86R12880 MAW-D
By: West S.B. No. 2114
A BILL TO BE ENTITLED
AN ACT
relating to certain duties of peace officers and law enforcement
agencies concerning certain information subject to disclosure to a
defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1397 to read as follows:
Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE.
(a) A law enforcement agency filing a case with the attorney
representing the state shall submit to the attorney representing
the state a written statement by a peace officer employed by the
agency acknowledging that all documents, items, and information in
the possession of the agency that are required to be disclosed to
the defendant in the case under Article 39.14(h) have been
transmitted to the attorney representing the state.
(b) If at any time after the case is filed with the attorney
representing the state the law enforcement agency discovers or
acquires any additional document, item, or information required to
be disclosed to the defendant under Article 39.14(h) or (k), a peace
officer employed by the agency shall promptly transmit the
document, item, or information to the attorney representing the
state.
(c) A law enforcement agency shall promptly disclose to each
attorney representing the state with whom the agency files cases
the identity of each peace officer or other employee of the agency
for whom a finding of misconduct has been sustained if that finding
would be required to be disclosed to a defendant under Article
39.14.
SECTION 2. Section 1701.501(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Subsection (d), the commission
shall revoke or suspend a license, place on probation a person whose
license has been suspended, or reprimand a license holder for a
violation of:
(1) this chapter;
(2) the reporting requirements provided by Articles
2.132 and 2.134, Code of Criminal Procedure;
(3) a duty imposed by Article 2.1397, Code of Criminal
Procedure; or
(4) [(3)] a commission rule.
SECTION 3. This Act takes effect September 1, 2019.