82R8136 MCK-D

By: Miles H.B. No. 1470

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas State Civilian Complaint Review Board to investigate certain allegations of peace officer misconduct.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Government Code, is amended by adding Chapter 422 to read as follows:

CHAPTER 422. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 422.001. DEFINITIONS. In this chapter:

(1) "Board" means the Texas State Civilian Complaint Review Board.

(2) "Peace officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2.12, Code of Criminal Procedure, or other law.

Sec. 422.002. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD. The board is established to investigate allegations of peace officer misconduct as provided by this chapter.

Sec. 422.003. APPLICATION OF SUNSET ACT. The Texas State Civilian Complaint Review Board is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2023.

[Sections 422.004-422.050 reserved for expansion]

SUBCHAPTER B. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD

Sec. 422.051. COMPOSITION OF BOARD. The board consists of nine public members appointed by the governor, two of whom must be appointed from a list of candidates submitted by the lieutenant governor, two of whom must be appointed from a list of candidates submitted by the speaker of the house of representatives, and two of whom must be appointed from a list of candidates submitted by the attorney general.

Sec. 422.052. INELIGIBILITY. A board member may not:

(1) be a state employee;

(2) hold any public office; or

(3) have any experience as a law enforcement professional, including experience as a peace officer, a criminal investigator, a special agent, or a managerial or supervisory employee who exercised substantial policy discretion on law enforcement matters, in a federal, state, or local law enforcement agency, other than experience as an attorney in a prosecutorial agency.

Sec. 422.053. TERMS. Board members are appointed for two-year terms.

Sec. 422.054. PRESIDING OFFICER. The governor shall designate a board member as the presiding officer of the board to serve in that capacity at the pleasure of the governor.

Sec. 422.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is a ground for removal from the board that a member:

(1) is ineligible for membership under Section 422.052;

(2) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(3) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.

(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 422.056. VACANCY. A vacancy on the board shall be filled for the unexpired term in the same manner as the original appointment.

Sec. 422.057. COMPENSATION; EXPENSES. (a) A member of the board is entitled to a per diem of $150 for each day the member engages in board business. The total per diem a board member may receive during a fiscal year may not exceed $5,000.

(b) A board member is entitled to reimbursement for actual and necessary expenses incurred in performing the official duties of the board.

[Sections 422.058-422.100 reserved for expansion]

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Sec. 422.101. EXECUTIVE DIRECTOR. The board shall employ an executive director to administer the policies of the board.

Sec. 422.102. PERSONNEL. (a) The board may employ personnel as necessary to exercise its powers and fulfill its duties under this chapter.

(b) The board shall appoint investigators who have previous investigative experience to investigate complaints filed under this chapter.

Sec. 422.103. RULES. The board may adopt rules as necessary to implement this chapter.

[Sections 422.104-422.150 reserved for expansion]

SUBCHAPTER D. INVESTIGATION OF COMPLAINTS

Sec. 422.151. INVESTIGATION OF COMPLAINTS. (a) The board may investigate a complaint that alleges peace officer misconduct involving:

(1) excessive use of force; or

(2) abuse of authority, including the improper use of powers to threaten, intimidate, or otherwise mistreat a member of the public, threats of force, and unlawful acts, searches, and seizures.

(b) A compliant may be filed under Section 422.152 or initiated by a majority vote of the board.

Sec. 422.152. REQUIREMENTS FOR COMPLAINT. (a) A complaint filed with the board under this chapter must:

(1) be in writing;

(2) allege the peace officer engaged in misconduct described by Section 422.151(a); and

(3) describe the alleged misconduct.

(b) The person who files a complaint is not required to be the alleged victim of the misconduct.

Sec. 422.153. INVESTIGATION OF COMPLAINT. The board shall assign each complaint filed with the board to an investigator, who shall take such steps as are necessary to investigate the complaint, including:

(1) obtaining a statement from the complainant, witness statements, and documentary evidence; and

(2) interviewing witnesses and any peace officer who is the subject of the complaint.

