87R8276 CXP-D

By: Reynolds H.B. No. 4185

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Texas Institute for Community Policing at the University of Houston.

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

SECTION 1. Chapter 111, Education Code, is amended by adding Subchapter L to read as follows:

SUBCHAPTER L. TEXAS INSTITUTE FOR COMMUNITY POLICING

Sec. 111.161. DEFINITIONS. In this subchapter:

(1) "Board" means the board of regents of the University of Houston System.

(2) "Institute" means the Texas Institute for Community Policing established under this subchapter.

Sec. 111.162. ESTABLISHMENT. (a) The Texas Institute for Community Policing is established at the University of Houston.

(b) The organization, control, and management of the institute are vested in the board.

Sec. 111.163. DUTIES OF INSTITUTE. The institute shall:

(1) conduct research regarding protocols and best practices for use during police encounters, including traffic stops;

(2) develop and offer to the general public police encounters courses that:

(A) provide best practices for the public in different types of police encounters, including traffic stops;

(B) explain the law regarding use of force by peace officers;

(C) provide opportunities for interaction between the public and peace officers in a low-stress environment; and

(D) foster greater trust between the public and peace officers;

(3) develop and offer to professionals in the criminal justice field accredited programs and training regarding community policing; and

(4) make community policing policy recommendations to interested parties.

Sec. 111.164. BIENNIAL REPORT TO LEGISLATURE. Not later than December 1 of each even-numbered year, the institute shall submit a report to the legislature that includes the results of the research conducted under Section 111.163(1) and any associated recommendations.

Sec. 111.165. COLLABORATION WITH OTHER ENTITIES. The University of Houston shall encourage public or private entities to participate in or support the operation of the institute and may enter into an agreement with any public or private entity for that purpose. An agreement may allow the institute to provide information, services, or other assistance to an entity in exchange for the entity's participation or support.

Sec. 111.166. GIFTS AND GRANTS. The board may solicit, accept, and administer gifts and grants from any public or private source for the purposes of the institute.

Sec. 111.167. PERSONNEL. The board may employ personnel for the institute as necessary.

Sec. 111.168. RULES. The board may adopt rules as necessary to implement this subchapter.

SECTION 2. The heading to Article 45.0511, Code of Criminal Procedure, is amended to read as follows:

Art. 45.0511. DRIVING SAFETY COURSE, [OR] MOTORCYCLE OPERATOR COURSE, OR POLICE ENCOUNTERS COURSE DISMISSAL PROCEDURES.

SECTION 3. Articles 45.0511(b), (c), (c-1), (d), (e), (k), (l), (o), (p), (q), and (r), Code of Criminal Procedure, are amended to read as follows:

(b) The judge shall require the defendant to successfully complete, as appropriate based on the conduct underlying the applicable offense, a driving safety course approved by the Texas Department of Licensing and Regulation, [or] a course under the motorcycle operator training and safety program approved by the designated state agency under Chapter 662, Transportation Code, or, for a defendant who is 25 years of age or older, a police encounters course developed by the Texas Institute for Community Policing under Subchapter L, Chapter 111, Education Code, if:

(1) the defendant elects [driving safety course or motorcycle operator training course] dismissal through a course under this article;

(2) the defendant:

(A) has not completed an approved driving safety course, [or] motorcycle operator training course, or police encounters course, as appropriate, within the 12 months preceding the date of the offense; or

(B) does not have a valid Texas driver's license or permit, is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, and has not completed a driving safety course, [or] motorcycle operator training course, or police encounters course, as appropriate, in another state within the 12 months preceding the date of the offense;

(3) the defendant enters a plea under Article 45.021 in person or in writing of no contest or guilty on or before the answer date on the notice to appear and:

(A) presents in person or by counsel to the court a request to take a course; or

(B) sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course;

(4) the defendant:

(A) has a valid Texas driver's license or permit; or

(B) is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty;

(5) the defendant is charged with an offense to which this article applies, other than speeding at a speed of:

(A) 95 miles per hour or more; or

(B) 25 miles per hour or more over the posted speed limit; and

(6) the defendant provides evidence of financial responsibility as required by Chapter 601, Transportation Code.

(c) The court shall enter judgment on the defendant's plea of no contest or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant 90 days to successfully complete the approved driving safety course, [or] motorcycle operator training course, or police encounters course and present to the court:

(1) a uniform certificate of completion of the driving safety course, [or] a verification of completion of the motorcycle operator training course, or a verification of completion of the police encounters course;

(2) unless the judge proceeds under Subsection (c-1), the defendant's driving record as maintained by the Department of Public Safety, if any, showing that the defendant had not completed an approved driving safety course, [or] motorcycle operator training course, or police encounters course, as applicable, within the 12 months preceding the date of the offense;

(3) an affidavit stating that the defendant was not taking a driving safety course, [or] motorcycle operator training course, or police encounters course, as applicable, under this article on the date the request to take the course was made and had not completed such a course that is not shown on the defendant's driving record within the 12 months preceding the date of the offense; and

(4) if the defendant does not have a valid Texas driver's license or permit and is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, an affidavit stating that the defendant was not taking a driving safety course, [or] motorcycle operator training course, or police encounters course, as appropriate, in another state on the date the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense.

