Calls for criminal justice reform are growing, and there are several bills in the Texas legislature that could bring about some of the change that people are looking for.
A University of Houston poll conducted this year reveals that Texans across the political spectrum support criminal justice reform, from ending arrests to including ending arrests for non-jailable offenses (74% support), providing a duty to intervene when police witness excessive force (91% support) and adding more police training on the use of force (91% support).
The Texas Legislature’s George Floyd Act includes eight different bills. Each addresses an element of police reform, from qualified immunity to officers intervening when excessive force is used, a progressive disciplinary matrix and corroboration of testimony in criminal cases involving controlled substances.
Senate Bill 2212 focuses on the duty of a peace officer to request and render aid for an injured person. Currently there is no statewide requirement for peace officers to request and render aid, and this bill would establish that duty.
“It has been suggested that because officers are public servants, this should be a function that all officers undertake, provided that doing so would not place the officer in danger. SB 2212 seeks to establish a duty for officers statewide to request and render aid for injured persons they encounter while discharging their official duties, with certain exceptions for the officer's health and safety," an analysis of the bill explains.
George Floyd’s death raised public concerns over the use of force against suspects, and Senate Bill 68 is the legislature’s attempt to curb that force. It would require police officers to stop or prevent other officers from using excessive force.
When it comes to response of officers when others use excessive force against a suspect, the analysis for Senate Bill 68 says that it’s possible “other officers do not intervene against this misconduct due to the fear of retaliation by peers and the potential detriment to their own career. Advocates for policies requiring officers to intervene against the use of excessive force by fellow officers argue that these policies will benefit law enforcement organizations by enhancing overall professionalism and relationships with those they serve in their community.”
Legislators may also take up the task of developing a disciplinary matrix to ensure that police officers are punished and that the punishment is uniform from department to department, when they take up discussion on House Bill 829.
Often, when an officer is punished and they appeal, according to a Just Liberty brief on HB 829, "the chief's discipline for misconduct is often overturned on appeal, not because the facts were wrong, or because the policy wasn't violated, but because the chief treated another officer in similar circumstances differently."
The bill analysis notes that HB 829 could ensure greater uniformity in discipline of peace officers across the state by requiring an applicable Firefighters' and Police Officers' Civil Service Commission to adopt a progressive disciplinary matrix to govern police officer misconduct.
There are several other bills worth noting that are still up for consideration.
To reform corroboration of witness testimony, House Bill 834 would require “a second witness or other evidence to corroborate the word of a single person for a conviction in a drug case, even if that person is a police officer,” according to Just Liberty, a Texas-based bipartisan criminal justice reform group.
There’s also House Bill 830, which could limit police authority to arrest an individual for specific fine-only misdemeanors. In 2020, more than 41,000 Texans were arrested for Class C misdemeanors (offenses for which people are not to be jailed). The punishment for these is a fine up to $500, according to Texas law.
Other popular initiatives, like reforming qualified immunity, did not advance this legislative session despite growing bipartisan support and calls for action. For example, the SE Texas Record reports that U.S. Fifth Circuit Judge Don Willett, a staunch conservative, has become increasingly frustrated with what he calls "entrenched, judge-made [qualified immunity] doctrine” seemingly “Kevlar-coated” against reform, and smacking of "qualified impunity."