1-1 By: Whitmire S.B. No. 783
1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 29, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 1;
1-6 April 29, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 783 By: Whitmire
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the investigation of a county or municipal law
1-24 enforcement officer in certain counties and municipalities.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 180, Local Government Code, is amended by
1-27 adding Section 180.004 to read as follows:
1-28 Sec. 180.004. INVESTIGATION OF COUNTY AND MUNICIPAL LAW
1-29 ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES.
1-30 (a) This section does not apply:
1-31 (1) in a municipality in which Section 143.123
1-32 applies; or
1-33 (2) to an interrogation about an incident that could
1-34 in reasonable probability result in criminal charges being filed
1-35 against the law enforcement officer being interrogated.
1-36 (b) In this section:
1-37 (1) "Agency" means a county or municipal law
1-38 enforcement agency.
1-39 (2) "Complainant" means a person claiming to be the
1-40 victim of misconduct by a law enforcement officer.
1-41 (3) "Investigation" means an administrative
1-42 investigation, conducted by the employing or appointing law
1-43 enforcement agency, of alleged misconduct by a law enforcement
1-44 officer that could in reasonable probability result in punitive
1-45 action against that person.
1-46 (4) "Investigator" means an agent or employee of an
1-47 agency who is assigned to conduct an investigation.
1-48 (5) "Law enforcement officer" means a person who is
1-49 employed or appointed by a county or municipal law enforcement
1-50 agency, or the agency head, and who is a peace officer under
1-51 Article 2.12, Code of Criminal Procedure, or other law.
1-52 (6) "Normally assigned working hours" includes those
1-53 hours during which a law enforcement officer is actually at work or
1-54 at the person's assigned place of work but does not include any
1-55 time when the person is off duty on authorized leave, including
1-56 sick leave.
1-57 (7) "Punitive action" means a disciplinary suspension,
1-58 dismissal from the agency, demotion in rank, or any combination of
1-59 those actions.
1-60 (c) An investigator may interrogate a law enforcement
1-61 officer who is the subject of an investigation only during the law
1-62 enforcement officer's normally assigned working hours unless the
1-63 law enforcement officer is compensated for the interrogation time
1-64 on an overtime basis.
1-65 (d) The agency head may not consider work time missed from
1-66 regular duties by a law enforcement officer due to participation in
1-67 the conduct of an investigation in determining whether to impose a
1-68 punitive action or in determining the severity of a punitive
2-1 action.
2-2 (e) An investigator may not interrogate a law enforcement
2-3 officer who is the subject of an investigation at that person's
2-4 home without that person's permission.
2-5 (f) A law enforcement officer who is the subject of an
2-6 investigation has the right to inquire and, on inquiry, to be
2-7 informed of the identities of each investigator participating in an
2-8 interrogation of the law enforcement officer. In an agency with
2-9 more than 75 law enforcement officers, a person may not be assigned
2-10 to conduct an investigation if the person is the complainant, the
2-11 ultimate decision maker regarding punitive action, or a person who
2-12 has any personal involvement regarding the alleged misconduct.
2-13 (g) Before an investigator may interrogate a law enforcement
2-14 officer who is the subject of an investigation, the investigator
2-15 must inform the law enforcement officer in writing of the nature of
2-16 the investigation and the name of each person who complained about
2-17 the law enforcement officer concerning the matters under
2-18 investigation. An investigator may not conduct an interrogation of
2-19 a law enforcement officer based on a complaint by a complainant who
2-20 is not a peace officer unless the complainant verifies the
2-21 complaint in writing before a public officer who is authorized by
2-22 law to take statements under oath. In an investigation authorized
2-23 under this subsection, an investigator may interrogate a law
2-24 enforcement officer about events or conduct reported by a witness
2-25 who is not a complainant without disclosing the name of the
2-26 witness. An interrogation may be based on a complaint from an
2-27 anonymous complainant if the agency employee receiving the
2-28 anonymous complaint certifies in writing, under oath, that the
2-29 complaint was anonymous. This subsection does not apply to an
2-30 on-the-scene investigation that occurs immediately after an
2-31 incident being investigated if the limitations of this subsection
2-32 would unreasonably hinder the essential purpose of the
2-33 investigation or interrogation. If the limitation would hinder the
2-34 investigation or interrogation, the law enforcement officer under
2-35 investigation must be furnished, as soon as practicable, a written
2-36 statement of the nature of the investigation, the name of each
2-37 complaining party, and the complaint, affidavit, or statement.
