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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of deaths involving peace officers. |
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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 2.023 to read as follows: |
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Art. 2.023. REVIEW OF OFFICER-INVOLVED DEATHS. (a) In this |
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article: |
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(1) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(2) "Law enforcement review board" means the board |
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established under Section 402.038, Government Code. |
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(3) "Officer-involved death" means any death caused by |
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a peace officer acting under the authority of the state or a |
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political subdivision of the state. |
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(b) Each law enforcement agency shall adopt a written policy |
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detailing the procedure for investigating officer-involved deaths. |
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The policy must require: |
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(1) a team of three investigators to investigate the |
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officer-involved death, two of whom must be employed by a law |
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enforcement agency that does not employ a peace officer involved in |
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the death being investigated; and |
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(2) if the death being investigated is traffic |
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related, the use of a crash reconstruction unit from a law |
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enforcement agency that does not employ a peace officer involved in |
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the death being investigated. |
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(c) A law enforcement agency may conduct an internal |
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investigation into an officer-involved death if the internal |
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investigation does not interfere with the investigation required |
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under Subsection (b) or (e). |
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(d) The investigative team established under Subsection (b) |
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shall submit a report to the law enforcement review board on the |
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officer-involved death on conclusion of the team's investigation. |
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(e) As soon as practicable after receiving the |
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investigative team's report, the law enforcement review board shall |
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review the report and conduct or direct the team to conduct |
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additional investigations as necessary. When the review is |
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completed, the board may make recommendations as follows: |
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(1) regarding prosecution, to the prosecutor with |
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felony jurisdiction in the county in which the death occurred; and |
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(2) regarding disciplinary measures, to: |
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(A) the chief administrator of the law |
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enforcement agency that employs the peace officer involved in the |
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death being investigated; and |
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(B) the Texas Commission on Law Enforcement. |
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(f) Not later than 72 hours after the law enforcement review |
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board's review is completed, the office of the attorney general |
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shall post the investigative team's report and the board's |
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recommendations on the office's Internet website, redacting any |
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information required to be kept confidential by other law. |
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SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.038 to read as follows: |
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Sec. 402.038. LAW ENFORCEMENT REVIEW BOARD. (a) In this |
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section, "board" means the law enforcement review board established |
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under this section. |
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(b) The law enforcement review board is established to |
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investigate and review each death caused by a peace officer acting |
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under the authority of the state or a political subdivision of the |
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state, as required by Article 2.023, Code of Criminal Procedure. |
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(c) The office of the attorney general shall provide staff, |
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a main office, and other support necessary for the board to perform |
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the board's duties under this section. |
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(d) The board is composed of the following members appointed |
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by the governor: |
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(1) an assistant attorney general; |
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(2) a retired judge as defined by Section 74.041; |
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(3) a former district attorney or assistant district |
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attorney with at least 10 years' experience in that capacity; |
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(4) a former sheriff, chief deputy sheriff, or chief |
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of police; and |
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(5) a professor or researcher affiliated with a state |
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institution of higher education who has expertise in the field of |
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criminal law or criminal justice. |
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(e) Members of the board serve staggered terms of six years |
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with the terms of one or two members expiring February 1 of each |
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odd-numbered year. A vacancy on the board is filled in the same |
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manner as the original appointment. |
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(f) Members of the board serve without compensation but are |
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entitled to be reimbursed for reasonable and necessary expenses |
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incurred in performing official duties. |
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(g) The board shall adopt rules as necessary to implement |
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this section. |
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SECTION 3. (a) Not later than December 1, 2015, the |
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governor shall make the appointments to the law enforcement review |
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board as required by Section 402.038, Government Code, as added by |
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this Act. In appointing the initial members of the board, the |
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governor shall appoint one member to a term expiring February 1, |
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2017, two to terms expiring February 1, 2019, and two to terms |
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expiring February 1, 2021. |
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(b) Not later than January 1, 2016, each law enforcement |
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agency shall comply with the requirements under Article 2.023, Code |
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of Criminal Procedure, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |