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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements for certain injuries or deaths |
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caused by peace officers and for certain injuries or deaths of peace |
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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 Articles 2.139 and 2.1395 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) "Deadly weapon" means: |
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(A) a firearm or any object manifestly designed, |
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made, or adapted for the purpose of inflicting death or serious |
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bodily injury; or |
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(B) any object that in the manner of its use or |
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intended use is capable of causing death or serious bodily injury. |
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(2) "Officer-involved injury or death" means an |
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incident during which a peace officer discharges a firearm causing |
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injury or death to another. |
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(b) The office of the attorney general by rule shall create |
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a written and electronic form for the reporting by law enforcement |
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agencies of an officer-involved injury or death. The form must |
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include spaces to report only the following information: |
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(1) the date on which the incident occurred; |
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(2) the location where the incident occurred; |
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(3) the age, gender, and race or ethnicity of each |
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peace officer involved in the incident; |
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(4) if known, the age, gender, and race or ethnicity of |
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each injured or deceased person involved in the incident; |
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(5) whether the person was injured or died as a result |
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of the incident; |
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(6) whether each injured or deceased person used, |
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exhibited, or was carrying a deadly weapon during the incident; |
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(7) whether each peace officer involved in the |
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incident was on duty during the incident; |
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(8) whether each peace officer involved in the |
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incident was responding to an emergency call or a request for |
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assistance and, if so, whether the officer responded to that call or |
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request with one or more other peace officers; and |
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(9) whether the incident occurred during or as a |
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result of: |
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(A) the execution of a warrant; or |
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(B) a hostage, barricade, or other emergency |
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situation. |
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(c) Not later than the 30th day after the date of an |
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officer-involved injury or death, the law enforcement agency |
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employing an officer involved in the incident must complete and |
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submit a written or electronic report, using the form created under |
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Subsection (b), to the office of the attorney general and, if the |
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agency maintains an Internet website, post a copy of the report on |
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the agency's website. The report must include all information |
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described in Subsection (b). |
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(d) Not later than the fifth day after the date of receipt of |
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a report submitted under Subsection (c), the office of the attorney |
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general shall post a copy of the report on the office's Internet |
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website. |
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(e) Not later than February 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 during the |
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preceding year to the governor and the standing legislative |
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committees with primary jurisdiction over criminal justice |
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matters. The report must 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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Art. 2.1395. REPORTS REQUIRED FOR CERTAIN INJURIES OR |
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DEATHS OF PEACE OFFICERS. (a) The office of the attorney general |
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by rule shall create a written and electronic form for the reporting |
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by law enforcement agencies of incidents in which, while a peace |
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officer is performing an official duty, a person who is not a peace |
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officer discharges a firearm and causes injury or death to the |
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officer. The form must include spaces to report only the following |
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information: |
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(1) the date on which the incident occurred; |
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(2) the location where the incident occurred; |
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(3) the age, gender, and race or ethnicity of each |
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injured or deceased peace officer involved in the incident; |
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(4) if known, the age, gender, and race or ethnicity of |
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each person who discharged a firearm and caused injury or death to a |
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peace officer involved in the incident; and |
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(5) whether the officer or any other person was |
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injured or died as a result of the incident. |
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(b) Not later than the 30th day after the date of the |
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occurrence of an incident described by Subsection (a), the law |
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enforcement agency employing the injured or deceased officer at the |
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time of the incident must complete and submit a written or |
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electronic report, using the form created under that subsection, to |
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the office of the attorney general and, if the agency maintains an |
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Internet website, post a copy of the report on the agency's website. |
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The report must include all information described in Subsection |
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(a). |
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(c) Not later than February 1 of each year, the office of the |
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attorney general shall submit a report regarding all incidents |
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described by Subsection (a) that occurred during the preceding 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 incidents that occurred; |
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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 October 1, 2015, the office of the |
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attorney general shall create the reporting forms required under |
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Articles 2.139 and 2.1395, Code of Criminal Procedure, as added by |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |
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* * * * * |