Bill Text: TX HB3357 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to municipal civilian complaint review boards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB3357 Detail]
Download: Texas-2011-HB3357-Introduced.html
82R11461 TJB-F | ||
By: Miles | H.B. No. 3357 |
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relating to municipal civilian complaint review boards. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 5, Local Government Code, is | ||
amended by adding Chapter 143A to read as follows: | ||
CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 143A.001. APPLICABILITY. This chapter applies only to | ||
a municipality with a population of two million or more. | ||
Sec. 143A.002. DEFINITIONS. In this chapter: | ||
(1) "Board" means a municipal civilian complaint | ||
review board. | ||
(2) "Peace officer" means an individual appointed or | ||
employed to serve as a peace officer for a municipality under | ||
Article 2.12, Code of Criminal Procedure, or other law. | ||
Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD. | ||
A board is established in a municipality subject to this chapter to | ||
investigate allegations of peace officer misconduct as provided by | ||
this chapter. | ||
[Sections 143A.004-143A.050 reserved for expansion] | ||
SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD | ||
Sec. 143A.051. COMPOSITION OF BOARD. A board consists of | ||
five public members appointed as follows: | ||
(1) two members appointed by the presiding officer of | ||
the governing body of the municipality, one of whom must be | ||
appointed from a list of municipal residents submitted to the | ||
presiding officer by the governing body of the municipality; | ||
(2) one member appointed by the county judge of the | ||
county in which the municipality is primarily located; | ||
(3) one member appointed by the police chief of the | ||
municipal police department; and | ||
(4) one member appointed by the commissioners court of | ||
the county in which the municipality is primarily located. | ||
Sec. 143A.052. INELIGIBILITY. A board member may not: | ||
(1) be a municipal employee; | ||
(2) hold any public office; or | ||
(3) have any experience as a law enforcement | ||
professional, including experience as a peace officer, a criminal | ||
investigator, a special agent, or a managerial or supervisory | ||
employee who exercised substantial policy discretion on law | ||
enforcement matters, in a federal, state, or local law enforcement | ||
agency, other than experience as an attorney in a prosecutorial | ||
agency. | ||
Sec. 143A.053. TERMS. Board members are appointed for | ||
two-year terms. | ||
Sec. 143A.054. PRESIDING OFFICER. The presiding officer of | ||
the governing body of the municipality shall designate a board | ||
member as the presiding officer of the board to serve in that | ||
capacity at the pleasure of the presiding officer of the governing | ||
body of the municipality. | ||
Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It | ||
is a ground for removal from a board that a member: | ||
(1) is ineligible for membership under Section | ||
143A.052; | ||
(2) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term; or | ||
(3) is absent from more than half of the regularly | ||
scheduled board meetings that the member is eligible to attend | ||
during a calendar year without an excuse approved by a majority | ||
vote of the board. | ||
(b) The validity of an action of a board is not affected by | ||
the fact that it is taken when a ground for removal of a board member | ||
exists. | ||
(c) If the executive director of a board or another board | ||
member has knowledge that a potential ground for removal exists, | ||
the executive director or board member shall notify the presiding | ||
officer of the board of the potential ground. The presiding officer | ||
shall then notify the presiding officer of the governing body of the | ||
municipality that a potential ground for removal exists. If the | ||
potential ground for removal involves the presiding officer of the | ||
board, the executive director or board member shall notify the next | ||
highest ranking officer of the board, who shall then notify the | ||
presiding officer of the governing body of the municipality that a | ||
potential ground for removal exists. | ||
Sec. 143A.056. VACANCY. A vacancy on a board shall be | ||
filled for the unexpired term in the same manner as the original | ||
appointment. | ||
Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member | ||
is entitled to a per diem of $150 for each day the member engages in | ||
board business. The total per diem a board member may receive | ||
during a fiscal year may not exceed $5,000. | ||
(b) A board member is entitled to reimbursement for actual | ||
and necessary expenses incurred in performing the official duties | ||
of the board. | ||
[Sections 143A.058-143A.100 reserved for expansion] | ||
SUBCHAPTER C. GENERAL POWERS AND DUTIES | ||
Sec. 143A.101. EXECUTIVE DIRECTOR. A board shall employ an | ||
executive director if necessary to administer the policies of the | ||
board. | ||
Sec. 143A.102. PERSONNEL. A board may employ personnel as | ||
necessary to exercise its powers and fulfill its duties under this | ||
chapter. | ||
Sec. 143A.103. RULES. A board may adopt rules as necessary | ||
to implement this chapter. | ||
[Sections 143A.104-143A.150 reserved for expansion] | ||
SUBCHAPTER D. INVESTIGATION OF COMPLAINTS | ||
Sec. 143A.151. INVESTIGATION OF COMPLAINTS. (a) A board | ||
may investigate a complaint that alleges peace officer misconduct | ||
involving: | ||
(1) excessive use of force; or | ||
(2) abuse of authority, including the improper use of | ||
powers to threaten, intimidate, or otherwise mistreat a member of | ||
the public, threats of force, and unlawful acts, searches, and | ||
seizures. | ||
(b) A complaint may be filed under Section 143A.152 or | ||
initiated by a majority vote of the board. | ||
Sec. 143A.152. REQUIREMENTS FOR COMPLAINT. (a) A complaint | ||
filed with a board under this chapter must: | ||
(1) be in writing; | ||
