Texas 2017 - 85th Regular

Texas Senate Bill SB1793 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Menéndez S.B. No. 1793
2		-	(In the Senate - Filed March 9, 2017; March 23, 2017, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	May 4, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 5, Nays 0; May 4, 2017, sent
6		-	to printer.)
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1793 By: Perry
8	2
9	3
10	4		A BILL TO BE ENTITLED
11	5		AN ACT
12	6		relating to complaints filed against certain law enforcement
13	7		officers, peace officers, detention officers, county jailers, and
14	8		fire fighters.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subchapter B, Chapter 614, Government Code, is
17	11		amended by adding Section 614.0205 to read as follows:
18	12		Sec. 614.0205. DEFINITIONS. In this subchapter:
19	13		(1) "Complaint" means an allegation that a law
20	14		enforcement officer or fire fighter has committed misconduct or has
21	15		violated a policy of the law enforcement agency or fire department
22	16		that appointed or employs the officer or employee.
23	17		(2) "Law enforcement agency" means an agency of this
24	18		state or an agency of a political subdivision of this state
25	19		authorized by law to appoint or employ a law enforcement officer.
26	20		(3) "Law enforcement officer" means a peace officer
27	21		under Article 2.12, Code of Criminal Procedure, or other law or a
28	22		detention officer or county jailer.
29	23		SECTION 2. Section 614.021(a), Government Code, is amended
30	24		to read as follows:
31	25		(a) Except as provided by Subsection (b), this subchapter
32	26		applies only to a complaint against:
33		-	(1) a law enforcement officer appointed or employed by
34		-	a law enforcement agency [of the State of Texas, including an
35		-	officer of the Department of Public Safety or of the Texas Alcoholic
36		-	Beverage Commission]; or
	27	+	(1) a law enforcement officer [of the State of Texas,
	28	+	including an officer of the Department of Public Safety or of the
	29	+	Texas Alcoholic Beverage Commission]; or
37	30		(2) a fire fighter [who is] employed by this state or a
38	31		political subdivision of this state[;
39	32		[(3) a peace officer under Article 2.12, Code of
40	33		Criminal Procedure, or other law who is appointed or employed by a
41	34		political subdivision of this state; or
42	35		[(4) a detention officer or county jailer who is
43	36		appointed or employed by a political subdivision of this state].
44	37		SECTION 3. Section 614.022, Government Code, is amended to
45	38		read as follows:
46	39		Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY
47	40		COMPLAINANT. (a) To be considered by the head of a law enforcement
48	41		[state] agency or by the head of a fire department [or local law
49	42		enforcement agency], the complaint must be:
50	43		(1) in writing; [and]
51	44		(2) signed by the person making the complaint; and
52		-	(3) filed with:
53		-	(A) the head of the law enforcement agency or
54		-	fire department or that person's designee; or
55		-	(B) an independent entity responsible for
56		-	receiving the complaint.
	45	+	(3) filed with the head of the law enforcement agency
	46	+	or fire department, or that person's designee.
57	47		(b) Any person, including a law enforcement officer or an
58	48		employee of a law enforcement agency or fire department, may file a
59	49		complaint under this section.
60		-	SECTION 4. Sections 614.023(a) and (b), Government Code,
61		-	are amended to read as follows:
62		-	(a) A copy of a signed complaint against an officer or
	50	+	SECTION 4. Section 614.023, Government Code, is amended to
	51	+	read as follows:
	52	+	Sec. 614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR
	53	+	EMPLOYEE. (a) A copy of a signed complaint against an officer or
63	54		employee to whom this subchapter applies [a law enforcement officer
64	55		of this state or a fire fighter, detention officer, county jailer,
65	56		or peace officer appointed or employed by a political subdivision
66	57		of this state] shall be given to the officer or employee within a
67		-	reasonable time after the complaint is filed.
	58	+	reasonable time after the complaint is filed and before the
	59	+	complaint is investigated.
68	60		(b) Disciplinary action may not be taken against the officer
69		-	or employee unless:
70		-	(1) a signed complaint against the officer or employee
71		-	is filed; and
72		-	(2) a copy of the [signed] complaint is given to the
73		-	officer or employee not later than 36 hours before the disciplinary
74		-	action is taken.
	61	+	or employee unless a signed complaint against the officer or
	62	+	employee is filed and a copy of the [signed] complaint is given to
	63	+	the officer or employee.
	64	+	(c) In addition to the requirement of Subsection (b), the
	65	+	officer or employee may not be indefinitely suspended or terminated
	66	+	from employment based on the subject matter of the complaint
	67	+	unless:
	68	+	(1) the complaint is investigated; and
	69	+	(2) there is sufficient evidence to prove the
	70	+	allegation of misconduct.
75	71		SECTION 5. The change in law made by this Act applies only
76	72		to a complaint relating to conduct that occurs on or after the
77	73		effective date of this Act. A complaint relating to conduct that
78	74		occurs before the effective date of this Act is governed by the law
79	75		in effect on the date the conduct occurred, and the former law is
80	76		continued in effect for that purpose.
81	77		SECTION 6. This Act takes effect September 1, 2017.
82		-	* * * * *