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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. INVESTIGATION OF OFFICER-INVOLVED DEATHS. (a) |
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In this 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) "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 |
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traffic-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). |
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(d) On conclusion of an investigation under Subsection (b), |
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the investigative team established under that subsection shall |
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submit a report on the officer-involved death to the prosecutor |
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with felony jurisdiction in the county in which the death occurred. |
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(e) Not later than 72 hours after the investigative team's |
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investigation is completed, the office of the attorney general |
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shall post the team's report on the office's Internet website, |
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redacting any information required to be kept confidential by other |
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law. |