HDC Legislation Filed on Criminal Justice and Policing Reforms

Over the years, Texas House Democrats have repeatedly fought for expanding criminal justice and policing reforms. Below is a sample overview
of some key legislation offered by Democrats since Gov. Abbott took office in 2015; the list is not comprehensive.

Though several bills detailed below have become law, the vast majority have yet to be passed by the Texas Legislature.

Author Bill Session Overview Status

Requires that a peace officer obtain a search warrant before conducting a body cavity Passed
Chair Dutton HB 324 84th
search during a traffic stop.
Would have set training and education standards for TDCJ correctional officers,
including on-the-job training, mental health crisis intervention training and continuing
Rep. Rose HB 1855 84th education. The department would be allowed to suspend or otherwise discipline an Did not pass
officer who failed to comply with the education requirements. The Governor vetoed
this bill.
Requires the Texas Juvenile Justice Department to provide competency-based
Chair Dutton HB 2372 84th training to each juvenile correctional officer employed by the department, which Passed
must include on-the-job training.
Would have created an advisory committee to examine and recommend a plan to
Rep. Rose HB 2626 84th increase the minimum age of juvenile jurisdiction from 10 years of age to 13 years of Did not pass
age.
Chair Anchía HB 236 85th Would have equalized exoneree compensation. Did not pass

Rep. Jarvis Would have required regular psychological examination of peace officers by the Texas
HB 625 85th Did not pass
Johnson Commission on Law Enforcement.
 Would have allowed defendants in county jails to participate in electronic monitoring
Rep. Rose HB 1287 85th as an alternative to serving all or part of a sentence of confinement if the defendant Did not pass
had been placed on community supervision.

Chair Coleman HB 2702 85th The Sandra Bland Act. Passed

Would have strengthened independent investigations of deaths involving peace
Chair Anchía HB 3681 85th Did not pass
officers.
Would have improved and diversified the composition and formation of civilian
Rep. Thierry HB 4005 85th Did not pass
complaint review boards.
Chair Requires all high school students, future drivers, and law enforcement to learn
SB 30 /
Thompson & 85th civilians' rights, the duties of law enforcement, and proper behavior during Passed
HB 1864
Chair Coleman interactions.
Rep. Moody HB 63 86th Would have decriminalized personal use and marijuana possession. Did not pass

Corrected the default fee a Commissioners Court sets for services by the offices of
Rep. Mary
HB 145 86th the sheriff and constables in a given year to reflect a recent date, rather than decades Passed
González
prior.
Rep. Moody HB 147 86th Would have closed the “dead suspects” loophole in the Public Information Act. Did not pass
Would have made it more difficult for the state to seize assets by raising the burden
Rep. Canales HB 182 86th of proof prosecutors must meet from “a preponderance of the evidence” to “clear Did not pass
and convincing evidence.”
Would have required the appointment of a special prosecutor when there is a police
Rep. Reynolds HB 215 86th Did not pass
officer involved injury or death.
 Would have provided an automatic suppression period for nonviolent misdemeanor
offenses during which the record of the offense is suppressed. If the offender does
Rep. Gervin-
HB 229 86th not commit another offense during this period then the charge will be expunged. If Did not pass
Hawkins
they do reoffend then the charge will no longer be suppressed and will appear on
their record.
Rep. Gervin- The Trespass Management Bill; would have allowed police officers to respond to
HB 395 86th Did not pass
Hawkins criminal trespass by issuing a citation rather than arresting the offender.

Civil Asset Forfeiture; currently, law enforcement can seize a persons’ cash and
Chair property without charging the person with a crime. HB 404 would have required a
HB 404 86th Did not pass
Thompson conviction in order for the “seizing entity” to retain the seized assets and the assets
seized must have been connected to the charged offense.

Would have removed the requirement to arrest individuals on every violation by

Rep. Rose HB 745 86th allowing discretionary privilege on the arrest. Requiring the officer to notify a Did not pass
magistrate if the officer has probable cause a crime has been committed.
Would have established a civilian board in large cities and counties to investigate
Rep. Thierry HB 796 86th Did not pass
complaints of police misconduct and recommend disciplinary action.
Rep. Jarvis
HB 804 86th Would have limited the authority of peace officers to conduct certain searches. Did not pass
Johnson
Chair Anchía HB 930 86th Would have repealed stand your ground. Did not pass

Rep. Moody HB 1020 86th Would have required agencies to adopt policies around cite and release. Did not pass
Would have repealed the authority of political subdivisions to adopt or enforce
juvenile curfews. Curfew ordinances disproportionately affect youth of color, lead to
Rep. Israel HB 1332 86th Did not pass
negative outcomes in school, and increase the likelihood for future interactions with
the justice system.

