Bill Text: TX HB1642 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to official oppression and to law enforcement policies requiring peace officers to report certain peace officer misconduct; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to Homeland Security & Public Safety [HB1642 Detail]
Download: Texas-2021-HB1642-Introduced.html
87R1540 ADM-D | ||
By: Sherman, Sr. | H.B. No. 1642 |
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relating to official oppression and to law enforcement policies | ||
requiring peace officers to report certain peace officer | ||
misconduct; creating a criminal offense. | ||
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 ON EXCESSIVE FORCE OR | ||
OFFICIAL OPPRESSION; REPORT REQUIRED. (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 a | ||
detailed written policy requiring peace officers employed by the | ||
agency to promptly make a detailed written report of any incident in | ||
which the peace officer witnesses another peace officer: | ||
(1) using more force against a person suspected of | ||
committing an offense than an ordinary, prudent peace officer would | ||
use under the same or similar circumstances; or | ||
(2) committing an offense under Section 39.03, Penal | ||
Code. | ||
(c) The policy must require a peace officer who makes a | ||
report under Subsection (b) to deliver the report to the supervisor | ||
of: | ||
(1) the peace officer making the report; and | ||
(2) the peace officer who used the excessive force or | ||
committed official oppression. | ||
(d) A law enforcement agency shall ensure that each peace | ||
officer employed by the agency receives adequate training on the | ||
policy adopted under this article. | ||
(e) A law enforcement agency may not retaliate or | ||
discriminate against an employee of the agency for making a report | ||
required by this article. | ||
SECTION 2. Section 39.03(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A public servant acting under color of [ |
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employment commits an offense if the public servant [ |
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(1) intentionally, knowingly, or recklessly subjects | ||
another to mistreatment or to arrest, detention, search, seizure, | ||
dispossession, assessment, or lien that the public servant [ |
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knows is unlawful; | ||
(2) intentionally, knowingly, or recklessly denies or | ||
impedes another in the exercise or enjoyment of any right, | ||
privilege, power, or immunity, knowing the public servant's [ |
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conduct is unlawful; or | ||
(3) intentionally, knowingly, or recklessly subjects | ||
another to sexual harassment. | ||
SECTION 3. Chapter 39, Penal Code, is amended by adding | ||
Section 39.031 to read as follows: | ||
Sec. 39.031. FAILURE TO MAKE OR DELIVER REQUIRED REPORT OF | ||
CERTAIN PEACE OFFICER MISCONDUCT. (a) A peace officer required to | ||
make and deliver a report under a policy adopted under Article 2.33, | ||
Code of Criminal Procedure, commits an offense if the peace officer | ||
fails to make or deliver the report as required by that policy. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
SECTION 4. Section 39.03, Penal Code, as amended by this | ||
Act, 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 governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 5. 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 6. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2021. | ||
(b) Section 39.031, Penal Code, as added by this Act, takes | ||
effect January 1, 2022. |