(c-1) In this subsection, "state electronic Internet portal" has the meaning assigned by Section 2054.003, Government Code. As an alternative to receiving the defendant's driving record under Subsection (c)(2), the judge, at the time the defendant requests a driving safety course, [or] motorcycle operator training course, or police encounters course dismissal under this article, may require the defendant to pay a reimbursement fee in an amount equal to the sum of the amount of the fee established by Section 521.048, Transportation Code, and the state electronic Internet portal fee and, using the state electronic Internet portal, may request the Texas Department of Public Safety to provide the judge with a copy of the defendant's driving record that shows the information described by Section 521.047(b), Transportation Code. As soon as practicable and using the state electronic Internet portal, the Texas Department of Public Safety shall provide the judge with the requested copy of the defendant's driving record. The reimbursement fee authorized by this subsection is in addition to any other fee required under this article. If the copy of the defendant's driving record provided to the judge under this subsection shows that the defendant has not completed an approved driving safety course, [or] motorcycle operator training course, or police encounters course, as appropriate, within the 12 months preceding the date of the offense, the judge shall allow the defendant to complete the appropriate course as provided by this article. The custodian of a municipal or county treasury who receives reimbursement fees collected under this subsection shall keep a record of the fees and, without deduction or proration, forward the fees to the comptroller, with and in the manner required for other fees and costs received in connection with criminal cases. The comptroller shall credit fees received under this subsection to the Texas Department of Public Safety.

(d) Notwithstanding Subsections (b)(2) and (3), before the final disposition of the case, the court may grant a request to take a driving safety course, [or] a motorcycle operator training course, or a police encounters course under this article.

(e) A request to take a driving safety course, [or] motorcycle operator training course, or police encounters course made at or before the time and at the place at which a defendant is required to appear in court is an appearance in compliance with the defendant's promise to appear.

(k) On a defendant's showing of good cause for failure to furnish evidence to the court, the court may allow an extension of time during which the defendant may present:

(1) a uniform certificate of course completion as evidence that the defendant successfully completed the driving safety course; or

(2) a verification of course completion as evidence that the defendant successfully completed the motorcycle operator training course or police encounters course.

(l) When a defendant complies with Subsection (c), the court shall:

(1) remove the judgment and dismiss the charge;

(2) report the fact that the defendant successfully completed a driving safety course, [or] a motorcycle operator training course, or a police encounters course and the date of completion to the Texas Department of Public Safety for inclusion in the person's driving record; and

(3) state in that report whether the course was taken under this article to provide information necessary to determine eligibility to take a subsequent course under Subsection (b).

(o) An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state may not cancel or increase the premium charged an insured under the policy because the insured completed a driving safety course, [or] a motorcycle operator training course, or a police encounters course, or had a charge dismissed under this article.

(p) The court shall advise a defendant charged with a misdemeanor under Section 472.022, Transportation Code, Subtitle C, Title 7, Transportation Code, or Section 729.001(a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right under this article to successfully complete a driving safety course or a police encounters course or, if the offense was committed while operating a motorcycle, a motorcycle operator training course. The right to complete a course does not apply to a defendant charged with:

(1) a violation of Section 545.066, 550.022, or 550.023, Transportation Code;

(2) a serious traffic violation; or

(3) an offense to which Section 542.404, Transportation Code, applies.

(q) A notice to appear issued for an offense to which this article applies must inform a defendant charged with an offense under Section 472.022, Transportation Code, an offense under Subtitle C, Title 7, Transportation Code, or an offense under Section 729.001(a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right to complete a driving safety course or a police encounters course or, if the offense was committed while operating a motorcycle, of the defendant's right to complete a motorcycle operator training course. The notice required by this subsection must read substantially as follows:

"You may be able to require that this charge be dismissed by successfully completing a driving safety course, [or] a motorcycle operator training course, or a police encounters course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course."

(r) If the notice required by Subsection (q) is not provided to the defendant charged with the offense, the defendant may continue to exercise the defendant's right to take a driving safety course, [or] a motorcycle operator training course, or a police encounters course until the notice required by Subsection (q) is provided to the defendant or there is a final disposition of the case.

SECTION 4. Not later than December 1, 2022, the Texas Institute for Community Policing shall submit to the legislature the first biennial report required under Section 111.164, Education Code, as added by this Act.

SECTION 5. The change in law made by this Act to Article 45.0511, Code of Criminal Procedure, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For the purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.

SECTION 6. This Act takes effect September 1, 2021.