BILL ANALYSIS
S.B. 1529
By: Ellis
Intergovernmental Relations
4-18-95
Committee Report (Unamended)
BACKGROUND
County and municipal law enforcement agency internal investigations
often lead to the abuse of the law enforcement officers' basic
rights. Currently, there are no statutes which protect law
enforcement officers from abuse.
PURPOSE
As proposed, S.B. 1529 sets forth procedures for the investigation
of a county or municipal law enforcement officer in certain
counties and municipalities.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 5C, Local Government Code, by adding
Chapter 176, as follows:
CHAPTER 176. INVESTIGATION OF COUNTY AND MUNICIPAL LAW
ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES
Sec. 176.001. APPLICABILITY. Provides that this chapter does
not apply in a municipality to which Section 143.123 applies,
or to an interrogation about an incident that could result in
criminal charges being filed against the law enforcement
officer (officer) being interrogated.
Sec. 176.002. DEFINITIONS. Defines "agency," "complainant,"
"investigation," "investigator," "law enforcement officer,"
"normally assigned working hours," and "punitive action."
Sec. 176.003. IDENTITY OF INVESTIGATOR. (a) Provides that
an officer who is the subject of an investigation has the
right to inquire and to be informed of the identities of each
investigator participating in an interrogation of the officer.
(b) Prohibits a person, in an agency with more than 75
officers, from being assigned to conduct an investigation if
the person is the complainant, the ultimate decision maker
regarding punitive action, or a person who has any personal
involvement regarding the alleged misconduct.
Sec. 176.004. OFFICER'S PARTICIPATION IN INVESTIGATION.
Prohibits the agency head from considering work time missed
from regular duties by an officer due to participation in the
conduct of an investigation in determining whether to impose
a punitive action or in determining the severity of a punitive
action.
Sec. 176.005. INTERROGATION DURING WORKING HOURS. Authorizes
an investigator to interrogate an officer who is the subject
of an investigation only during the officer's normally
assigned working hours unless the officer is compensated for
the interrogation time on an overtime basis.
Sec. 176.006. LOCATION OF INTERROGATION. Prohibits an
investigator from interrogating an officer who is the subject
of an investigation at that officer's home without that
officer's permission.
Sec. 176.007. PREREQUISITES TO INTERROGATION. (a) Requires
an investigator to inform an officer in writing of the nature
of the investigation and the name of each complainant before
an investigator may interrogate an officer who is the subject
of an investigation.
(b) Prohibits an investigator from conducting an
interrogation of an officer based on a complaint by a
complainant who is not a peace officer unless the
complainant verifies the complaint in writing before a
public officer who is authorized by law to take statements
under oath.
(c) Authorizes an investigator to interrogate an officer
about events or conduct reported by a witness who is not a
complainant without disclosing the name of the witness in an
investigation under this chapter.
(d) Authorizes an interrogation to be conducted to
investigate a complaint from an anonymous complainant if the
agency employee receiving the anonymous complaint certifies
in writing, under oath, that the complainant did not give
the complainant's name or other personal identification.
(e) Provides that this section does not apply to an
investigation that occurs on the scene and immediately after
an incident being investigated if the limitations of this
section would unreasonably hinder the essential purpose of
the investigation or interrogation. Requires an officer
under investigation to be furnished a written statement of
the nature of the investigation, the name of each
complaining party, and the complaint or statement, if the
limitations would hinder the investigation or interrogation.
Sec. 176.008. CONDUCT OF INTERROGATION. (a) Prohibits an
interrogation session of an officer who is the subject of an
investigation from being unreasonably long. Requires the
gravity and complexity of the investigation to be considered
in determining reasonableness. Requires the investigators to
allow reasonable interruptions to permit the officer to attend
to personal physical necessities.
(b) Prohibits an investigator from threatening an officer
who is the subject of an investigation with punitive action
during an interrogation. Authorizes an investigator to
inform an officer that failure to truthfully answer
questions directly related to the investigation or to fully
cooperate in the investigation may result in punitive
action.
Sec. 176.009. RECORDING OF INTERROGATION. Authorizes either
the investigator or the law enforcement officer who is the
subject of an interrogation to record the interrogation if
prior notification of intent to record an interrogation is
given to the other party.
Sec. 176.010. RESULTS OF INVESTIGATION. (a) Prohibits a
reprimand, finding, or determination from being placed in an
officer's personnel file unless the officer is first given an
opportunity to read and sign the document if an investigation
does not result in punitive action but does result in a
reprimand, adverse finding, or determination regarding the
officer.
(b) Provides that a refusal to sign a reprimand, finding,
or determination by an officer may be placed in the
officer's personnel file with a notation.
(c) Authorizes a law enforcement officer to respond in
writing to a reprimand, finding, or determination that is
placed in the officer's personnel file by submitting a
written response to the agency head within 10 days after the
date the officer is asked to sign the document. Requires
the response to be placed in the personnel file.
(d) Authorizes an officer who receives a punitive action
and who elects not to appeal the action under any available
appeal procedure to file a written response within 10 days
after the officer is given written notice of the punitive
action from the agency head.
Sec. 176.011. EXCLUSION OF EVIDENCE. Prohibits any
information obtained in violation of this chapter from being
used as evidence against the law enforcement officer in any
administrative action.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Emergency clause.
Effective date: upon passage.