| 1 | 1 | | 89R3289 MZM-F |
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| 2 | 2 | | By: Harris H.B. No. 2172 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a limitation on the use of certain unsubstantiated |
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| 10 | 10 | | information relating to peace officer misconduct. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Subchapter B, Chapter 2A, Code of |
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| 13 | 13 | | Criminal Procedure, is amended to read as follows: |
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| 14 | 14 | | SUBCHAPTER B. POWERS AND DUTIES OF [PEACE OFFICERS AND] LAW |
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| 15 | 15 | | ENFORCEMENT [AGENCIES] |
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| 16 | 16 | | SECTION 2. Chapter 2A, Code of Criminal Procedure, is |
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| 17 | 17 | | amended by adding Subchapter C-1 to read as follows: |
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| 18 | 18 | | SUBCHAPTER C-1. POWERS AND DUTIES OF LAW ENFORCEMENT AND ATTORNEYS |
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| 19 | 19 | | REPRESENTING THE STATE |
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| 20 | 20 | | Art. 2A.131. LIMITATION ON USE OF CERTAIN UNSUBSTANTIATED |
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| 21 | 21 | | INFORMATION RELATING TO PEACE OFFICER MISCONDUCT. (a) In this |
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| 22 | 22 | | article: |
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| 23 | 23 | | (1) "Attorney representing the state" means an |
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| 24 | 24 | | attorney authorized by law to represent the state in a criminal |
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| 25 | 25 | | case, including a district attorney, criminal district attorney, |
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| 26 | 26 | | county attorney with criminal jurisdiction, or city or municipal |
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| 27 | 27 | | attorney. |
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| 28 | 28 | | (2) "Law enforcement agency" means an agency of the |
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| 29 | 29 | | state or an agency of a political subdivision of the state |
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| 30 | 30 | | authorized by law to employ peace officers. |
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| 31 | 31 | | (b) A law enforcement agency may not disclose to an attorney |
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| 32 | 32 | | representing the state information relating to misconduct by a |
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| 33 | 33 | | peace officer who is or will serve as a witness in a criminal |
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| 34 | 34 | | proceeding unless the allegation of misconduct has been finally |
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| 35 | 35 | | adjudicated as sustained. |
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| 36 | 36 | | (c) When evaluating the credibility of a peace officer who |
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| 37 | 37 | | is serving or will serve as a witness in a criminal proceeding, the |
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| 38 | 38 | | attorney representing the state may not consider an allegation of |
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| 39 | 39 | | misconduct by the peace officer that has not been finally |
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| 40 | 40 | | adjudicated as sustained. |
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| 41 | 41 | | (d) For purposes of this article, an allegation of |
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| 42 | 42 | | misconduct by a peace officer is not considered finally adjudicated |
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| 43 | 43 | | as sustained if the allegation is currently under appeal through an |
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| 44 | 44 | | administrative process or judicial proceeding and the finder of |
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| 45 | 45 | | fact has not yet issued a finding. |
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| 46 | 46 | | (e) A peace officer who is the subject of a report of |
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| 47 | 47 | | misconduct submitted to an attorney representing the state by a law |
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| 48 | 48 | | enforcement agency or who has been notified of a determination by |
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| 49 | 49 | | the attorney representing the state that the officer is not |
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| 50 | 50 | | considered credible to testify in a criminal proceeding as a result |
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| 51 | 51 | | of an allegation of misconduct may dispute that report or |
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| 52 | 52 | | determination by filing a petition with the State Office of |
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| 53 | 53 | | Administrative Hearings. The attorney representing the state shall |
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| 54 | 54 | | provide specific details of the allegation to the peace officer for |
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| 55 | 55 | | purposes of a dispute made under this subsection. Notwithstanding |
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| 56 | 56 | | any other law, the State Office of Administrative Hearings shall |
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| 57 | 57 | | conduct a contested case hearing in accordance with Chapter 2001, |
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| 58 | 58 | | Government Code, for the petition. |
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| 59 | 59 | | (f) In a contested case under Subsection (e), an |
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| 60 | 60 | | administrative law judge employed by the State Office of |
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| 61 | 61 | | Administrative Hearings shall determine by a preponderance of the |
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| 62 | 62 | | evidence whether the alleged misconduct occurred regardless of |
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| 63 | 63 | | whether the applicable officer was terminated or whether that |
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| 64 | 64 | | officer resigned, retired, or separated in lieu of termination. If |
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| 65 | 65 | | the allegation of misconduct is not supported by a preponderance of |
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| 66 | 66 | | the evidence, the administrative law judge shall provide notice of |
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| 67 | 67 | | the finding to any attorney representing the state the petitioner |
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| 68 | 68 | | identifies as having received a report or as having made a |
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| 69 | 69 | | determination as described by Subsection (e). The attorney |
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| 70 | 70 | | representing the state may not consider the allegation of |
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| 71 | 71 | | misconduct when evaluating the peace officer's credibility as a |
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| 72 | 72 | | witness. |
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| 73 | 73 | | SECTION 3. This Act takes effect September 1, 2025. |
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