Texas 2023 - 88th Regular

Texas Senate Bill SB185

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the retention and required disclosure under the public information law of certain complaints alleging official oppression.

Impact

If enacted, SB185 will influence several areas of state law concerning police conduct and public records. By mandating the retention of complaints, the bill reinforces the principle that law enforcement agencies must be transparent regarding allegations of misconduct. It also aligns with broader efforts across the nation to increase police accountability amid heightened scrutiny of law enforcement practices. The adjustments to the Local Government Code and Government Code reflect a significant shift toward protecting public access to information about law enforcement officers.

Summary

SB185 aims to enhance transparency in law enforcement by establishing requirements for the retention and disclosure of complaints against police officers alleging official oppression. The bill stipulates that complaints must be retained for a minimum of five years after an officer's employment ends, with a summary or abstract of these complaints preserved indefinitely. This measure is designed to ensure that there is a reliable record of complaints that can be accessed by the public, thereby fostering greater accountability among police forces.

Sentiment

The sentiment surrounding SB185 appears to be largely supportive among advocates for police reform and transparency. Proponents argue that the bill is a crucial step toward building trust between police departments and the communities they serve. However, there may be concerns from law enforcement agencies regarding the possibility of increased scrutiny and the implications of maintaining records that could affect officers' careers. Overall, the bill is seen as a necessary piece of legislation to address issues related to accountability in policing.

Contention

Notable points of contention surrounding SB185 may arise from concerns regarding the potential for misuse of the publicly available complaint information, as well as the implications for officers who may be falsely accused. There is a delicate balance to strike between transparency and protecting the rights of individuals in law enforcement. Opponents may argue that the indefinite retention of complaints could unfairly stigmatize officers, especially in cases where allegations are unfounded. The discourse around this bill highlights the ongoing debate about how best to ensure accountability without infringing upon the rights of law enforcement personnel.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 143. Municipal Civil Service For Firefighters And Police Officers
    • Section: New Section
  • Chapter 174. Fire And Police Employee Relations
    • Section: New Section

Government Code

  • Chapter 552. Public Information
    • Section: New Section
  • Chapter 614. Peace Officers And Fire Fighters
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

CA AB424

Alcohol and other drug programs: complaints.

CA AB63

State government.

CA SB329

Alcohol and drug recovery or treatment facilities: investigations.

TN SB1050

AN ACT to amend Tennessee Code Annotated, Title 48, relative to unauthorized filings with the secretary of state.

TN HB1341

AN ACT to amend Tennessee Code Annotated, Title 48, relative to unauthorized filings with the secretary of state.

TN HB0460

AN ACT to amend Tennessee Code Annotated, Title 48, relative to unauthorized filings with the secretary of state.

TN SB0545

AN ACT to amend Tennessee Code Annotated, Title 48, relative to unauthorized filings with the secretary of state.

TX HB1470

Relating to the creation of the Texas State Civilian Complaint Review Board to investigate certain allegations of peace officer misconduct.