Rep. Wu HB 1364 86th Would have changed the age of criminal responsibility from 10 to 12 years of age. Did not pass
 Would have allowed judges to place a parent, or the primary caretaker of a child, in
community supervision instead of in prison. This would have enabled the primary
caretaker to receive rehabilitative services and allowed the parent to remain in the
Chair
HB 1389 86th community to work and continue to support their children. Children of incarcerated Did not pass
Thompson
parents have higher rates of mental health and behavioral health issues, poorer
eating and sleeping habits than their peers, and are more likely to become victims of
abuse and human trafficking.

Would have abolished the death penalty for a person with serve mental illness at the
Rep. Rose HB 1936 86th Did not pass
time of the committed offense.

Would have provided and required education and training for peace officers
Rep. Bowers HB 2405 86th regarding trauma-informed techniques to facilitate interactions with homeless Did not pass
individuals.

Rep. Meza HB 2541 86th Would have allowed for a study of no-knock entries conducted in this state. Did not pass

Would have created a statewide Restorative Justice Coordinating Council to support

school districts in creating restorative disciplinary plan alternatives to punitive school
Rep. Talarico HB 2991 86th Did not pass
disciplinary measures, especially suspensions, that lead to high recidivism rates and
rarely rehabilitate students but are still heavily used by Texas schools.

Would have given a victim of police misconduct a 30-day advanced notice of any
hearing sought to appeal the discipline that resulted from the original incident. The
bill would create a process for victim participation in a hearing over an officer's
Rep. Hinojosa HB 3464 86th demotion, giving the victim(s) of the original incident the right to actively participate Did not pass
in the hearing. Currently, under Texas law victims have the right to attend these
hearings but the lack of advanced notice leaves them inaccessible, harming
transparency in our government process.
Would have required instruction on the trafficking of persons be included in the basic
Rep. Rose HB 3527 86th Did not pass
training curriculum for peace officers.
 Would have prohibited the revocation of community supervision for certain state jail
Rep. Sherman HB 3831 86th Did not pass
felony defendants and third-degree felony defendants based on technical violations.

Rep. Wu HB 4268 86th Would have changed the age of criminal responsibility from 17 to 18 years of age. Did not pass
Fixes the mental health transportation language; strengthens the Texas Commission
on Jail Standards oversight of privately operated jails; expands the prisoner safety
fund to jails with 288 beds or fewer from 96 beds or fewer; allows for in-kind
Chair Coleman HB 4468 86th contributions for healthy community collaboratives and lowering the match amount Passed
for rural counties from a dollar for a dollar to a quarter for a dollar; requires jailers to
be enrolled in basic training within 90 days of receiving their temporary license; and
prevents a temporary jailer from becoming a supervisor.
Contained parts of the Sandra Bland Act that did not pass last session and would have
Chair Coleman HB 4571 86th Did not pass
attempted to limit arrests for fine-only offenses.
Would have required the attorney general to appoint a special prosecutor to
Rep. Reynolds HJR 22 86th Did not pass
prosecute certain offenses that are committed by police officers.
HB 1 Would have provided and required body worn cameras by all prison guards in a
Rep. Sherman 86th Did not pass
Rider prison facility.
SB 306 / Clarifies that a law enforcement officer may release a publicly intoxicated individual
Rep. Israel 86th Passed
HB 830 to a sobering center to safely recover, serving as an effective alternative to jailing.
SB 583 / Requires judges to appoint an attorney from the public defender’s office for an
Rep. Rose 86th Passed
HB 3539 indigent criminal defendant if there is a public defender’s office.
Helps promote communication between local law enforcement and those in the
community who coordinate the services offered by Local Mental Health Authorities
Chair Coleman SB 632 86th Passed
(LMHAs). This bill will help people who need help but get diverted away from jails and
into treatment instead.
Filed an amendment that would have included a provision requiring police to explain
Rep. Moody SB 815 86th Did not pass
why they made a class C arrest instead of issuing a citation, but the bill was vetoed.