| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a Texas Commission on Law Enforcement database |
|
|
concerning peace officer misconduct. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.1397 to read as follows: |
|
|
Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY REGARDING |
|
|
PEACE OFFICER MISCONDUCT. (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) A law enforcement agency that takes disciplinary action |
|
|
against a peace officer for misconduct shall promptly report the |
|
|
misconduct and disciplinary action taken to the Texas Commission on |
|
|
Law Enforcement for inclusion in the database established under |
|
|
Section 1701.165, Occupations Code. |
|
|
SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
|
|
amended by adding Section 1701.165 to read as follows: |
|
|
Sec. 1701.165. DATABASE OF PEACE OFFICER MISCONDUCT. (a) |
|
|
The commission shall establish a database for information |
|
|
concerning peace officers who have been disciplined by a law |
|
|
enforcement agency for misconduct. |
|
|
(b) The commission shall include reports received under |
|
|
Article 2.1397, Code of Criminal Procedure, in the database and |
|
|
make the database accessible by law enforcement agencies in this |
|
|
state. |
|
|
SECTION 3. The heading to Section 1701.451, Occupations |
|
|
Code, is amended to read as follows: |
|
|
Sec. 1701.451. DUTIES OF LAW ENFORCEMENT AGENCY SEEKING TO |
|
|
HIRE LICENSE HOLDER [PREEMPLOYMENT REQUEST FOR EMPLOYMENT |
|
|
TERMINATION REPORT AND SUBMISSION OF BACKGROUND CHECK CONFIRMATION |
|
|
FORM]. |
|
|
SECTION 4. Section 1701.451(a), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(a) Before a law enforcement agency may hire a person |
|
|
licensed under this chapter, the agency head or the agency head's |
|
|
designee must: |
|
|
(1) make a request to the commission for any |
|
|
employment termination report regarding the person that is |
|
|
maintained by the commission under this subchapter; [and] |
|
|
(2) submit to the commission on the form prescribed by |
|
|
the commission confirmation that the agency: |
|
|
(A) conducted in the manner prescribed by the |
|
|
commission a criminal background check regarding the person; |
|
|
(B) obtained the person's written consent on a |
|
|
form prescribed by the commission for the agency to view the |
|
|
person's employment records; |
|
|
(C) obtained from the commission any service or |
|
|
education records regarding the person maintained by the |
|
|
commission; and |
|
|
(D) contacted each of the person's previous law |
|
|
enforcement employers; and |
|
|
(3) review any information regarding the person that |
|
|
is maintained in the database under Section 1701.165. |
|
|
SECTION 5. Not later than January 1, 2022, the Texas |
|
|
Commission on Law Enforcement shall establish the database required |
|
|
by Section 1701.165, Occupations Code, as added by this Act. |
|
|
SECTION 6. Section 1701.451(a), Occupations Code, as |
|
|
amended by this Act, applies only with respect to a person hired on |
|
|
or after January 1, 2022. A person hired before January 1, 2022, is |
|
|
governed by the law in effect immediately before the effective date |
|
|
of this Act, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 7. This Act takes effect September 1, 2021. |