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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements for an injury or death caused by |
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a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.139 to read as follows: |
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Art. 2.139. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES |
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OR DEATHS. (a) In this article: |
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(1) "Bodily injury" and "serious bodily injury" have |
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the meanings assigned by Section 1.07, Penal Code. |
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(2) "Officer-involved injury or death" means an |
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incident during which a peace officer: |
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(A) discharges the officer's firearm causing |
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bodily injury or death to another; or |
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(B) is otherwise directly responsible for |
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serious bodily injury to another or for the death of another. |
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(b) The office of the attorney general shall by rule create |
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a written and electronic form for the reporting by law enforcement |
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agencies of officer-involved injury or death. The form must include |
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a space to report: |
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(1) the badge number, age, ethnicity, and gender of |
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each peace officer involved in the incident; |
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(2) the age, ethnicity, and gender of each injured or |
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deceased person; |
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(3) the number of shots fired by a peace officer, if |
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any; |
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(4) if an injured person dies as a result of the |
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incident, the cause of death of the person; and |
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(5) the location of the incident. |
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(c) Within 72 hours of an officer-involved injury or death, |
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the law enforcement agency employing the officer involved must |
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complete and submit a written or electronic report, using the form |
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created under Subsection (b), to the office of the attorney |
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general. A submitted report must include all information described |
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in Subsection (b). |
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(d) Each law enforcement agency shall conduct an internal |
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investigation into an officer-involved injury or death involving a |
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peace officer employed by the agency. Not later than 72 hours after |
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concluding the investigation, the law enforcement agency shall |
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submit to the office of the attorney general: |
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(1) a copy of the agency's file on the officer-involved |
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injury or death; or |
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(2) a summary of the agency's findings on the |
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investigation. |
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(e) A law enforcement agency shall submit a copy of the |
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agency's file on an officer-involved injury or death to the office |
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of the attorney general on request from the office. |
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(f) Not later than five days after receipt of a report |
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submitted under Subsection (c), the office of the attorney general |
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shall post to the office's Internet website: |
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(1) a copy of the report; and |
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(2) from the information submitted under Subsection |
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(d), a summary of a law enforcement agency's findings on an |
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investigation into an officer-involved injury or death. |
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(g) Not later than January 1 of each year, the office of the |
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attorney general shall submit a report regarding all |
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officer-involved injuries or deaths that occurred the previous year |
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to the governor and the standing legislative committees with |
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primary jurisdiction over criminal justice matters. The report must |
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include: |
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(1) the total number of officer-involved injuries or |
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deaths; |
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(2) a summary of the reports submitted to the office |
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under this article; and |
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(3) a copy of each report submitted to the office under |
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this article. |
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SECTION 2. Not later than August 1, 2015, the office of the |
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attorney general shall create the reporting form required under |
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Article 2.139, Code of Criminal Procedure, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |