Bill Text: TX HB2015 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to searches, seizures and raids by Special Weapons and Tactics teams.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-04-03 - Left pending in committee [HB2015 Detail]
Download: Texas-2019-HB2015-Introduced.html
By: Dutton | H.B. No. 2015 |
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relating to searches, seizures and raids by Special Weapons and | ||
Tactics teams. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.1371, Code of Criminal Procedure, is | ||
added to read as follows: | ||
Art. 2.1371. PROVISION OF BODY CAMERAS TO SPECIAL TEAMS. A | ||
department may not create or administer a Special Weapons and | ||
Tactics team or unit unless every officer on that unit is equipped | ||
with a body camera and the department has instituted policies and | ||
procedures to ensure that body cameras are turned on and recording | ||
during all unit action and remain on until the action is concluded | ||
by the arrest of all persons or at the time that all police | ||
personnel have left the premises. Body camera video shall | ||
otherwise be governed by Occupations Code Art. 1701.655 and Article | ||
2.1396, Code of Criminal Procedure. | ||
SECTION 2. Article 2.1383 and Article 2.1384, Code of | ||
Criminal Procedure, are added to read as follows: | ||
Art. 2.1383. STANDARDS FOR DEPLOYMENT OF SPECIAL WEAPONS | ||
AND TACTICS TEAMS (SWAT). (a) In this article, a "Special Weapons | ||
and Tactics team" is defined as a designated team of law enforcement | ||
officers who are specifically trained and equipped to work as a | ||
coordinated team to respond to critical incidents, including, but | ||
not limited to, hostage taking, barricaded suspects, snipers, | ||
terrorist acts, and other high-risk incidents, regardless of the | ||
name an agency gives to such team. | ||
(b) A department administering a Special Weapons and | ||
Tactics team shall institute policies designed to limit the | ||
deployment of that team to situations involving an imminent threat | ||
of serious bodily injury to civilians or officers. The | ||
determination to deploy a Special Weapons and Tactics team shall be | ||
based on consideration of evidence for an imminent threat to a | ||
persons or officers, and that the conditions are such that the | ||
suspect cannot reasonably be apprehended using routine methods. | ||
The existence alone of a legally owned gun in the home of an | ||
individual does not constitute evidence of an imminent threat. | ||
When SWAT is deployed for a pre-planned warrant service or for an | ||
incident not involving ongoing violence, the basis for believing an | ||
imminent threat exists should be reviewed and approved by a | ||
supervisor at the level of Captain or above before the deployment, | ||
to include justification for warrant execution between the hours of | ||
sunset and sunrise. | ||
Art. 2.1384. REPORTS REQUIRED FOR SPECIAL WEAPONS AND | ||
TACTICS TEAM DEPLOYMENTS. (a) All departments administering a | ||
Special Weapons and Tactical team shall annually report information | ||
about team deployments and training to their local governing body. | ||
(b) The Texas Commission on Law Enforcement by rule shall | ||
create a training curriculum and standards for certification as a | ||
SWAT team member, and for in-service training requirements for SWAT | ||
certified officers and for SWAT teams. | ||
(c) The Texas Commission on Law Enforcement by rule shall | ||
create a form for use by departments for reporting to the local | ||
governing body, which may require additional reporting, but the | ||
report must include at least the following information about | ||
Special Weapons and Tactics Team's: | ||
(1) the date on which the team was deployed; | ||
(2) the location where the incident occurred; | ||
(3) the specific reason for the deployment including a | ||
short description of the evidence of ongoing violent conduct | ||
including the existence of a tip by an undercover or anonymous | ||
informant; | ||
(4) a listing of military or forcible entry equipment | ||
used, if any; | ||
(4) if known, the age, gender, and race or ethnicity of | ||
each injured or deceased person involved in the incident; | ||
(5) a list of any controlled substances, weapons, | ||
contraband, or evidence of crime found on the premises or any | ||
individuals; | ||
(6) whether any person used, exhibited, or was | ||
carrying a deadly weapon during the incident; | ||
(8) whether the incident occurred as a result of a drug | ||
investigation. | ||
(9) the training received by the SWAT team | ||
collectively and for the SWAT officers individually. | ||
SECTION 3. Article 2.1396, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 2.1396. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION | ||
OFFENSES OR PERSONS SUBJECT TO ARREST, DETENTION OR INJURY BY A | ||
SPECIAL WEAPONS AND TACTICS UNIT. A person stopped or arrested on | ||
suspicion of an offense under Section 49.04, 49.045, 49.07, or | ||
49.08, Penal Code, | ||
a person whose arrest or detention is the result | ||
of a Special Weapons And Tactics operation, or an immediate family | ||
member of a person who suffered serious bodily injury or died as a | ||
result of a Special Weapons and Tactics operation is entitled to | ||
receive from a law enforcement agency employing the peace officer | ||
or officers who made the stop or arrest or conducted the operation a | ||
copy of [ |
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direction of the officer that [ |
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(1) the stop or other police action; | ||
(2) the arrest; | ||
(3) the conduct of the person [ |
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interaction with the officer, including during the administration | ||
of a field sobriety test; or | ||
(4) a procedure in which a specimen of the person's | ||
breath or blood is taken. | ||
SECTION 4. The Texas Commission on Law Enforcement shall | ||
adopt the rules required by Section 2.1384, Code of Criminal | ||
Procedure, as added by this Act, not later than December 1, 2019. | ||
SECTION 5. This Act takes effect September 1, 2019. |