Amends TCA Title 38.
This bill: (1) Removes the present law requirement that use of choke holds and other similar restraining maneuvers, with or without the use of a police baton, if included in the training curriculum, be taught to candidates at state law enforcement training facilities as an alternative method of restraint to be used after mace or other less dangerous methods of restraint have failed to be effective or are unavailable. This bill also revises the present law provision that limits a law enforcement officer's use of a choke hold or other similar respiratory restraining maneuver, with or without the use of a police baton, to situations where other methods of restraint are ineffective and that provides that this limitation does not apply to use of the lateral vascular maneuver. This bill instead prohibits a law enforcement officer from using a choke hold or other similar respiratory restraining maneuver, including the lateral vascular maneuver with or without the use of a police baton; (2) Requires, on and after July 1, 2022, all local law enforcement agencies in this state to provide body-worn cameras for each member of the law enforcement agency who interacts with members of the public. Under this bill, an officer must wear and activate a body-worn camera at any time the officer is interacting with a member of the public. If an officer fails to activate or tampers with body-worn or dash camera footage or operation, there will be a rebuttable presumption in any investigation and legal proceeding, whether criminal or civil, that the missing footage would have reflected misconduct by the officer. This bill provides a waiver provision for a department that is unable to comply with this requirement to seek a waiver from the attorney general; (3) Requires that all unedited video and audio recordings of an incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, be released to the public within 14 days after the incident; (4) Requires the attorney general and reporter to create an annual report consisting of the following information that this bill requires state and local law enforcement agencies to report: (A) All use of force by its officers that results in death or serious bodily injury, including certain specific information, as detailed in the text of the bill; (B) All instances when an officer resigned while under investigation for violating department policy; (C) All data relating to stops conducted by the agency's officers, including certain specific information identified in the text of this bill, including the perceived demographic information of the person stopped based on the observation and perception of the officer making the stop, the reason for the stop, and the result of the stop; and (D) All instances of unannounced entry into a residence, with or without a warrant, including certain specific information set out in the text of the bill; (5) Prohibits state and local law enforcement agencies from reporting the name, address, social security number, or other unique personal identifying information of the subject of the use of force, victim of the official misconduct, or persons stopped, searched, or subjected to a property seizure. However, this bill requires the attorney general to maintain a statewide database with data collected pursuant to this bill, in a searchable format, and publish the database on its website, and this information will be available to the public via that database; (6) Provides that if a state or local law enforcement agency fails to meet the reporting requirements described above, then the agency will be subject to the suspension of the agency's funding by the agency's appropriating authority; (7) Requires the immediate termination of an officer if the officer is convicted of or pleads guilty or nolo contendere to any inappropriate use of physical force, or a crime involving the unlawful use or threatened use of physical force, or for failing to intervene to prevent inappropriate use of physical force, or is found civilly liable for using excessive force. This bill also requires the POST commission to permanently revoke such an officer's certification, and prohibits the POST commission from reinstating the officer's certification or granting new certification to the officer. The POST commission must record each decertified officer in a searchable database on its website; (8) Requires a law enforcement officer to have an objective justification for making a stop. After making a stop, a law enforcement officer must report to the officer's employing agency specific information detailed in the text of this bill, which includes the perceived demographic information of the person stopped based on the observation and perception of the officer making the stop; the reason for and result of the stop, and actions taken during the stop; and (9) Requires a law enforcement officer to provide, without being asked, the officer's business card to any person whom the peace officer has detained in a traffic stop but has not cited or arrested. The business card must include identifying information about the officer, including, but not limited to, the officer's name, division, precinct, and badge or other identification number; a telephone number that may be used, if necessary, to report any comments, positive or negative, regarding the traffic stop; and information about how to file a complaint related to the stop. Under this bill, the identity of the reporting person and the report of any such comments that constitute a complaint will initially be kept confidential by the receiving law enforcement agency, to the extent permitted by law. The receiving law enforcement agency may obtain some identifying information regarding the complaint to allow initial processing of the complaint. If it becomes necessary for the further processing of the complaint for the complainant to disclose the complainant's identity, the complainant must do so or, at the option of the receiving law enforcement agency, the complaint may be dismissed.
