedures of any |
|
|
county jail in which a person is confined, whether public or |
|
|
private, to ensure that the rights of children and the health and |
|
|
safety of persons confined in county jails are fully [observed] |
|
|
protected; |
|
|
(5) provide assistance to a confined person, child or |
|
|
family who the independent ombudsman determines is in need of |
|
|
assistance, including advocating with an agency, provider, or other |
|
|
person in the best interests of the child or confined person; |
|
|
(6) review court orders as necessary to fulfill its |
|
|
duties; |
|
|
(7) recommend changes in any procedure relating to the |
|
|
treatment of children committed to the department, and adults in |
|
|
county jails; |
|
|
(8) make appropriate referrals under any of the duties |
|
|
and powers listed in this subsection; |
|
|
(9) supervise assistants who are serving as advocates |
|
|
in their representation of children committed to the department in |
|
|
internal administrative and disciplinary hearings; |
|
|
(10) review reports received by the department |
|
|
relating to complaints regarding juvenile probation programs, |
|
|
services, or facilities and analyze the data contained in the |
|
|
reports to identify trends in complaints; |
|
|
(11) report a possible standards violation by a local |
|
|
juvenile probation department to the appropriate division of the |
|
|
department or a possible standards violation by a county jail to the |
|
|
Commission on Jail Standards; [and] |
|
|
(12) immediately report the findings of any |
|
|
investigation related to the operation of a post-adjudication |
|
|
correctional facility in a county to the chief juvenile probation |
|
|
officer and the juvenile board of the county[.]; and |
|
|
(13) immediately report the substantiated findings of |
|
|
any investigation related to the health or safety of a person |
|
|
confined in a county jail to the Sheriff and Commissioners Court of |
|
|
the county. |
|
|
SECTION 7.07. Section 261.104, Human Resources Code, is |
|
|
amended by adding subsection (c) to read as follows: |
|
|
c) The office and the Commission on Jail Standards shall |
|
|
enter into a memorandum of understanding concerning: |
|
|
(1) the most efficient manner in which to share |
|
|
information with one another; and |
|
|
(2) opportunities for collaboration between the |
|
|
office and the Commission on Jail Standards. |
|
|
SECTION 7.08. Section 261.151, Human Resources Code, is |
|
|
amended by amending subsection (c) to read as follows: |
|
|
(c) A local law enforcement agency shall allow the |
|
|
independent ombudsman access to its records relating to any child |
|
|
in the care or custody of the department or to any records relating |
|
|
to a person confined in a county jail. |
|
|
SECTION 7.09. Section 261.152, Human Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 261.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. |
|
|
The independent ombudsman shall have access to the records of a |
|
|
private entity that relate to a child committed to the department or |
|
|
to a person confined in a county jail. |
|
|
ARTICLE 8. EFFECTIVE DATE |
|
|
SECTION 8.01. Except as otherwise provided by this Act, |
|
|
this Act takes effect September 1, 2017. |