By Bailey H.B. No. 1916 74R5782 PEP-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the investigation of a county or municipal law 1-3 enforcement officer in certain counties and municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle C, Title 5, Local Government Code, is 1-6 amended by adding Chapter 176 to read as follows: 1-7 CHAPTER 176. INVESTIGATION OF COUNTY AND MUNICIPAL LAW 1-8 ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES 1-9 Sec. 176.001. APPLICABILITY. This chapter does not apply in 1-10 a municipality: 1-11 (1) to which Section 143.123 applies; or 1-12 (2) in which the municipal government through its 1-13 offices, departments, or other agencies employs not more than 25 1-14 law enforcement officers. 1-15 Sec. 176.002. DEFINITIONS. In this chapter: 1-16 (1) "Agency" means a county or municipal law 1-17 enforcement agency. 1-18 (2) "Complainant" means a person claiming to be the 1-19 victim of misconduct by a law enforcement officer. 1-20 (3) "Investigation" means an administrative 1-21 investigation, conducted by the employing or appointing law 1-22 enforcement agency, of alleged misconduct by a law enforcement 1-23 officer that could in reasonable probability result in punitive 1-24 action against that person. 2-1 (4) "Investigator" means an agent or employee of an 2-2 agency who is assigned to conduct an investigation. 2-3 (5) "Law enforcement officer" means a person who is 2-4 employed or appointed by a county or municipal law enforcement 2-5 agency, or the agency head, and who is a peace officer under 2-6 Article 2.12, Code of Criminal Procedure, or other law. 2-7 (6) "Normally assigned working hours" includes those 2-8 hours during which a law enforcement officer is actually at work or 2-9 at the person's assigned place of work, but does not include any 2-10 time when the person is off duty on authorized leave, including 2-11 sick leave. 2-12 (7) "Punitive action" means a disciplinary suspension, 2-13 dismissal from the agency, demotion in rank, or any combination of 2-14 those actions. 2-15 Sec. 176.003. IDENTITY OF INVESTIGATOR. (a) A law 2-16 enforcement officer who is the subject of an investigation has the 2-17 right to inquire and, on inquiry, to be informed of the identities 2-18 of each investigator participating in an interrogation of the law 2-19 enforcement officer. 2-20 (b) A person may not be assigned to conduct an investigation 2-21 if the person is the complainant, the ultimate decision-maker 2-22 regarding punitive action, or a person who has any personal 2-23 involvement regarding the alleged misconduct. 2-24 Sec. 176.004. OFFICER'S PARTICIPATION IN INVESTIGATION. The 2-25 agency head may not consider work time missed from regular duties 2-26 by a law enforcement officer due to participation in the conduct of 2-27 an investigation in determining whether to impose a punitive action 3-1 or in determining the severity of a punitive action. 3-2 Sec. 176.005. INTERROGATION DURING WORKING HOURS. An 3-3 investigator may interrogate a law enforcement officer who is the 3-4 subject of an investigation only during the law enforcement 3-5 officer's normally assigned working hours unless: 3-6 (1) the seriousness of the investigation, as 3-7 determined by the agency head or the agency head's designee, 3-8 requires interrogation at another time; and 3-9 (2) the law enforcement officer is compensated for the 3-10 interrogation time on an overtime basis. 3-11 Sec. 176.006. LOCATION OF INTERROGATION. An investigator 3-12 may not interrogate a law enforcement officer who is the subject of 3-13 an investigation at that officer's home without that officer's 3-14 permission. 3-15 Sec. 176.007. PREREQUISITES TO INTERROGATION. (a) Before 3-16 an investigator may interrogate a law enforcement officer who is 3-17 the subject of an investigation, the investigator must inform the 3-18 law enforcement officer in writing of the nature of the 3-19 investigation and the name of each person who complained about the 3-20 law enforcement officer concerning the matters under investigation. 3-21 (b) An investigator may not conduct an interrogation of a 3-22 law enforcement officer based on a complaint by a complainant who 3-23 is not a peace officer unless the complainant verifies the 3-24 complaint in writing before a public officer who is authorized by 3-25 law to take statements under oath. 3-26 (c) In an investigation under this chapter, an investigator 3-27 may interrogate a law enforcement officer about events or conduct 4-1 reported by a witness who is not a complainant without disclosing 4-2 the name of the witness. 4-3 (d) An interrogation may be based on a complaint from an 4-4 anonymous complainant if the agency employee receiving the 4-5 anonymous complaint certifies in writing, under oath, that the 4-6 complaint was anonymous. 4-7 (e) Not later than the 48th hour before the hour an 4-8 investigator begins to interrogate a law enforcement officer 4-9 regarding an allegation based on a complaint, affidavit, or 4-10 statement, the investigator shall give the officer a copy of the 4-11 complaint, affidavit, or statement. 