Texas House Bill HB2226

Texas 2017 - 85th Regular

Caption

Relating to complaints filed against certain law enforcement officers, peace officers, detention officers, and county jailers.

Impact

The bill modifies existing laws to provide clearer guidelines on the handling of complaints against law enforcement personnel. Notably, it stipulates that an officer cannot face disciplinary action, including termination, unless the complaint is thoroughly investigated, and there is adequate evidence substantiating the allegations. This change aims at enhancing protection for officers against unfounded complaints while also ensuring public accountability by requiring agencies to conduct proper investigations before taking any disciplinary measures. The bill sets forth that the appeal process must be available to law enforcement officers, granting them the right to challenge disciplinary actions before an independent hearing examiner.

Summary

House Bill 2226 proposes important amendments to the Government Code relating to complaints filed against law enforcement officers, peace officers, detention officers, and county jailers. The bill introduces specific definitions and procedural changes concerning how complaints are filed and processed within law enforcement agencies. It aims to ensure that complaints are taken seriously, and that officers facing such complaints have a fair process for challenging any disciplinary actions taken against them. The bill emphasizes the necessity for complaints to be in writing and signed by the complainant, establishing clear guidelines for the handling of complaints against those in law enforcement positions.

Contention

Concerns have been raised regarding the balance of accountability and protection afforded to law enforcement officers under this bill. Proponents argue that the changes are essential for ensuring that officers are not subjected to frivolous complaints and premature disciplinary actions that could jeopardize their careers. Critics, however, may contend that the bill could potentially shield officers from necessary accountability and oversight, particularly in cases of misconduct involving excessive use of force or other serious allegations. The phrasing of the provisions around the investigation process could lead to interpretations that delay necessary disciplinary actions against officers found to have committed significant breaches of conduct.