Texas 2023 - 88th Regular

Texas House Bill HB799 Compare Versions

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Version 2 (New)

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1	1	88R3712 SHH-F
2	2	By: Harris of Anderson H.B. No. 799
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a limitation on the use of certain unsubstantiated
8	8	information relating to peace officer misconduct.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2, Code of Criminal Procedure, is
11	11	amended by adding Article 2.1398 to read as follows:
12	12	Art. 2.1398. LIMITATION ON USE OF CERTAIN UNSUBSTANTIATED
13	13	INFORMATION RELATING TO PEACE OFFICER MISCONDUCT. (a) In this
14	14	article:
15	15	(1) "Attorney representing the state" means an
16	16	attorney authorized by law to represent the state in a criminal
17	17	case, including a district attorney, criminal district attorney,
18	18	county attorney with criminal jurisdiction, or city or municipal
19	19	attorney.
20	20	(2) "Law enforcement agency" means an agency of the
21	21	state or an agency of a political subdivision of the state
22	22	authorized by law to employ peace officers.
23	23	(b) A law enforcement agency may not disclose to an attorney
24	24	representing the state information relating to misconduct by a
25	25	peace officer who is or will serve as a witness in a criminal
26	26	proceeding unless the allegation of misconduct has been finally
27	27	adjudicated as sustained.
28	28	(c) When evaluating the credibility of a peace officer who
29	29	is serving or will serve as a witness in a criminal proceeding, the
30	30	attorney representing the state may not consider an allegation of
31	31	misconduct by the peace officer that has not been finally
32	32	adjudicated as sustained.
33	33	(d) For purposes of this article, an allegation of
34	34	misconduct by a peace officer is not considered finally adjudicated
35	35	as sustained if the allegation is currently under appeal through an
36	36	administrative process or judicial proceeding and the finder of
37	37	fact has not yet issued a finding.
38	38	(e) A peace officer who is the subject of a report of
39	39	misconduct submitted to an attorney representing the state by a law
40	40	enforcement agency or who has been notified of a determination by
41	41	the attorney representing the state that the officer is not
42	42	considered credible to testify in a criminal proceeding as a result
43	43	of an allegation of misconduct may dispute that report or
44	44	determination by filing a petition with the State Office of
45	45	Administrative Hearings. The attorney representing the state shall
46	46	provide specific details of the allegation to the peace officer for
47	47	purposes of a dispute made under this subsection. Notwithstanding
48	48	any other law, the State Office of Administrative Hearings shall
49	49	conduct a contested case hearing in accordance with Chapter 2001,
50	50	Government Code, for the petition.
51	51	(f) In a contested case under Subsection (e), an
52	52	administrative law judge employed by the State Office of
53	53	Administrative Hearings shall determine by a preponderance of the
54	54	evidence whether the alleged misconduct occurred regardless of
55	55	whether the applicable officer was terminated or whether that
56	56	officer resigned, retired, or separated in lieu of termination. If
57	57	the allegation of misconduct is not supported by a preponderance of
58	58	the evidence, the administrative law judge shall provide notice of
59	59	the finding to any attorney representing the state the petitioner
60	60	identifies as having received a report or as having made a
61	61	determination as described by Subsection (e). The attorney
62	62	representing the state may not consider the allegation of
63	63	misconduct when evaluating the peace officer's credibility as a
64	64	witness.
65	65	SECTION 2. This Act takes effect September 1, 2023.