Sec. 422.154. COMPLAINT REVIEW PROCEDURE. The board shall:

(1) develop a system to promptly and efficiently act on complaints filed with the board;

(2) maintain information regarding:

(A) the parties to a complaint;

(B) the subject matter of the complaint;

(C) the results of the investigation of the complaint; and

(D) the disposition of the complaint;

(3) make information available describing its procedures for complaint investigation and resolution;

(4) take reasonable measures to ensure the confidentiality of all complainants;

(5) periodically notify the parties to the complaint in writing of the status of the complaint until final disposition; and

(6) provide the parties to the complaint a name, address, and telephone number of an individual to contact in order to give or obtain information regarding the complaint.

Sec. 422.155. SUBPOENAS. (a) The board may issue a subpoena to compel the attendance of a witness or the production of any book, record, or other document reasonably necessary to conduct an investigation under this chapter. The subpoena must relate to a matter under investigation by the board.

(b) If a person refuses to obey a subpoena issued under this section, the board may apply to a court for an order requiring that the person obey the subpoena. Failure to obey the court order is punishable as contempt.

Sec. 422.156. MEDIATION OF COMPLAINTS. (a) As an alternative to an investigation and proposed discipline, the board may offer to mediate a complaint filed with the board using a trained, experienced mediator.

(b) The board shall establish procedures for mediating a complaint and guidelines for determining which complaints are appropriate for mediation.

Sec. 422.157. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING INVESTIGATION. The board may dismiss a complaint and close an investigation without reaching a final determination when the person who filed the complaint or the alleged victim of misconduct asks the office to withdraw the complaint.

Sec. 422.158. COMPLAINT DETERMINATION AFTER INVESTIGATION. (a) After an investigation of a complaint is complete, the investigator shall forward the investigation to the board or a panel of at least three board members. The board or panel shall review the case, including all evidence, and make a determination on each allegation in the complaint that has not been dismissed by the board or mediated. The board's determination must be made not later than six months after the date the board receives the complaint.

(b) Except as provided by Subsection (c), the determination for each allegation in the complaint must be:

(1) substantiated;

(2) exonerated;

(3) unfounded;

(4) unsubstantiated; or

(5) miscellaneous.

(c) The director must determine that "the person complained about remains unidentified" if the person's identity has not been discovered after the investigation.

(d) In this section, a "substantiated" determination means that a preponderance of the evidence shows that the person who is the subject of the complaint committed the alleged misconduct.

(e) In this section, an "exonerated" determination means that a preponderance of the evidence shows that the person who is the subject of the complaint engaged in the actions alleged in the complaint but that the actions were not misconduct because the person's actions were lawful and proper.

(f) In this section, an "unfounded" determination means that a preponderance of the evidence shows that the person who is the subject of the complaint did not commit the alleged misconduct.

(g) In this section, an "unsubstantiated" determination means that the available evidence was insufficient to reach a determination on a preponderance of the evidence of substantiated, exonerated, or unfounded.

(h) In this section, "miscellaneous" means that a preponderance of the evidence shows that the person who is the subject of the complaint is no longer a peace officer.

Sec. 422.159. NOTICE OF BOARD'S DETERMINATION. (a) The board shall notify the person who filed the complaint and each person who is the subject of the complaint of the board's determination.

(b) The board shall also notify the employer of the peace officer who is the subject of the complaint of the board's determination. If the board finds that a complaint is substantiated, the board may recommend an appropriate disciplinary action to the employer. If the peace officer's employer fails to take disciplinary action against the peace officer before the 30th day after the date the board notifies the employer of its determination, the board shall forward the case to the attorney representing the state in the prosecution of felonies for the jurisdiction in which the misconduct occurred.

SECTION 2. The initial members of the Texas State Civilian Complaint Review Board shall be appointed as provided by Section 422.051, Government Code, as added by this Act, not later than October 1, 2011.

SECTION 3. This Act takes effect September 1, 2011.