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A BILL TO BE ENTITLED
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AN ACT
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relating to a Department of Public Safety database concerning peace |
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officer misconduct. |
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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 2.1397 to read as follows: |
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Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY REGARDING |
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PEACE OFFICER MISCONDUCT. (a) In this article, "law enforcement |
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agency" means an agency of the state or an agency of a political |
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subdivision of the state authorized by law to employ peace |
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officers. |
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(b) A law enforcement agency shall promptly report to the |
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Department of Public Safety for inclusion in the database |
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established under Section 411.056, Government Code, each |
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allegation of misconduct concerning a peace officer employed by the |
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agency. The report must be made on the form adopted by that |
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department and must include information regarding: |
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(1) the nature of the allegation; |
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(2) the results of the agency's investigation of the |
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allegation; and |
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(3) any disciplinary action taken by the agency as a |
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result of the allegation. |
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SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.056 to read as follows: |
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Sec. 411.056. DATABASE OF PEACE OFFICER MISCONDUCT; REPORT. |
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(a) The department shall: |
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(1) adopt a form for the reporting of misconduct |
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allegations under Article 2.1397, Code of Criminal Procedure; |
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(2) establish a database for information concerning |
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reports received under that article; and |
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(3) make the database accessible to law enforcement |
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agencies in this state. |
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(b) Not later than June 1 and December 1 of each year, the |
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department shall submit a report regarding peace officer misconduct |
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to the governor, lieutenant governor, and each standing committee |
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of the legislature with primary jurisdiction over criminal justice |
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matters. The report must include information regarding the type |
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and frequency of misconduct allegations in this state. |
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(c) The department shall make each report submitted under |
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Subsection (b) available on the department's Internet website. |
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SECTION 3. Not later than January 1, 2022, the Department of |
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Public Safety of the State of Texas shall adopt the form and |
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establish the database as required by Section 411.056, Government |
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Code, as added by this Act. |
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SECTION 4. The Department of Public Safety of the State of |
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Texas shall submit its first report under Section 411.056(b), |
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Government Code, as added by this Act, not later than June 1, 2022. |
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SECTION 5. This Act takes effect September 1, 2021. |