The #TexasGeorgeFloydAct: What component bills are still moving in the #txlege homestretch?


Over the weekend, your correspondent put together an update on the status of all the various bills that make up the Texas George Floyd Act for the 65-group coalition promoting them, so let's re-post it here for Grits readers who may be interested. There are four weeks to go in the legislative session, so all these bills are in the make-or-break home stretch.
The Texas George Floyd Act, as distinct from federal legislation by the same name, fundamentally has eight component parts. These have also been broken up into individual, stand-alone legislation, and six of the eight have passed at least one chamber in the Texas Legislature and still have a chance to pass in 2021:
GFA Components: Ban arrests for traffic offenses Ban chokeholds Improve use-of-force standards Duty to render aid Duty to intervene Qualified immunity Disciplinary matrix Corroboration in drug cases
Here’s a list of individual bills still moving as of May 2, 2021, along with a summation of what’s not:
The #TexasGeorgeFloydAct: What component bills are still moving in the #txlege homestretch? HB 830: Banning Class C arrests. This bill was scaled back in committee to ban arrests only for traffic offenses in the Transportation Code. Still, this change would have eliminated roughly 95% of the 64,000 arrests at Texas traffic stops in 2019. The bill passed the Texas House with a bipartisan vote of 113-18, including 57 Democrats and 56 Republicans. It has yet to be referred to committee in the senate.
SB 69: Banning chokeholds and neck restraints by police unless it “is necessary to prevent serious bodily injury to or the death of the officer or another person.” The bill passed the Senate unanimously and is not yet scheduled for a hearing in the House.
HB 833: Improving use of force standards to require an imminent threat. This legislation did not make it out of the Homeland Security and Public Safety Committee and probably can no longer pass this session.
SB 2212: Duty to render aid. This legislation passed out of the senate unanimously, but could be improved to clear up some ambiguity around when the duty is triggered. Officers should render aid unless there’s an “imminent threat.” Alternatively, their duty to render aid to injured members of the public should be the same as when a police officer is injured. It has been referred to the House Homeland Security and Public Safety Committee and there will be a public hearing May 5th.
SB 68: Duty to intervene. This legislation requires law enforcement to intervene when they witness excessive force when a list of four qualifying factors are met. We believe meeting any of these factors justifies intervention and the bill need modest amendment to achieve its goals. The bill is scheduled for a hearing in the House Homeland Security and Public Safety Committee on May 5th.
HB 614: Qualified Immunity: Creating a new cause of action for civil rights violations that bypasses qualified immunity was one of the most prominent demands in the original Texas George Floyd Act. But it has received the most pushback of all and has not moved in either chamber.
HB 829: Creating a disciplinary matrix to ensure fair punishment. In civil service cities, a common excuse for arbitrators overturning police-officer discipline is punishment that differs from other cases. This bill requires those departments to have a disciplinary matrix specifying presumed punishments, and tells arbitrators punishments within those ranges must be presumed reasonable. This will make it easier for chiefs to fire bad cops and make it stick. This bill has yet to be referred to committee in the senate.
HB 834: Corroboration of police testimony in drug cases. This legislation reacts to George Floyd’s conviction based on the testimony of corrupt Houston narcotics officer Gerald Goines in a case with a fabricated informant. This is another bill that passed out of the Texas House with solid bipartisan support, this legislation enjoyed support in the lower chamber from the Sheriffs Association of Texas and the Texas Police Chiefs Association. This bill has yet to be referred to committee in the senate.
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For more background, check out the special, two-part podcast from Just Liberty on the Texas George Floyd Act: Here's Part One and Part Two.

[Author: Gritsforbreakfast]


Tags: Texas, Law, Senate, House, Houston, Texas Legislature, Texas House, Gritsforbreakfast, Homeland Security and Public Safety Committee, Gerald Goines, George Floyd

Source:  https://gritsforbreakfast.blogspot.com/2021/05/the-texasgeorgefloydact-what-component.html




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