Texas House Bill HB3831

Texas 2021 - 87th Regular

Caption

Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

Impact

The bill modifies existing protocols within the Code of Criminal Procedure concerning how allegations of misconduct are treated in criminal cases. Specifically, it introduces a formal adjudication requirement that must be met before allegations can impact a peace officer's credibility in court. The intention behind this is to create a presumption of credibility for peace officers who have unadjudicated allegations against them, thereby potentially reducing the number of instances where officers' testimonies are undermined by unverified and possibly false accusations.

Summary

House Bill 3831 establishes limitations on the use of certain unsubstantiated information related to peace officer misconduct in the state of Texas. The bill aims to prevent law enforcement agencies from disclosing allegations of misconduct against peace officers who are to serve as witnesses in criminal proceedings unless those allegations have been finally adjudicated as sustained. This legislative measure is positioned to protect the integrity of peace officers during legal proceedings and to ensure that only substantiated claims are considered when assessing their credibility as witnesses.

Contention

Despite its protective aims, HB 3831 has faced scrutiny and concern from various advocacy groups and some members of the legislature. Critics argue that the bill could shield peace officers from accountability by making it more difficult to address misconduct allegations that have not yet concluded. They express worry that this could enable ongoing patterns of misconduct without appropriate checks, thus compromising public trust in law enforcement. Proponents of the legislation, however, maintain that it will help eliminate the impact of unproven allegations on the judicial process and help officers maintain their credibility.

Additional_points

This bill also outlines a dispute process for peace officers who are reported as unfit to testify due to allegations of misconduct. It allows for hearings where evidence will be reviewed, and decisions will be made based on a preponderance of the evidence. This procedural element further underscores the bill's focus on ensuring that determinations about an officer's credibility are based on substantiated findings rather than mere allegations or accusations.