| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to law enforcement policies for peace officer response to |
|
|
certain family violence offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.33 to read as follows: |
|
|
Art. 2.33. LAW ENFORCEMENT POLICY FOR PEACE OFFICER |
|
|
RESPONSE TO CERTAIN FAMILY VIOLENCE OFFENSES. (a) In this article, |
|
|
"law enforcement agency" means an agency of the state or an agency |
|
|
of a political subdivision of the state authorized by law to employ |
|
|
peace officers. |
|
|
(b) Each law enforcement agency in this state shall adopt |
|
|
the model policy developed by the Texas Commission on Law |
|
|
Enforcement under Section 1701.165, Occupations Code, regarding |
|
|
peace officer response to reports of certain offenses involving |
|
|
family violence. |
|
|
SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
|
|
amended by adding Section 1701.165 to read as follows: |
|
|
Sec. 1701.165. MODEL POLICY FOR PEACE OFFICER RESPONSE TO |
|
|
CERTAIN FAMILY VIOLENCE OFFENSES. (a) In this section, "family |
|
|
violence" has the meaning assigned by Section 71.004, Family Code. |
|
|
(b) The commission shall develop and make available to all |
|
|
law enforcement agencies in this state a model policy establishing |
|
|
procedures applicable to a peace officer who responds to a report of |
|
|
an offense involving family violence that was committed in the |
|
|
physical presence or within the hearing of a child younger than 18 |
|
|
years of age. |
|
|
(c) The model policy must require the responding peace |
|
|
officer to: |
|
|
(1) document the child's exposure to the family |
|
|
violence; |
|
|
(2) speak to the child at eye level and explain in an |
|
|
age-appropriate manner the applicable procedures for investigating |
|
|
the offense; |
|
|
(3) validate the child's emotional response to the |
|
|
situation; |
|
|
(4) assist in comforting the child; |
|
|
(5) provide information to the child's parent or other |
|
|
appropriate caregiver regarding: |
|
|
(A) services available to support the child; and |
|
|
(B) the negative impacts of family violence on a |
|
|
child; and |
|
|
(6) identify and document any other children in the |
|
|
family or household. |
|
|
SECTION 3. (a) Not later than December 1, 2021, the Texas |
|
|
Commission on Law Enforcement shall develop and make available the |
|
|
model policy required under Section 1701.165, Occupations Code, as |
|
|
added by this Act. |
|
|
(b) Not later than January 1, 2022, each law enforcement |
|
|
agency in this state shall adopt the policy required by Article |
|
|
2.33, Code of Criminal Procedure, as added by this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |