BCCO PCT #4 PowerPoint

1. 2015–2017 STATE AND FEDERAL LAW UPDATE84TH LEGISLATIVE SESSION UNIT ONE & TWO PARTICIPANT HANDOUT AND George D. Little Deputy Chief BCCO PCT #4 BCCO PCT #4 PowerPoint BCCO PCT #4 PowerPoint

2. ADMINISTRATIVE • Please complete the BCCO PCT #4 Registration form and turn it in now. • Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). • All cell phones off please – pay attention to course materials and show common respect & courtesy.

3. Your Instructor – Course Facilitator and Mentor Trainer Deputy Chief George D. Little A.S. & B.S. Criminal Justice & Sociology B.S.CJ Wayland Baptist University, San Antonio M.S. Criminology & Counter-Terrorism University of the State of New York(P) 2012 T.C.O.L.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCOLE Basic Instructor Certificate 1984 TCOLE Advanced Instructor 2012 TCOLE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Military Police Investigations (MPI) & Criminal Investigation Division (CID) Special Agent Graduate Drug Enforcement Administration Academy 1977 44- years Law Enforcement Experience 40-Years Teaching & Instructor Experience (See your participant handout for more…..documented LEO experiences)

4. 2015–2017 STATE AND FEDERAL LAW UPDATE84TH LEGISLATIVE SESSION

5. COURSE/LESSON OVERVIEW The course material contained in this document will cover a variety of topics. UNIT ONE: TRAINING REQUIREMENTS & TCOLE Changes UNIT TWO: Important Supreme Court Of The United States Opinions (SCOTUS) UNIT THREE: Changes to Texas Penal Code

6. UNIT FOUR: Changes to the Texas Code of Criminal Procedures UNIT FIVE: Changes to the Texas Transportation Code UNIT SIX: Changes to the Texas Health & Safety Code UNIT SEVEN: Changes to Other Texas Statutes

7. Learning Objectives Learning Objective 1.0 : The participant Will Be Able To (“PWBAT”) identify current training requirements and TCOLE changes. Learning Objective 2.0: PWBAT identify recent court opinions that will have or have had an impact on the administration of justice in Texas Learning Objective 3.0: PWBAT recognize selected changes to the Texas Penal Code

8. Learning Objectives – Cont’d Learning Objective 4.0: SWBAT recognize selected changes to the Texas Code of Criminal Procedure. Learning Objective 5.0:SWBAT recognize pertinent selected changes to the Texas Transportation Code Learning Objective 6.0 : SWBAT recognize pertinent selected changes to the Texas Health and Safety Code. Learning Objective 7.0: SWBAT recognize pertinent selected changes to other Texas statutes.

9. Introduction The sources are listed in your Participant Handout to help answer any detailed questions that you may have. Interpretation should come from the Bexar County District Attorney (Prosecutor)

11. Disclaimer Reminder that any new laws or significant changes to existing statutes sometimes require an Attorney General’s opinion to know how the laws were intended to be enforced.

12. Disclaimer – Cont’d: Further, all legislative changes are subject to interpretation, conflict resolution, and implementation by trialcourt and appellatecourt opinions.

13. UNIT ONE Training Requirements and TCOLE changes Texas Peace Officer Requirements Texas New Legislation SENATE & HOUSE BILLS

14. Texas Peace Officer Requirements Texas peace officers are required to complete specific training requirements to maintain licensure.

15. Texas Peace Officer Requirements – Continued Deputy Constables/Officers holding a basic proficiency certificate or lower must,in addition to all other training mandates, complete the following courses within the 09/01/2013 through 08/31/2017 quadrennial training cycle:2

16. Texas Peace Officer Requirements – Continued complete the following courses within 09/01/2013 through 08/31/2017 • _______ _________ Topics #3232 • ______________Diversity #3939 • Crisis Intervention Training #3843

17. Texas Peace Officer Requirements – Continued All Texas peace officers, regardless of certification level, must complete a minimum of ___ hours of in-service training during each biennial training unit. This training must include a TCOLE-approved state and federal legalupdatecourse (TCOLEcourse 3184 for the 2015-2017 unit).

18. TCOLEDefines A “cycle” is _____ years; training mandates are found in TCOLE Rules §218.3 (d) A “unit” is _____ years; legal update mandate found in TCOLE Rules §218.3 (a)

19. Texas Peace Officer Requirements – Continued A peace officer first licensed on or after January 1, 2011, must complete a basic training program on the trafficking of persons within one year of licensing. Because of the way the enabling statute is written, the Human Trafficking course that satisfies this requirement may not be contained…

20. Texas Peace Officer Requirements – Continued CONT’D: within an officer’s basic peace officer academy training; it must be taken _______ the officer is licensed (i.e., sworn in with a law enforcement agency).

21. Texas New Legislation SENATE & HOUSE BILLS A new law, HB 593, requires peace officers to complete a minimum four-hour bloc of training on “_____________________” within two years of initial licensure if that training was not a part of the officer’s basic academy training. Effective January 1, 2016, the canine encounter training

22. Texas New Legislation SENATE & HOUSE BILLS – Cont’d becomes an intermediate and advanced certification course. TCOLE is required by this new statute HB-593 to review the canine encounterscurriculum at least once every _____years.

23. TREND

24. Texas New Legislation SENATE & HOUSE BILLS – Cont’d The bill HB-593 does state that an officer who has previously attended a canine encounter class of at least fourhours does not need to repeat the class for TCOLE purposes.

