By Keel                                               H.B. No. 2673
         76R2044 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to continuing education programs for peace officers and
 1-3     county jailers.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 415.034, Government Code, as amended by
 1-6     Chapters 254, 538, 562, and 585, Acts of the 74th Legislature,
 1-7     Regular Session, 1995, is amended to read as follows:
 1-8           Sec. 415.034.  CONTINUING EDUCATION.  (a)  The commission
 1-9     shall recognize, prepare, or administer continuing education
1-10     programs for officers and county jailers.
1-11           (b)  The commission shall require a state, county, special
1-12     district, or municipal agency that appoints or employs peace
1-13     officers to provide each peace officer with a training program
1-14     every 24 months.  The commission [course] may not require that the
1-15     length of the program exceed 40 hours.  Not less than 20 hours of
1-16     the instruction must be on topics selected by the agency.
1-17           (c) In addition to the training program required by
1-18     Subsection (b), the [(b)  The] commission shall require a state,
1-19     county, special district, or municipal agency that appoints or
1-20     employs peace officers to provide each peace officer with a
1-21     training program under this subsection every 48 [24] months.  The
1-22     commission may not require that the length of the program exceed 20
1-23     hours.  The course must:
1-24                 (1)  be approved by the commission;
 2-1                 (2)  contain curricula which incorporate the learning
 2-2     objectives developed by the commission; [and]
 2-3                 (3)  include education and training in[:]
 2-4                       [(A)] civil rights, racial sensitivity, and
 2-5     cultural diversity; and
 2-6                 (4)  include education and training in the following
 2-7     areas, [(B)] unless determined by the agency head to be
 2-8     inconsistent with the officer's assigned duties:
 2-9                       (A)  issues concerning sex offender
2-10     characteristics;
2-11                       (B)  [,] the recognition of cases that involve
2-12     the following:
2-13                             (i)  child abuse;
2-14                             (ii)  child neglect;
2-15                             (iii)  family violence;  or [and]
2-16                             (iv)  sexual assault; and
2-17                       (C)  the documentation of cases described by
2-18     Paragraph (B), including instruction in:
2-19                             (i)  making a written account of the extent
2-20     of injuries sustained by the victim of an alleged offense;
2-21                             (ii)  recording by photograph or videotape
2-22     the area in which an alleged offense occurred and any injuries
2-23     sustained by the victim; and
2-24                             (iii)  recognizing and recording any
2-25     statement of a victim that may be admissible as evidence in a
2-26     future proceeding concerning the matter about which the statement
2-27     was made.
 3-1           (d) [(c)  The course provided under Subsection (b) must:]
 3-2                 [(1)  be approved by the commission;]
 3-3                 [(2)  include education and training in:]
 3-4                       [(A)  civil rights, racial sensitivity, and
 3-5     cultural diversity; and]
 3-6                       [(B)  unless determined by the agency head to be
 3-7     inconsistent with the officer's assigned duties:]
 3-8                             [(i)  the recognition of cases that involve
 3-9     child abuse, child neglect, family violence, and sexual assault;
3-10     and]
3-11                             [(ii)  issues concerning sex offender
3-12     characteristics; and]
3-13                 [(3)  include other education and training only if
3-14     determined by the agency head to be consistent with the officer's
3-15     assigned duties.]
3-16           [(c)]  The course provided under Subsection (b) or (c)[:]
3-17                 [(1)  may not exceed 40 hours; and]
3-18                 [(2)]  may include instructional materials developed by
3-19     the agency or its trainers or entities having training agreements
3-20     with the commission in addition to materials included in curricula
3-21     developed by the commission.
3-22           (e) [(d)]  A peace officer appointed to the officer's first
3-23     supervisory position must receive in-service training on
3-24     supervision as part of the course provided under Subsection (b)
3-25     during the 24-month period after the date of that appointment.
3-26           (f) [(e)]  An honorably retired commissioned officer of the
3-27     Department of Public Safety who is a special ranger under Section
 4-1     411.023 may not be required to undergo training under Subsection
 4-2     (b) or (c).
 4-3           (g) [(f)]  The commission may require a state, county,
 4-4     special district, or municipal agency that appoints or employs a
 4-5     reserve law enforcement officer, county jailer, or public security
 4-6     officer to provide each of those individuals with education and
 4-7     training in civil rights, racial sensitivity, and cultural
 4-8     diversity every 48 [24] months.
 4-9           (h) [(g)]  The commission may suspend the license of a peace
4-10     officer if the peace officer fails to complete a training  course
4-11     provided under Subsection (b) at least once in every 24-month
4-12     period or fails to complete a training course provided under
4-13     Subsection (c) at least once in every 48-month period.  The
4-14     commission shall adopt rules under which the training course
4-15     requirements [requirement] provided by this subsection may be
4-16     waived when mitigating circumstances exist.
4-17           (i) [(h)]  The commission by rule shall adopt procedures:
4-18                 (1)  to ensure the timely and accurate reporting by
4-19     agencies and peace officers of information related to training
4-20     programs offered under this section and to [, which procedures
4-21     shall] provide for the creation of training records for individual
4-22     peace officers;
4-23                 (2)  to provide adequate notice to agencies and peace
4-24     officers of impending noncompliance with the training requirements
4-25     of this section so that the agencies and peace officers may comply
4-26     within the required time periods [24-month period];
4-27                 (3)  to require agencies to report in a timely manner
 5-1     the reasons that a peace officer is in noncompliance after
 5-2     receiving notice by the commission of the peace officer's
 5-3     noncompliance; and
 5-4                 (4)  to provide that, following the commission's
 5-5     receipt of an agency's report under Subdivision (3) or on a
 5-6     determination by the commission that the agency has failed to
 5-7     report in a timely manner, a hearing consistent with Section
 5-8     415.060(b) shall be held when the peace officer claims that:
 5-9                       (A)  mitigating circumstances exist; or
5-10                       (B)  the peace officer failed to complete the
5-11     required training because the officer's employing agency did not
5-12     provide an adequate opportunity for the officer to attend the
5-13     required training course.
5-14           [(i)  Training in documentation of cases required by
5-15     Subsection (b) shall include instruction in:]
5-16                 [(1)  making a written account of the extent of
5-17     injuries sustained by the victim of an alleged offense;]
5-18                 [(2)  recording by photograph or videotape the area in
5-19     which an alleged offense occurred and any injuries sustained by the
5-20     victim; and]
5-21                 [(3)  recognizing and recording any statement of a
5-22     victim that may be admissible as evidence in a future proceeding
5-23     concerning the matter about which the statement was made.]
5-24           SECTION 2.  (a)  The Commission on Law Enforcement Officer
5-25     Standards and Education shall establish the curricula for a
5-26     continuing education training program for peace officers as
5-27     separately required by Section 415.034(c), Government Code, as
 6-1     amended by this Act, not later than January 1, 2000.
 6-2           (b)  For persons who are licensed peace officers on September
 6-3     1, 1999, the first course separately required under Section
 6-4     415.034(b), Government Code, as amended by this Act, must be
 6-5     completed before September 1, 2001, and the first course separately
 6-6     required under Section 415.034(c), Government Code, as amended by
 6-7     this Act, must be completed before September 1, 2003.
 6-8           SECTION 3.  This Act takes effect September 1, 1999.
 6-9           SECTION 4.  The importance of this legislation and the
6-10     crowded condition of the calendars in both houses create an
6-11     emergency and an imperative public necessity that the
6-12     constitutional rule requiring bills to be read on three several
6-13     days in each house be suspended, and this rule is hereby suspended.