| 1 | 1 | | 86R13248 TJB-D |
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| 2 | 2 | | By: Menéndez S.B. No. 1745 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to complaints filed against certain law enforcement |
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| 8 | 8 | | officers, peace officers, detention officers, county jailers, and |
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| 9 | 9 | | fire fighters. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 614, Government Code, is |
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| 12 | 12 | | amended by adding Section 614.0205 to read as follows: |
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| 13 | 13 | | Sec. 614.0205. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Complaint" means an allegation that a law |
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| 15 | 15 | | enforcement officer or fire fighter has committed misconduct or has |
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| 16 | 16 | | violated a policy of the law enforcement agency or fire department |
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| 17 | 17 | | that appointed or employs the officer or employee. |
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| 18 | 18 | | (2) "Law enforcement agency" means an agency of this |
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| 19 | 19 | | state or an agency of a political subdivision of this state |
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| 20 | 20 | | authorized by law to appoint or employ a law enforcement officer. |
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| 21 | 21 | | (3) "Law enforcement officer" means a peace officer |
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| 22 | 22 | | under Article 2.12, Code of Criminal Procedure, or other law or a |
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| 23 | 23 | | detention officer or county jailer. |
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| 24 | 24 | | SECTION 2. Section 614.021(a), Government Code, is amended |
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| 25 | 25 | | to read as follows: |
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| 26 | 26 | | (a) Except as provided by Subsection (b), this subchapter |
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| 27 | 27 | | applies only to a complaint against: |
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| 28 | 28 | | (1) a law enforcement officer appointed or employed by |
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| 29 | 29 | | a law enforcement agency [of the State of Texas, including an |
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| 30 | 30 | | officer of the Department of Public Safety or of the Texas Alcoholic |
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| 31 | 31 | | Beverage Commission]; or |
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| 32 | 32 | | (2) a fire fighter [who is] employed by this state or a |
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| 33 | 33 | | political subdivision of this state[; |
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| 34 | 34 | | [(3) a peace officer under Article 2.12, Code of |
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| 35 | 35 | | Criminal Procedure, or other law who is appointed or employed by a |
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| 36 | 36 | | political subdivision of this state; or |
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| 37 | 37 | | [(4) a detention officer or county jailer who is |
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| 38 | 38 | | appointed or employed by a political subdivision of this state]. |
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| 39 | 39 | | SECTION 3. Section 614.022, Government Code, is amended to |
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| 40 | 40 | | read as follows: |
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| 41 | 41 | | Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY |
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| 42 | 42 | | COMPLAINANT. (a) To be considered by the head of a law enforcement |
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| 43 | 43 | | [state] agency or by the head of a fire department [or local law |
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| 44 | 44 | | enforcement agency], the complaint must be: |
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| 45 | 45 | | (1) in writing; [and] |
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| 46 | 46 | | (2) signed by the person making the complaint; and |
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| 47 | 47 | | (3) filed with: |
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| 48 | 48 | | (A) the head of the law enforcement agency or |
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| 49 | 49 | | fire department or that person's designee; or |
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| 50 | 50 | | (B) an independent entity responsible for |
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| 51 | 51 | | receiving the complaint. |
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| 52 | 52 | | (b) Any person, including a law enforcement officer or an |
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| 53 | 53 | | employee of a law enforcement agency or fire department, may file a |
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| 54 | 54 | | complaint under this section. |
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| 55 | 55 | | SECTION 4. Sections 614.023(a) and (b), Government Code, |
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| 56 | 56 | | are amended to read as follows: |
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| 57 | 57 | | (a) A copy of a signed complaint against an officer or |
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| 58 | 58 | | employee to whom this subchapter applies [a law enforcement officer |
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| 59 | 59 | | of this state or a fire fighter, detention officer, county jailer, |
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| 60 | 60 | | or peace officer appointed or employed by a political subdivision |
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| 61 | 61 | | of this state] shall be given to the officer or employee within a |
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| 62 | 62 | | reasonable time after the complaint is filed. |
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| 63 | 63 | | (b) Disciplinary action may not be taken against the officer |
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| 64 | 64 | | or employee unless: |
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| 65 | 65 | | (1) a signed complaint against the officer or employee |
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| 66 | 66 | | is filed; and |
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| 67 | 67 | | (2) a copy of the [signed] complaint is given to the |
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| 68 | 68 | | officer or employee not later than 36 hours before the disciplinary |
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| 69 | 69 | | action is taken. |
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| 70 | 70 | | SECTION 5. The change in law made by this Act applies only |
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| 71 | 71 | | to a complaint relating to conduct that occurs on or after the |
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| 72 | 72 | | effective date of this Act. A complaint relating to conduct that |
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| 73 | 73 | | occurs before the effective date of this Act is governed by the law |
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| 74 | 74 | | in effect on the date the conduct occurred, and the former law is |
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| 75 | 75 | | continued in effect for that purpose. |
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| 76 | 76 | | SECTION 6. This Act takes effect September 1, 2019. |
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