Landgraf Bill Lets One Teen Felony Theft Waive Into Policing

The text as introduced · 845 words

90R4539 JCG-D

By: Landgraf
H.B. No. 726

A BILL TO BE ENTITLED

AN ACT

relating to a waiver of a disqualification for peace officer

training and licensure based on committing felony theft.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is

amended by adding Section 1701.3125 to read as follows:

Sec. 1701.3125. WAIVER OF CERTAIN DISQUALIFICATIONS

INVOLVING FELONY THEFT OFFENSE. (a) Notwithstanding Sections

1701.255 and 1701.312, the chief administrator of a law enforcement

agency that intends to employ an applicant as a full-time peace

officer may request that the commission waive a minimum standard

for enrollment in a basic peace officer training course or for

initial licensure as a peace officer that would otherwise

disqualify the applicant solely because of the applicant's

placement on deferred adjudication community supervision for the

offense described by Subsection (b)(1).

(b) An applicant is eligible for a waiver under this section

only if:

(1) before the applicant's 21st birthday, the

applicant committed a single offense under Section 31.03, Penal

Code, for which the applicant was placed on deferred adjudication

community supervision, and the offense:

(A) arose from a single transaction;

(B) was classified, under the law in effect on

the date the offense was committed, as a state jail felony based

solely on the value of the property stolen; and

(C) was not classified using amounts aggregated

under Section 31.09, Penal Code;

(2) the applicant has never been convicted of a felony

offense and, other than the deferred adjudication community

supervision described by Subdivision (1), has never been placed on

community supervision for a felony offense;

(3) the applicant successfully completed the deferred

adjudication community supervision described by Subdivision (1)

and the court dismissed the proceedings against the applicant and

discharged the applicant;

(4) the court dismissed the proceedings and discharged

the applicant as described by Subdivision (3) at least 15 years

before the date the waiver request is submitted;

(5) the applicant has satisfied all restitution,

fines, fees, and court costs ordered in connection with the offense

described by Subdivision (1);

(6) the conduct underlying the offense described by

Subdivision (1) did not involve:

(A) actual or threatened bodily injury or

coercion;

(B) the use or exhibition of a deadly weapon as

defined by Section 1.07, Penal Code;

(C) family violence, as defined by Section

71.004, Family Code;

(D) abuse of public office or public employment;

or

(E) the theft of a firearm; and

(7) the applicant:

(A) is not currently charged with a criminal

offense the conviction of which would disqualify the applicant from

enrollment in a basic peace officer training course or for

licensure as a peace officer; and

(B) except for the minimum standard to be waived

under this section, satisfies all other requirements for enrollment

and licensure provided by this chapter and commission rule.

(c) A waiver request under this section must include,

regarding the offense described by Subsection (b)(1):

(1) all available court records, community

supervision records, and offense reports relating to the offense;

(2) a written statement of the applicant concerning

the offense; and

(3) evidence regarding the applicant's:

(A) rehabilitation;

(B) employment, community service, and relevant

accomplishments after the date of the offense; and

(C) present value to the community.

(d) The commission may grant a waiver under this section

only after conducting an individualized review and making a written

determination that:

(1) the applicant has demonstrated rehabilitation;

and

(2) granting the waiver would not:

(A) create an unreasonable risk to public safety;

or

(B) undermine public trust in law enforcement.

(e) Except as provided by Subsection (f), a person for whom

a waiver is issued under this section may be appointed or employed

as a peace officer only by the law enforcement agency to whom the

waiver was issued.

(f) A waiver granted under this section may be transferred

to another law enforcement agency only with the approval of the

commission granted before the date the person for whom the waiver

was issued separates from the law enforcement agency that holds the

waiver.

(g) Unless the waiver has been transferred as provided by

Subsection (f), a waiver under this section expires on the date the

peace officer for whom the waiver was issued separates from the law

enforcement agency holding the waiver.

(h) The issuance of a waiver under this section does not

entitle an applicant to enrollment in a basic peace officer

training course, licensure as a peace officer, appointment as a

peace officer, or employment in any capacity with a law enforcement

agency and does not waive any requirement under this chapter other

than the minimum standard described by Subsection (a).

(i) The commission shall adopt rules to implement this

section. The commission shall base the rules adopted under this

subsection on the rules applicable for waivers involving

disqualifying misdemeanor offenses.

SECTION 2. Not later than January 1, 2028, the Texas

Commission on Law Enforcement shall adopt rules to implement

Section 1701.3125, Occupations Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2027.