By: Gallegos S.B. No. 1153
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the investigation of a county or municipal law
1-2 enforcement officer in certain counties and municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 180, Local Government Code, is amended by
1-5 adding Section 180.004 to read as follows:
1-6 Sec. 180.004. INVESTIGATION OF COUNTY AND MUNICIPAL LAW
1-7 ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES.
1-8 (a) This section only applies in a:
1-9 (1) county in which the county government through its
1-10 offices, departments, or other agencies employs more than 25 law
1-11 enforcement officers; and
1-12 (2) municipality in which:
1-13 (A) the municipal government through its
1-14 offices, departments, or other agencies employs more than 25 law
1-15 enforcement officers; and
1-16 (B) Section 143.123 does not apply.
1-17 (b) In this section:
1-18 (1) "Agency" means a county or municipal law
1-19 enforcement agency.
1-20 (2) "Complainant" means a person claiming to be the
1-21 victim of misconduct by a law enforcement officer.
1-22 (3) "Investigation" means an administrative
1-23 investigation, conducted by the employing or appointing law
2-1 enforcement agency, of alleged misconduct by a law enforcement
2-2 officer that could result in punitive action against that officer.
2-3 (4) "Investigator" means an agent or employee of an
2-4 agency who is assigned to conduct an investigation.
2-5 (5) "Law enforcement officer" means a person who is
2-6 employed or appointed by a county or municipal law enforcement
2-7 agency, or the agency head, and who is a peace officer under
2-8 Article 2.12, Code of Criminal Procedure, or other law.
2-9 (6) "Normally assigned working hours" includes those
2-10 hours during which a law enforcement officer is actually at work or
2-11 at the officer's assigned place of work, but does not include any
2-12 time when the officer is off duty on authorized leave, including
2-13 sick leave.
2-14 (7) "Punitive action" means a disciplinary suspension,
2-15 dismissal from the agency, a demotion in rank, a reprimand, or any
2-16 combination of those actions.
2-17 (c) An investigator may interrogate a law enforcement
2-18 officer who is the subject of an investigation only during the law
2-19 enforcement officer's normally assigned working hours unless:
2-20 (1) the seriousness of the investigation, as
2-21 determined by the law enforcement officer's agency head or the
2-22 agency head's designee, requires interrogation at another time; and
2-23 (2) the law enforcement officer is compensated for the
2-24 interrogation time on an overtime basis.
2-25 (d) The agency head may not consider work time missed from
3-1 regular duties by a law enforcement officer due to participation in
3-2 the conduct of an investigation in determining whether to impose a
3-3 punitive action or in determining the severity of a punitive
3-4 action.
3-5 (e) An investigator may not interrogate a law enforcement
3-6 officer who is the subject of an investigation or conduct any part
3-7 of the investigation at the officer's home without the officer's
3-8 permission.
3-9 (f) A person may not be assigned to conduct an investigation
3-10 if the person is the complainant, the ultimate decision-maker
3-11 regarding disciplinary action, or a person who has any personal
3-12 involvement regarding the alleged misconduct. A law enforcement
3-13 officer who is the subject of an investigation has the right to
3-14 inquire and on inquiry to be informed of the identities of each
3-15 investigator participating in an interrogation of the officer.
3-16 (g)(1) Before an investigator may interrogate a law
3-17 enforcement officer who is the subject of an investigation, the
3-18 investigator must inform the officer in writing of the nature of
3-19 the investigation and of the name of each person who complained
3-20 about the officer concerning the matters under investigation. An
3-21 investigator may not conduct an interrogation of a law enforcement
3-22 officer based on a complaint by a complainant who is not a peace
3-23 officer unless the complainant verifies the complaint in writing
3-24 before a public officer who is authorized by law to take statements
3-25 under oath. In an investigation authorized under this subsection,
4-1 an investigator may interrogate a law enforcement officer about
4-2 events or conduct reported by a witness who is not a complainant
4-3 without disclosing the name of the witness. Not later than the
4-4 48th hour before the hour on which an investigator begins to
4-5 interrogate a law enforcement officer regarding an allegation based
4-6 on a complaint, affidavit, or statement, the investigator shall
4-7 give the officer a copy of the complaint, affidavit, or statement.
4-8 An interrogation may be based on a complaint from an anonymous
4-9 complainant if the agency employee receiving the anonymous
4-10 complaint certifies in writing, under oath, that the complaint was
4-11 anonymous.
4-12 (2) Subdivision (1) does not apply to an on-the-scene
4-13 investigation or interrogation that occurs immediately after the
4-14 incident being investigated if the requirements of Subdivision (1)
4-15 would unreasonably hinder the essential purpose of the
4-16 investigation or interrogation. If the requirements of Subdivision
4-17 (1) would unreasonably hinder the investigation or interrogation,
4-18 the law enforcement officer under investigation must be furnished,
4-19 as soon as practicable, a written statement of the nature of the
4-20 investigation, the name of each complaining party, and a copy of
4-21 the complaint, affidavit, or statement.
4-22 (h) An interrogation session of a law enforcement officer
4-23 who is the subject of an investigation may not be unreasonably
4-24 long. In determining reasonableness, the gravity and complexity of
4-25 the investigation must be considered. The investigators shall
5-1 allow reasonable interruptions to permit the law enforcement
5-2 officer to attend to personal physical necessities.
5-3 (i) During an interrogation an investigator may not threaten
5-4 a law enforcement officer who is the subject of an investigation
5-5 with punitive action. However, an investigator may inform a law
5-6 enforcement officer that failure to answer truthfully reasonable
5-7 questions directly related to the investigation or to cooperate
5-8 fully in the conduct of the investigation may result in punitive
5-9 action.
5-10 (j) If prior notification of intent to record an
5-11 interrogation is given to the other party, either the investigator
5-12 or the law enforcement officer who is the subject of an
5-13 interrogation may record the interrogation.
5-14 (k) If an investigation does not result in punitive action
5-15 against a law enforcement officer but does result in a reprimand
5-16 recorded in writing or an adverse finding or determination
5-17 regarding that person, the reprimand, finding, or determination may
5-18 not be placed in that officer's personnel file unless the officer
5-19 is first given an opportunity to read and sign the document. If
5-20 the law enforcement officer refuses to sign the reprimand, finding,
5-21 or determination, it may be placed in the officer's personnel file
5-22 with a notation that the officer refused to sign it. A law
5-23 enforcement officer may respond in writing to a reprimand, finding,
5-24 or determination that is placed in the officer's personnel file
5-25 under this subsection by submitting a written response to the
6-1 agency head within 10 days after the date the officer is asked to
6-2 sign the document. The response shall be placed in the law
6-3 enforcement officer's personnel file. A law enforcement officer
6-4 who receives a punitive action and who elects not to appeal the
6-5 action under any available appeal procedure may file a written
6-6 response as prescribed by this subsection within 10 days after the
6-7 date the officer is given written notice of the punitive action by
6-8 the agency head.
6-9 (l) If the agency head or any investigator violates any of
6-10 the provisions of this section while conducting an investigation,
6-11 the agency head or a court of competent jurisdiction shall reverse
6-12 any punitive action taken as a result of the investigation,
6-13 including a reprimand, and any information obtained during the
6-14 investigation may not be introduced into evidence in any proceeding
6-15 against the law enforcement officer.
6-16 SECTION 2. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended,
6-21 and that this Act take effect and be in force from and after its
6-22 passage, and it is so enacted.