(2) allege the peace officer engaged in misconduct | ||
described by Section 143A.151(a); and | ||
(3) describe the alleged misconduct. | ||
(b) A person who files a complaint is not required to be the | ||
alleged victim of the misconduct. | ||
Sec. 143A.153. INVESTIGATION OF COMPLAINT. A board shall | ||
forward each complaint filed with the board to the municipal | ||
attorney's office. The municipal attorney's office shall take such | ||
steps as are necessary to investigate the complaint, including: | ||
(1) obtaining a statement from the complainant, | ||
witness statements, and documentary evidence; and | ||
(2) interviewing witnesses and any peace officer who | ||
is the subject of the complaint. | ||
Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall: | ||
(1) develop a system to promptly and efficiently act | ||
on complaints filed with the board; | ||
(2) maintain information regarding: | ||
(A) the parties to a complaint; | ||
(B) the subject matter of the complaint; | ||
(C) the results of the investigation of the | ||
complaint; and | ||
(D) the disposition of the complaint; | ||
(3) make information available describing its | ||
procedures for complaint investigation and resolution; | ||
(4) take reasonable measures to ensure the | ||
confidentiality of all complainants; | ||
(5) periodically notify the parties to the complaint | ||
in writing of the status of the complaint until final disposition; | ||
and | ||
(6) provide the parties to the complaint a name, | ||
address, and telephone number of an individual to contact in order | ||
to give or obtain information regarding the complaint. | ||
Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena | ||
to compel the attendance of a witness or the production of any book, | ||
record, or other document reasonably necessary to conduct an | ||
investigation under this chapter. A subpoena must relate to a | ||
matter under investigation by the board. | ||
(b) If a person refuses to obey a subpoena issued under this | ||
section, the board may apply to a court for an order requiring that | ||
the person obey the subpoena. Failure to obey the court order is | ||
punishable as contempt. | ||
Sec. 143A.156. MEDIATION OF COMPLAINTS. (a) As an | ||
alternative to an investigation and proposed disciplinary action, a | ||
board may offer to mediate a complaint filed with the board using a | ||
trained, experienced mediator. | ||
(b) The board shall establish procedures for mediating a | ||
complaint and guidelines for determining which complaints are | ||
appropriate for mediation. | ||
Sec. 143A.157. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING | ||
INVESTIGATION. A board may dismiss a complaint and close an | ||
investigation without reaching a final determination when the | ||
person who filed the complaint or the alleged victim of misconduct | ||
asks the office to withdraw the complaint. | ||
Sec. 143A.158. COMPLAINT DETERMINATION AFTER | ||
INVESTIGATION. (a) After an investigation of a complaint is | ||
complete, the municipal attorney's office shall forward the | ||
investigation to the board or a panel of at least three board | ||
members. The board or panel shall review the case, including all | ||
evidence, and make a determination on each allegation in the | ||
complaint that has not been dismissed by the board or mediated. The | ||
board's determination must be made not later than six months after | ||
the date the board receives the complaint. | ||
(b) Except as provided by Subsection (c), the determination | ||
for each allegation in the complaint must be: | ||
(1) substantiated; | ||
(2) exonerated; | ||
(3) unfounded; | ||
(4) unsubstantiated; or | ||
(5) miscellaneous. | ||
(c) The board must determine that "the person complained | ||
about remains unidentified" if the person's identity has not been | ||
discovered after the investigation. | ||
(d) In this section, a "substantiated" determination means | ||
that a preponderance of the evidence shows that the person who is | ||
the subject of the complaint committed the alleged misconduct. | ||
(e) In this section, an "exonerated" determination means | ||
that a preponderance of the evidence shows that the person who is | ||
the subject of the complaint engaged in the actions alleged in the | ||
complaint but that the actions were not misconduct because the | ||
person's actions were lawful and proper. | ||
(f) In this section, an "unfounded" determination means | ||
that a preponderance of the evidence shows that the person who is | ||
the subject of the complaint did not commit the alleged misconduct. | ||
(g) In this section, an "unsubstantiated" determination | ||
means that the available evidence was insufficient to reach a | ||
determination on a preponderance of the evidence of substantiated, | ||
exonerated, or unfounded. | ||
(h) In this section, "miscellaneous" means that a | ||
preponderance of the evidence shows that the person who is the | ||
subject of the complaint is no longer a peace officer. | ||
Sec. 143A.159. NOTICE OF BOARD'S DETERMINATION. (a) The | ||
board shall notify the person who filed the complaint and each | ||
person who is the subject of the complaint of the board's | ||
determination. | ||
(b) The board shall also notify the employer of the peace | ||
officer who is the subject of the complaint of the board's | ||
determination. If the board finds that a complaint is | ||
substantiated, the board may recommend an appropriate disciplinary | ||
action to the employer. If the peace officer's employer fails to | ||
take disciplinary action against the peace officer before the 30th | ||
day after the date the board notifies the employer of its | ||
determination, the board shall forward the case to the attorney | ||
representing the state in the prosecution of felonies for the | ||
jurisdiction in which the misconduct occurred. | ||
SECTION 2. The initial members of a municipal civilian | ||
complaint review board shall be appointed as provided by Section | ||
143A.051, Local Government Code, as added by this Act, not later | ||
than October 1, 2011. | ||
SECTION 3. This Act takes effect September 1, 2011. |