25. HB-1138 Finally Texas Peace Officerswill now have important knowledge and skills in dealing with citizens suffering from Traumatic ______ ________ . This is long over due for our citizens and especially our ___________. It is not their fault they have these injuries, many with PTSD obtained this from serving their (our) country in Combat!

27. Texas New Legislation SENATE & HOUSE BILLS – Cont’d Another legislatively required change to TCOLE training is from HB 1338, which amends the Texas Occupations Code. This bill requires TCOLE, in collaboration with the office of acquired brain injury of the Health and Human Services Commission and the Texas Traumatic Brain Injury Advisory………

28. Texas New Legislation SENATE & HOUSE BILLS – Cont’d Council, to establish and maintain a training program for peace officers and other _____ ___________ that provides information on the effects of an acquired braininjury and of a traumatic brain injury (“TBI”) and techniques to interact with those……………

29. Texas New Legislation SENATE & HOUSE BILLS – Cont’d who have an acquired brain injury or a traumatic brain injury. Further, HB 1338 requires TCOLE in collaboration with the Texas Veterans Commission, to establish and maintain a training program for peace officers that provides information on ________ with combat-related trauma, post-traumatic

30. Texas New Legislation SENATE & HOUSE BILLS – Cont’d stress, post-traumatic stress disorder, or a traumatic brain injury. An officer is not permitted under this new law to complete the training by taking an online course. The Trauma-Affected Veteran training will be incorporated by TCOLEinto the Crisis Intervention Training (“CIT”) course.

31. TRAUMATIC BRAIN INJURY (TBI) Common SYMPTOMS These are some symptoms of TBI, but depend on the severity of the impact and the area of the brain affected: • ____________ • ____________ • ____________ • Vomiting • Lack of motor coordination  • Change in sleep patterns  • Emotional symptoms mood-swings

32. SERIOUS SYMPTOMS TBI • Difficulty _______ or concentrating • Severe painful headaches • Severe nausea • __________ _____________ • Memory problem (loss) • _________________ • Seizures

33. TBI

34. Texas New Legislation SENATE & HOUSE BILLS – Cont’d A major change in mandated training for law enforcement supervisorscomes in the form of HB 3211, which completely rewrites the way new supervisor training must be handled.

35. Texas New Legislation SENATE & HOUSE BILLS – Cont’d Previously, newly appointed law enforcement supervisors were required to complete the TCOLENew Supervisor Course (#3737) within ____ months after the officer’s first appointment to a supervisory position.

36. Texas New Legislation SENATE & HOUSE BILLS – Cont’d Effective 09/01/2015, HB 3211 amends Occupations Code §1701.352(d) to require a peace officer who is appointed or who will be appointed to the officer's first supervisory position to receive in-service training on supervision not earlier than the ___month before the

37. Texas New Legislation SENATE & HOUSE BILLS – Cont’d date of that appointment or later than the first anniversary of the date of that appointment. This change permits LE agencies to train their new leaders ________ putting them into the supervisory position.

38. Texas New Legislation SENATE & HOUSE BILLS – Cont’d HB 2053 adds a course on the use of the Child Safety Check Alert List to the classes required for an officer to obtain an intermediate or advanced proficiency certificate.

40. Texas New Legislation SENATE & HOUSE BILLS – Cont’d HB 2684 requires school district peace officers and school resource officers at school districts with an enrollment of 30,000 students or more to go through Child Behavior training.

41. Texas New Legislation SENATE & HOUSE BILLS – Cont’d SB 1987 requires that training on interactions with deaf and hard of hearing drivers be completed as part of the Basic Peace Officer Course or to obtain an _______________ proficiency certificate.

42. Texas New Legislation SENATE & HOUSE BILLS – Cont’d Senate Bill 1987 also amends the Transportation Code11 to provide for the Texas Department of Motor Vehicles' issuance of specialty license plates for persons who are deaf or hard of hearing. A license plate issued under this new law must include an emblem indicating that the person operating the vehicle is _________ or hard of _______________.

43. Texas New Legislation SENATE & HOUSE BILLS – Cont’d Like many of the other TCOLE technical proficiency certificates, the Investigative Hypnosis Proficiency Certificate now expires after two years. TCOLE Rule 221.7, Investigative Hypnosis Proficiency, requires holders of the TCOLE Investigative Hypnosis Proficiency Certificate to complete

44. Texas New Legislation SENATE & HOUSE BILLS – Cont’d update training at least __________ during each biennial training unit in order to keep that certificate valid. This rule change went into effect on October 17, 2013.

45. Texas New Legislation SENATE & HOUSE BILLS – Cont’d One of the big changes you will notice is that there have been several areas in the Rules that are now numbered differently from before. For example, as of November 11, 2014, §217.1 (Minimum Standards for Enrollment and Initial Licensure) has all of the rules for enrollment in basic training courses

46. Texas New Legislation SENATE & HOUSE BILLS – Cont’d And initial licensing in one place. Administrators and officers no longer have to look in one section for peace officers, another for jailers, and a third for Telecommunicator’s.

47. Texas New Legislation SENATE & HOUSE BILLS – Cont’d One huge change made by the 84th legislature was designed to address the ongoing ________ of qualified applicants for peaceofficer jobs. The legislature recognized that there is a large pool of highly qualified, experienced, former officers whose peace officer licenses have…..

48. Texas New Legislation SENATE & HOUSE BILLS – Cont’d expired but who would otherwise be excellent applicants HB 872, effective 09/01/2015, permits former Texas peace officers to reactivate their peace officer license if the officer:

49. Texas New Legislation SENATE & HOUSE BILLS – Cont’d (1)completed at least 10 years of full-time service as a peace officer in good standing before the break in employment; (2) meets current licensing standards;