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.