2-38 (h) An interrogation session of a law enforcement officer
2-39 who is the subject of an investigation may not be unreasonably
2-40 long. In determining reasonableness, the gravity and complexity of
2-41 the investigation must be considered. The investigators shall
2-42 allow reasonable interruptions to permit the law enforcement
2-43 officer to attend to personal physical necessities.
2-44 (i) An investigator may not threaten a law enforcement
2-45 officer who is the subject of an investigation with punitive action
2-46 during an interrogation. However, an investigator may inform a law
2-47 enforcement officer that failure to truthfully answer reasonable
2-48 questions directly related to the investigation or to fully
2-49 cooperate in the conduct of the investigation may result in
2-50 punitive action.
2-51 (j) If prior notification of intent to record an
2-52 interrogation is given to the other party, either the investigator
2-53 or the law enforcement officer who is the subject of an
2-54 interrogation may record the interrogation.
2-55 (k) If an investigation does not result in punitive action
2-56 against a law enforcement officer but does result in a reprimand
2-57 recorded in writing or an adverse finding or determination
2-58 regarding that person, the reprimand, finding, or determination may
2-59 not be placed in that person's personnel file unless the law
2-60 enforcement officer is first given an opportunity to read and sign
2-61 the document. If the law enforcement officer refuses to sign the
2-62 reprimand, finding, or determination, it may be placed in the
2-63 personnel file with a notation that the person refused to sign it.
2-64 A law enforcement officer may respond in writing to a reprimand,
2-65 finding, or determination that is placed in the person's personnel
2-66 file under this subsection by submitting a written response to the
2-67 agency head within 10 days after the date the law enforcement
2-68 officer is asked to sign the document. The response shall be
2-69 placed in the personnel file. A law enforcement officer who
2-70 receives a punitive action and who elects not to appeal the action
3-1 under any available appeal procedure may file a written response as
3-2 prescribed by this subsection within 10 days after the date the
3-3 person is given written notice of the punitive action from the
3-4 agency head.
3-5 (l) Any information obtained in violation of this section
3-6 may not be used as evidence against the law enforcement officer in
3-7 any administrative action.
3-8 SECTION 2. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.
3-15 * * * * *
3-16 Austin,
3-17 Texas
3-18 April 29, 1993
3-19 Hon. Bob Bullock
3-20 President of the Senate
3-21 Sir:
3-22 We, your Committee on Intergovernmental Relations to which was
3-23 referred S.B. No. 783, have had the same under consideration, and I
3-24 am instructed to report it back to the Senate with the
3-25 recommendation that it do not pass, but that the Committee
3-26 Substitute adopted in lieu thereof do pass and be printed.
3-27 Armbrister,
3-28 Chairman
3-29 * * * * *
3-30 WITNESSES
3-31 FOR AGAINST ON
3-32 ___________________________________________________________________
3-33 Name: Michael Hoard x
3-34 Representing: Houston Police Patrolmen's
3-35 City: Houston
3-36 -------------------------------------------------------------------
3-37 Name: Wade Raper x
3-38 Representing: TCOPS
3-39 City: Irving
3-40 -------------------------------------------------------------------
3-41 Name: Thomas H. Kelly II x
3-42 Representing: TCOPS
3-43 City: Plano
3-44 -------------------------------------------------------------------
3-45 Name: BJ Browning x
3-46 Representing: TX Conference of Police
3-47 City: Dallas
3-48 -------------------------------------------------------------------
3-49 Name: Robert Diaz x
3-50 Representing: City of Arlington
3-51 City: Arlington
3-52 -------------------------------------------------------------------
3-53 Name: Lynwood Moreau x
3-54 Representing: Tx Conference of Police
3-55 City: Houston
3-56 -------------------------------------------------------------------
3-57 Name: Jim Lyde x
3-58 Representing: TX Munic. Police Assoc.
3-59 City: Austin
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