SB280 - Relating to municipal civilian complaint review boards for peace officer misconduct in certain municipalities.

  89R381 MP-F     By: Miles S.B. No. 280       A BILL TO BE ENTITLED   AN ACT   relating to municipal civilian complaint review boards for peace   officer misconduct in certain municipalities.          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 FOR PEACE   OFFICER MISCONDUCT IN CERTAIN MUNICIPALITIES   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   143A.001.     APPLICABILITY. This chapter applies only to   a municipality with a population of 200,000 or more.           Sec. 143A.002.  DEFINITIONS. In this chapter:                 (1)     "Board" means a municipal civilian complaint   review board for peace officer misconduct.                 (2)     "Peace officer" means a peace officer described by   Article 2.12, Code of Criminal Procedure, appointed or employed to   serve as a peace officer for a municipality.           Sec.   143A.003.     MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD   FOR PEACE OFFICER MISCONDUCT. A board is established in each   municipality subject to this chapter to investigate complaints   alleging peace officer misconduct.   SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD FOR PEACE   OFFICER MISCONDUCT           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 wholly or 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 wholly or primarily   located.           Sec.   143A.052.     INELIGIBILITY. A person is ineligible to   serve as a board member if the person:                 (1)  is a municipal employee;                 (2)  holds a public office; or                 (3)     has experience as a law enforcement professional,   including as:                       (A)  a peace officer;                       (B)  a criminal investigator;                       (C)  a special agent; or                       (D)     a managerial or supervisory employee with   substantial policy discretion on law enforcement matters in a   federal, state, or local law enforcement agency, other than as an   attorney in a prosecutorial agency.           Sec.   143A.053.     TERMS. A board member is appointed for a   two-year term.           Sec.   143A.054.     PRESIDING   OFFICER. The presiding officer of   the governing body of the municipality shall designate a board   member to serve as the presiding officer of the board at the   pleasure of the presiding officer of the governing body of the   municipality.           Sec.   143A.055.     GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A   board member may be removed from a board if the member:                 (1)     is ineligible for membership under Section   143A.052;                 (2)     cannot discharge the member's duties for a   substantial part of the member's term because of illness or   disability; or                 (3)     is absent from more than half of the regularly   scheduled board meetings 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 duties of the   board.   SUBCHAPTER C. GENERAL POWERS AND DUTIES           Sec.   143A.101.     EXECUTIVE DIRECTOR. A board may employ an   executive director as 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.   SUBCHAPTER D. INVESTIGATION OF COMPLAINTS           Sec.   143A.151.     INVESTIGATION OF COMPLAINTS. A board may   investigate a complaint that alleges peace officer misconduct   involving:                 (1)  excessive use of force;                 (2)     improper use of power to threaten, intimidate, or   otherwise mistreat a member of the public;                 (3)  a threat of force;                 (4)  an unlawful act, search, or seizure; or                 (5)  other abuses of authority.           Sec.   143A.152.     FILING OR BOARD INITIATION OF COMPLAINT.     A   complaint may be:                 (1)  filed under Section 143A.153; or                 (2)  initiated by a majority vote of the board.           Sec.   143A.153.     COMPLAINT ALLEGING MISCONDUCT. (a) A person   may file a complaint with a board alleging peace officer   misconduct.           (b)  A complaint must:                 (1)  be in writing;                 (2)     allege the peace officer engaged in misconduct   described by Section 143A.151; and                 (3)  describe the alleged misconduct.           (c)     A person may file a complaint regardless of whether the   person is the alleged victim of the misconduct.           Sec. 143A.154.  COMPLAINT REVIEW PROCEDURE. A board shall:                 (1)     develop a system to promptly and efficiently act   on a complaint filed with or initiated by the board;                 (2)  maintain information regarding:                       (A)  the parties to each complaint;                       (B)  the subject matter of each complaint;                       (C)     the results of the investigation of a   complaint; and                       (D)  the disposition of each complaint;                 (3)     make information available describing the board's   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; and                 (6)     provide the parties to the complaint with the   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. A subpoena must relate to a matter under   investigation by the board.           (b)     If a person refuses to comply with a subpoena issued   under this section, the board may apply to a court for an order to   compel the person to comply with the subpoena. Failure to comply   with the court order is punishable as contempt.           Sec.   143A.156.     DISMISSAL OF CERTAIN ALLEGATIONS; GROUNDS   FOR CLOSING INVESTIGATION. A board may dismiss an allegation in a   complaint that the board elects to investigate under Section   143A.151 and close an investigation without reaching a final   determination if the person who filed the complaint or the alleged   victim of the misconduct that is the subject of the complaint   requests the dismissal.           Sec.   143A.157.     INVESTIGATION OF COMPLAINT BY MUNICIPAL   ATTORNEY. (a)   A board shall forward each complaint that the board   elects to investigate under Section 143A.151 to the municipal   attorney.           (b)     The municipal attorney shall investigate the complaint   by:                 (1)  interviewing and obtaining a statement from:                       (A)  the complainant;                       (B)     each peace officer who is the subject of the   complaint; and                &#xA [Text truncated for display. Full text available on LegiScan.]