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A BILL TO BE ENTITLED
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AN ACT
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relating to official oppression and to law enforcement policies |
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requiring peace officers to report certain peace officer |
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misconduct; creating a criminal offense. |
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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 2.36 to read as follows: |
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Art. 2.36. LAW ENFORCEMENT POLICY ON EXCESSIVE FORCE OR |
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OFFICIAL OPPRESSION; REPORT REQUIRED. (a) In this article, "law |
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enforcement agency" means an agency of the state or an agency of a |
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political subdivision of the state authorized by law to employ |
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peace officers. |
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(b) Each law enforcement agency shall adopt a detailed |
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written policy requiring peace officers employed by the agency to |
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promptly make a detailed written report of any incident in which the |
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peace officer witnesses another peace officer: |
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(1) using more force against a person suspected of |
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committing an offense than an ordinary, prudent peace officer would |
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use under the same or similar circumstances; or |
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(2) committing an offense under Section 39.03, Penal |
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Code. |
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(c) The policy must require a peace officer who makes a |
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report under Subsection (b) to deliver the report to the supervisor |
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of: |
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(1) the peace officer making the report; and |
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(2) the peace officer who used the excessive force or |
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committed official oppression. |
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(d) A law enforcement agency shall ensure that each peace |
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officer employed by the agency receives adequate training on the |
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policy adopted under this article. |
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(e) A law enforcement agency may not retaliate or |
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discriminate against an employee of the agency for making a report |
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required by this article. |
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SECTION 2. Section 39.03(a), Penal Code, is amended to read |
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as follows: |
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(a) A public servant acting under color of [his] office or |
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employment commits an offense if the public servant recklessly |
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[he]: |
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(1) [intentionally] subjects another to mistreatment |
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or to arrest, detention, search, seizure, dispossession, |
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assessment, or lien that the public servant [he] knows is unlawful; |
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(2) [intentionally] denies or impedes another in the |
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exercise or enjoyment of any right, privilege, power, or immunity, |
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knowing the public servant's [his] conduct is unlawful; or |
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(3) [intentionally] subjects another to sexual |
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harassment. |
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SECTION 3. Chapter 39, Penal Code, is amended by adding |
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Section 39.031 to read as follows: |
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Sec. 39.031. FAILURE TO MAKE OR DELIVER REQUIRED REPORT OF |
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CERTAIN PEACE OFFICER MISCONDUCT. (a) A peace officer required to |
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make and deliver a report under a policy adopted under Article 2.36, |
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Code of Criminal Procedure, commits an offense if the peace officer |
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fails to make or deliver the report as required by that policy. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 4. Section 39.03, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. Not later than January 1, 2024, each law |
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enforcement agency in this state shall adopt the policy required by |
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Article 2.36, Code of Criminal Procedure, as added by this Act. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2023. |
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(b) Section 39.031, Penal Code, as added by this Act, takes |
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effect January 1, 2024. |