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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Article 2.1395 Report required.

Art. 2.1395 is a law in Texas that requires law enforcement agencies to report incidents in which a person who is not a peace officer discharges a firearm and causes injury or death to a peace officer while the officer is performing official duties. The law was added to the Texas Code of Criminal Procedure in 2015 and has been amended once since then.


The law requires the Office of the Attorney General to create a written and electronic form for reporting such incidents. The form must include specific information, such as the date and location of the incident, the age, gender, and race or ethnicity of the officers and any persons who discharged a firearm and caused injury or death, and whether anyone was injured or died as a result of the incident.


Within 30 days of the incident, the law enforcement agency employing the injured or deceased officer must complete and submit a written or electronic report using the form created by the Attorney General's office. The report must include all the information specified in the law.


On March 1 of each year, the Attorney General's office must submit a report to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. The report must include the total number of incidents that occurred during the preceding year, a summary of the reports submitted to the office, and a copy of each report submitted.


The purpose of this law is to provide a comprehensive picture of incidents involving the discharge of firearms that cause injury or death to peace officers. By requiring law enforcement agencies to report these incidents, the state can gather data to identify trends, improve training and resources, and implement policies that can help reduce the number of incidents. Additionally, the information provided in the reports can help lawmakers and other stakeholders better understand the scope and impact of these incidents and develop strategies to prevent them.




Art. 2.1395. REPORTS REQUIRED FOR CERTAIN INJURIES OR DEATHS OF PEACE OFFICERS. (a) The office of the attorney general by rule shall create a written and electronic form for the reporting by law enforcement agencies of incidents in which, while a peace officer is performing an official duty, a person who is not a peace officer discharges a firearm and causes injury or death to the officer. The form must include spaces to report only the following information: (1) the date on which the incident occurred; (2) the location where the incident occurred; (3) the age, gender, and race or ethnicity of each injured or deceased peace officer involved in the incident; (4) if known, the age, gender, and race or ethnicity of each person who discharged a firearm and caused injury or death to a peace officer involved in the incident; and (5) whether the officer or any other person was injured or died as a result of the incident. (b) Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident must complete and submit a written or electronic report, using the form created under that subsection, to the office of the attorney general. The report must include all information described in Subsection (a). (c) Not later than March 1 of each year, the office of the attorney general shall submit a report regarding all incidents described by Subsection (a) that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. The report must include: (1) the total number of incidents that occurred; (2) a summary of the reports submitted to the office under this article; and (3) a copy of each report submitted to the office under this article. Added by Acts 2015, 84th Leg., R.S., Ch. 516 (H.B. 1036), Sec. 1, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 808 (H.B. 245), Sec. 2, eff. September 1, 2017.


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