4-12 (f) This section does not apply to an on-the-scene 4-13 investigation that occurs immediately after an incident being 4-14 investigated if the limitations of this section would unreasonably 4-15 hinder the essential purpose of the investigation or interrogation. 4-16 If the limitations would hinder the investigation or interrogation, 4-17 the law enforcement officer under investigation must be furnished, 4-18 as soon as practicable, a written statement of the nature of the 4-19 investigation, the name of each complaining party, and a copy of 4-20 the complaint, affidavit, or statement. 4-21 Sec. 176.008. CONDUCT OF INTERROGATION. (a) A law 4-22 enforcement officer who is the subject of an investigation is 4-23 entitled to be represented by counsel who may be present during any 4-24 interrogation of the officer. 4-25 (b) An interrogation session of a law enforcement officer 4-26 who is the subject of an investigation may not be unreasonably 4-27 long. In determining reasonableness, the gravity and complexity of 5-1 the investigation must be considered. The investigators shall 5-2 allow reasonable interruptions to permit the law enforcement 5-3 officer to attend to personal physical necessities. 5-4 (c) An investigator may not threaten a law enforcement 5-5 officer who is the subject of an investigation with punitive action 5-6 during an interrogation. However, an investigator may inform a law 5-7 enforcement officer that failure to truthfully answer reasonable 5-8 questions directly related to the investigation or to fully 5-9 cooperate in the conduct of the investigation may result in 5-10 punitive action. 5-11 Sec. 176.009. RECORDING OF INTERROGATION. If prior 5-12 notification of intent to record an interrogation is given to the 5-13 other party, either the investigator or the law enforcement officer 5-14 who is the subject of an interrogation may record the 5-15 interrogation. 5-16 Sec. 176.010. RESULTS OF INVESTIGATION. (a) If an 5-17 investigation does not result in punitive action against a law 5-18 enforcement officer but does result in a reprimand recorded in 5-19 writing or an adverse finding or determination regarding the 5-20 officer, the reprimand, finding, or determination may not be placed 5-21 in the officer's personnel file unless the officer is first given 5-22 an opportunity to read and sign the document. 5-23 (b) If the law enforcement officer refuses to sign the 5-24 reprimand, finding, or determination, it may be placed in the 5-25 personnel file with a notation that the officer refused to sign it. 5-26 (c) A law enforcement officer may respond in writing to a 5-27 reprimand, finding, or determination that is placed in the 6-1 officer's personnel file under this section by submitting a written 6-2 response to the agency head within 10 days after the date the law 6-3 enforcement officer is asked to sign the document. The response 6-4 shall be placed in the personnel file. 6-5 (d) A law enforcement officer who receives a punitive action 6-6 and who elects not to appeal the action under any available appeal 6-7 procedure may file a written response as prescribed by this section 6-8 within 10 days after the date the officer is given written notice 6-9 of the punitive action from the agency head. 6-10 Sec. 176.011. EXCLUSION OF EVIDENCE. If the agency head or 6-11 any investigator violates any of the provisions of this section 6-12 while conducting an investigation, the agency head or a court of 6-13 competent jurisdiction shall reverse any punitive action taken as a 6-14 result of the investigation, including a reprimand, and any 6-15 information obtained during the investigation may not be introduced 6-16 into evidence in any proceeding against the law enforcement 6-17 officer. 6-18 SECTION 2. (a) Except as provided by Subsection (b) of this 6-19 section, Chapter 176, Local Government Code, as added by this Act, 6-20 applies only to an interrogation that takes place on or after the 6-21 effective date of this Act. 6-22 (b) Section 176.004, Local Government Code, as added by this 6-23 Act, applies only to an action of an agency head on or after the 6-24 effective date of this Act that is based on an interrogation or 6-25 investigation that takes place on, before, or after the effective 6-26 date of this Act. 6-27 (c) Section 176.003(b), Local Government Code, as added by 7-1 this Act, applies only to an assignment that is made on or after 7-2 the effective date of this Act. 7-3 (d) Section 176.010, Local Government Code, as added by this 7-4 Act, applies only to a punitive action that is taken or to a 7-5 reprimand, finding, or determination that is placed in a personnel 7-6 file on or after the effective date of this Act. 7-7 SECTION 3. The importance of this legislation and the 7-8 crowded condition of the calendars in both houses create an 7-9 emergency and an imperative public necessity that the 7-10 constitutional rule requiring bills to be read on three several 7-11 days in each house be suspended, and this rule is hereby suspended, 7-12 and that this Act take effect and be in force from and after its 7-13 passage, and it is so enacted.