This bill: (1) Removes the present law requirement that use of choke holds and other similar restraining maneuvers, with or without the use of a police baton, if included in the training curriculum, be taught to candidates at state law enforcement training facilities as an alternative method of restraint to be used after mace or other less dangerous methods of restraint have failed to be effective or are unavailable. This bill also revises the present law provision that limits a law enforcement officer's use of a choke hold or other similar respiratory restraining maneuver, with or without the use of a police baton, to situations where other methods of restraint are ineffective and that provides that this limitation does not apply to use of the lateral vascular maneuver. This bill instead prohibits a law enforcement officer from using a choke hold or other similar respiratory restraining maneuver, including the lateral vascular maneuver with or without the use of a police baton; (2) Requires, on and after July 1, 2022, all local law enforcement agencies in this state to provide body-worn cameras for each member of the law enforcement agency who interacts with members of the public. Under this bill, an officer must wear and activate a body-worn camera at any time the officer is interacting with a member of the public. If an officer fails to activate or tampers with body-worn or dash camera footage or operation, there will be a rebuttable presumption in any investigation and legal proceeding, whether criminal or civil, that the missing footage would have reflected misconduct by the officer. This bill provides a waiver provision for a department that is unable to comply with this requirement to seek a waiver from the attorney general; (3) Requires that all unedited video and audio recordings of an incident, including those from body-worn cameras, dash cameras, or otherwise collected through investigation, be released to the public within 14 days after the incident; (4) Requires the attorney general and reporter to create an annual report consisting of the following information that this bill requires state and local law enforcement agencies to report: (A) All use of force by its officers that results in death or serious bodily injury, including certain specific information, as detailed in the text of the bill; (B) All instances when an officer resigned while under investigation for violating department policy; (C) All data relating to stops conducted by the agency's officers, including certain specific information identified in the text of this bill, including the perceived demographic information of the person stopped based on the observation and perception of the officer making the stop, the reason for the stop, and the result of the stop; and (D) All instances of unannounced entry into a residence, with or without a warrant, including certain specific information set out in the text of the bill; (5) Prohibits state and local law enforcement agencies from reporting the name, address, social security number, or other unique personal identifying information of the subject of the use of force, victim of the official misconduct, or persons stopped, searched, or subjected to a property seizure. However, this bill requires the attorney general to maintain a statewide database with data collected pursuant to this bill, in a searchable format, and publish the database on its website, and this information will be available to the public via that database; (6) Provides that if a state or local law enforcement agency fails to meet the reporting requirements described above, then the agency will be subject to the suspension of the agency's funding by the agency's appropriating authority; (7) Requires the immediate termination of an officer if the officer is convicted of or pleads guilty or nolo contendere to any inappropriate use of physical force, or a crime involving the unlawful use or threatened use of physical force, or for failing to intervene to prevent inappropriate use of physical force, or is found civilly liable for using excessive force. This bill also requires the POST commission to permanently revoke such an officer's certification, and prohibits the POST commission from reinstating the officer's certification or granting new certification to the officer. The POST commission must record each decertified officer in a searchable database on its website; (8) Requires a law enforcement officer to have an objective justification for making a stop. After making a stop, a law enforcement officer must report to the officer's employing agency specific information detailed in the text of this bill, which includes the perceived demographic information of the person stopped based on the observation and perception of the officer making the stop; the reason for and result of the stop, and actions taken during the stop; and (9) Requires a law enforcement officer to provide, without being asked, the officer's business card to any person whom the peace officer has detained in a traffic stop but has not cited or arrested. The business card must include identifying information about the officer, including, but not limited to, the officer's name, division, precinct, and badge or other identification number; a telephone number that may be used, if necessary, to report any comments, positive or negative, regarding the traffic stop; and information about how to file a complaint related to the stop. Under this bill, the identity of the reporting person and the report of any such comments that constitute a complaint will initially be kept confidential by the receiving law enforcement agency, to the extent permitted by law. The receiving law enforcement agency may obtain some identifying information regarding the complaint to allow initial processing of the complaint. If it becomes necessary for the further processing of the complaint for the complainant to disclose the complainant's identity, the complainant must do so or, at the option of the receiving law enforcement agency, the complaint may be dismissed.
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