Texas Senate Bill SB1338

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/6/09

Caption

Relating to the rights of certain county law enforcement officers.

Impact

The proposed law significantly impacts how investigations of county law enforcement are conducted, emphasizing officers' rights and the need for accountability on the part of investigators. By instituting stricter procedures regarding the interrogations and investigations, as well as how complaints can be lodged, SB1338 aims to protect officers from unjust punitive actions and ensure that any evidence gathered in violation of the new protocols could be excluded from administrative hearings. Should any provision of the act be violated during the disciplinary process, there would be safeguards to potentially reverse punitive actions taken against an officer.

Summary

SB1338 seeks to amend the Local Government Code regarding the rights and protections of county law enforcement officers, particularly in large counties with populations over 3.3 million. The bill establishes additional procedural safeguards during investigations of alleged misconduct against these law enforcement officers, ensuring fair treatment and due process throughout the investigative process. It mandates that interrogations of officers occur during their normal working hours unless otherwise agreed upon, and that officers have the right to legal representation during investigations and disciplinary hearings.

Contention

Supporters of SB1338 argue that it is a necessary step to uphold officers' rights in the face of potential misconduct accusations, thus bolstering morale and operational integrity within law enforcement agencies. However, opponents may view the bill as providing law enforcement with excessive protections at the expense of accountability, potentially hindering efforts to address misconduct decisively. Concerns may also arise regarding the implications of having a polygraph examination requirement for complainants before investigations proceed, which might discourage legitimate complaints.

Notable_points

A critical element of SB1338 is its focus on the process by which complaints against law enforcement officers are handled. It specifies that no punitive action can be enforced without proper procedures being followed and ensures that investigations don't infringe on officers' rights. The bill particularly highlights the importance of transparency and fairness in how law enforcement interactions are managed, paving the way for ongoing dialogue about police reform in Texas.