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A BILL TO BE ENTITLED
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AN ACT
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relating to certain reporting requirements for law enforcement |
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agencies; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.139(c), Code of Criminal Procedure, as |
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added by Chapter 516 (H.B. 1036), Acts of the 84th Legislature, |
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Regular Session, 2015, is amended to read as follows: |
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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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SECTION 2. Article 2.1395(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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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
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website]. The report must include all information described in |
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Subsection (a). |
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SECTION 3. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.13951 to read as follows: |
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Art. 2.13951. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS |
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FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY. (a) The office of |
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the attorney general shall conduct an investigation after receiving |
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a report or other information that a law enforcement agency failed |
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to submit a report required by Article 2.139 or 2.1395. If the |
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office determines that the law enforcement agency failed to submit |
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the report, the office shall provide notice of the failure to the |
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agency. The notice must summarize the applicable reporting |
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requirement and state that the agency may be subject to a civil |
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penalty as provided by Subsection (b) or (c), as applicable. |
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(b) Except as provided by Subsection (c), a law enforcement |
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agency that fails to submit the required report on or before the |
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seventh day after the date of receiving notice under Subsection (a) |
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is liable for a civil penalty in the amount of $1,000 for each day |
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after the seventh day that the agency fails to submit the report. |
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(c) Beginning on the day after the date of receiving notice |
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under Subsection (a), a law enforcement agency that, in the |
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five-year period preceding the date the agency received the notice, |
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has been liable for a civil penalty under Subsection (b) or this |
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subsection is liable for a civil penalty for each day the agency |
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fails to submit the required report. The amount of a civil penalty |
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under this subsection is $10,000 for the first day and $1,000 for |
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each additional day that the agency fails to submit the report. |
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(d) The attorney general may sue to collect a civil penalty |
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under this article. |
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(e) A civil penalty collected under this article shall be |
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deposited to the credit of the compensation to victims of crime fund |
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established under Subchapter B, Chapter 56. |
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SECTION 4. Article 2.139, Code of Criminal Procedure, as |
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added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature, |
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Regular Session, 2015, is redesignated as Article 2.1396, Code of |
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Criminal Procedure. |
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SECTION 5. The changes in law made by this Act apply only to |
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a report required to be submitted on or after the effective date of |
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this Act. A report required to be submitted before the effective |
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date of this Act is subject to the law in effect at the time the |
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report was required to be submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act takes effect September 1, 2017. |