88R3712 SHH-F
By: Harris of Anderson H.B. No. 799
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on the use of certain unsubstantiated
information relating to peace officer misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1398 to read as follows:
Art. 2.1398. LIMITATION ON USE OF CERTAIN UNSUBSTANTIATED
INFORMATION RELATING TO PEACE OFFICER MISCONDUCT. (a) In this
article:
(1) "Attorney representing the state" means an
attorney authorized by law to represent the state in a criminal
case, including a district attorney, criminal district attorney,
county attorney with criminal jurisdiction, or city or municipal
attorney.
(2) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(b) A law enforcement agency may not disclose to an attorney
representing the state information relating to misconduct by a
peace officer who is or will serve as a witness in a criminal
proceeding unless the allegation of misconduct has been finally
adjudicated as sustained.
(c) When evaluating the credibility of a peace officer who
is serving or will serve as a witness in a criminal proceeding, the
attorney representing the state may not consider an allegation of
misconduct by the peace officer that has not been finally
adjudicated as sustained.
(d) For purposes of this article, an allegation of
misconduct by a peace officer is not considered finally adjudicated
as sustained if the allegation is currently under appeal through an
administrative process or judicial proceeding and the finder of
fact has not yet issued a finding.
(e) A peace officer who is the subject of a report of
misconduct submitted to an attorney representing the state by a law
enforcement agency or who has been notified of a determination by
the attorney representing the state that the officer is not
considered credible to testify in a criminal proceeding as a result
of an allegation of misconduct may dispute that report or
determination by filing a petition with the State Office of
Administrative Hearings. The attorney representing the state shall
provide specific details of the allegation to the peace officer for
purposes of a dispute made under this subsection. Notwithstanding
any other law, the State Office of Administrative Hearings shall
conduct a contested case hearing in accordance with Chapter 2001,
Government Code, for the petition.
(f) In a contested case under Subsection (e), an
administrative law judge employed by the State Office of
Administrative Hearings shall determine by a preponderance of the
evidence whether the alleged misconduct occurred regardless of
whether the applicable officer was terminated or whether that
officer resigned, retired, or separated in lieu of termination. If
the allegation of misconduct is not supported by a preponderance of
the evidence, the administrative law judge shall provide notice of
the finding to any attorney representing the state the petitioner
identifies as having received a report or as having made a
determination as described by Subsection (e). The attorney
representing the state may not consider the allegation of
misconduct when evaluating the peace officer's credibility as a
witness.
SECTION 2. This Act takes effect September 1, 2023.