Texas 2023 - 88th Regular

Texas House Bill HB799

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

Caption

Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

Impact

If enacted, HB 799 will amend the Code of Criminal Procedure in Texas, significantly altering how allegations of police misconduct are handled within the judicial system. It establishes explicit guidelines dictating when and how unsubstantiated allegations can be used in evaluating the credibility of law enforcement witnesses. The bill aims to support peace officers by preventing potentially damaging but unproven claims from affecting legal proceedings, which its supporters argue will help ensure that qualified officers are not unjustly removed from service due to unverified allegations.

Summary

House Bill 799 aims to limit the use of unsubstantiated information regarding peace officer misconduct in criminal proceedings. The bill specifies that law enforcement agencies cannot disclose allegations of misconduct that have not been conclusively adjudicated to state attorneys representing the prosecution, thereby protecting the credibility of officers serving as witnesses. This legislation seeks to create a more favorable environment for peace officers, ensuring that unproven allegations do not undermine their ability to testify in court.

Sentiment

The sentiment surrounding HB 799 is mixed, with supporters generally viewing it as a necessary reform that will aid in maintaining judicial integrity by reducing the risks posed by unfounded allegations. However, opponents worry that it may create a lack of accountability for law enforcement, allowing officers with pending allegations to operate without scrutiny, which could negatively impact public trust in the police. The discussions indicate a division between advocates of law enforcement protection and those prioritizing transparency and accountability.

Contention

Notable points of contention include concerns raised by critics who argue that the bill could facilitate a culture of unaccountability among peace officers, allowing those with multiple accusations against them to testify unchallenged. Supporters counter that the intention is not to protect 'bad cops' but to ensure due process and fairness in the adjudication of police misconduct claims. The debate highlights the ongoing tension between enhancing police accountability and protecting the rights and reputations of officers against unproven allegations.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: 1398

Companion Bills

No companion bills found.

Similar Bills

TX SB1573

Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

TX HB1369

Relating to the creation of a special prosecution division in the office of the attorney general to investigate and prosecute peace officer misconduct.

TX HB2172

Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

TX HB3831

Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

TX SB1894

Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

CA AB715

Attorneys: discipline: sensitive services.

OK HB1593

Criminal procedures; authorizing peace officers to dispute reports of misconduct; codification; effective date.

TX SB280

Relating to municipal civilian complaint review boards for peace officer misconduct in certain municipalities.