89R12450 MZM-D
By: Birdwell S.B. No. 1573
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. The heading to Subchapter B, Chapter 2A, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER B. POWERS AND DUTIES OF [PEACE OFFICERS AND] LAW
ENFORCEMENT [AGENCIES]
SECTION 2. Chapter 2A, Code of Criminal Procedure, is
amended by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. POWERS AND DUTIES OF LAW ENFORCEMENT AND ATTORNEYS
REPRESENTING THE STATE
Art. 2A.131. 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 in district court in the county
in which the law enforcement agency is located. 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. On receiving a petition under this subsection,
the district court shall conduct a hearing to determine the
validity of the disputed allegation of misconduct in accordance
with Subsection (f).
(f) In a hearing under Subsection (e), the district court
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
court 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 3. This Act takes effect September 1, 2025.