1-1 By: Ellis S.B. No. 1529 1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 12, 1995, reported favorably by the following 1-5 vote: Yeas 9, Nays 0; April 12, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the investigation of a county or municipal law 1-9 enforcement officer in certain counties and municipalities. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subtitle C, Title 5, Local Government Code, is 1-12 amended by adding Chapter 176 to read as follows: 1-13 CHAPTER 176. INVESTIGATION OF COUNTY AND MUNICIPAL LAW 1-14 ENFORCEMENT OFFICERS IN CERTAIN COUNTIES AND MUNICIPALITIES 1-15 Sec. 176.001. APPLICABILITY. This chapter does not apply: 1-16 (1) in a municipality to which Section 143.123 1-17 applies; or 1-18 (2) to an interrogation about an incident that could 1-19 in reasonable probability result in criminal charges being filed 1-20 against the law enforcement officer being interrogated. 1-21 Sec. 176.002. DEFINITIONS. In this chapter: 1-22 (1) "Agency" means a county or municipal law 1-23 enforcement agency. 1-24 (2) "Complainant" means a person claiming to be the 1-25 victim of misconduct by a law enforcement officer. 1-26 (3) "Investigation" means an administrative 1-27 investigation, conducted by the employing or appointing law 1-28 enforcement agency, of alleged misconduct by a law enforcement 1-29 officer that could in reasonable probability result in punitive 1-30 action against that person. 1-31 (4) "Investigator" means an agent or employee of an 1-32 agency who is assigned to conduct an investigation. 1-33 (5) "Law enforcement officer" means a person who is 1-34 employed or appointed by a county or municipal law enforcement 1-35 agency, or the agency head, and who is a peace officer under 1-36 Article 2.12, Code of Criminal Procedure, or other law. 1-37 (6) "Normally assigned working hours" includes those 1-38 hours during which a law enforcement officer is actually at work or 1-39 at the person's assigned place of work, but does not include any 1-40 time when the person is off duty on authorized leave, including 1-41 sick leave. 1-42 (7) "Punitive action" means a disciplinary suspension, 1-43 dismissal from the agency, demotion in rank, or any combination of 1-44 those actions. 1-45 Sec. 176.003. IDENTITY OF INVESTIGATOR. (a) A law 1-46 enforcement officer who is the subject of an investigation has the 1-47 right to inquire and, on inquiry, to be informed of the identities 1-48 of each investigator participating in an interrogation of the law 1-49 enforcement officer. 1-50 (b) In an agency with more than 75 law enforcement officers, 1-51 a person may not be assigned to conduct an investigation if the 1-52 person is the complainant, the ultimate decision maker regarding 1-53 punitive action, or a person who has any personal involvement 1-54 regarding the alleged misconduct. 1-55 Sec. 176.004. OFFICER'S PARTICIPATION IN INVESTIGATION. The 1-56 agency head may not consider work time missed from regular duties 1-57 by a law enforcement officer due to participation in the conduct of 1-58 an investigation in determining whether to impose a punitive action 1-59 or in determining the severity of a punitive action. 1-60 Sec. 176.005. INTERROGATION DURING WORKING HOURS. An 1-61 investigator may interrogate a law enforcement officer who is the 1-62 subject of an investigation only during the law enforcement 1-63 officer's normally assigned working hours unless the law 1-64 enforcement officer is compensated for the interrogation time on an 1-65 overtime basis. 1-66 Sec. 176.006. LOCATION OF INTERROGATION. An investigator 1-67 may not interrogate a law enforcement officer who is the subject of 1-68 an investigation at that officer's home without that officer's 2-1 permission. 2-2 Sec. 176.007. PREREQUISITES TO INTERROGATION. (a) Before 2-3 an investigator may interrogate a law enforcement officer who is 2-4 the subject of an investigation, the investigator must inform the 2-5 law enforcement officer in writing of the nature of the 2-6 investigation and the name of each person who complained about the 2-7 law enforcement officer concerning the matters under investigation. 2-8 (b) An investigator may not conduct an interrogation of a 2-9 law enforcement officer based on a complaint by a complainant who 2-10 is not a peace officer unless the complainant verifies the 2-11 complaint in writing before a public officer who is authorized by 2-12 law to take statements under oath. 2-13 (c) In an investigation under this chapter, an investigator 2-14 may interrogate a law enforcement officer about events or conduct 2-15 reported by a witness who is not a complainant without disclosing 2-16 the name of the witness. 2-17 (d) An interrogation may be conducted to investigate a 2-18 complaint from an anonymous complainant if the agency employee 2-19 receiving the anonymous complaint certifies in writing, under oath, 2-20 that the complainant did not give the complainant's name or other 2-21 personal identification. 2-22 (e) This section does not apply to an investigation that 2-23 occurs on the scene of and immediately after an incident being 2-24 investigated if the limitations of this section would unreasonably 2-25 hinder the essential purpose of the investigation or interrogation. 2-26 If the limitations would hinder the investigation or interrogation, 2-27 the law enforcement officer under investigation must be furnished, 2-28 as soon as practicable, a written statement of the nature of the 2-29 investigation, the name of each complaining party, and the 2-30 complaint or statement. 2-31 Sec. 176.008. CONDUCT OF INTERROGATION. (a) An 2-32 interrogation session of a law enforcement officer who is the 2-33 subject of an investigation may not be unreasonably long. In 2-34 determining reasonableness, the gravity and complexity of the 2-35 investigation must be considered. The investigators shall allow 2-36 reasonable interruptions to permit the law enforcement officer to 2-37 attend to personal physical necessities. 2-38 (b) An investigator may not threaten a law enforcement 2-39 officer who is the subject of an investigation with punitive action 2-40 during an interrogation. An investigator, however, may inform a 2-41 law enforcement officer that failure to answer truthfully 2-42 reasonable questions directly related to the investigation or to 2-43 cooperate fully in the conduct of the investigation may result in 2-44 punitive action. 2-45 Sec. 176.009. RECORDING OF INTERROGATION. If prior 2-46 notification of intent to record an interrogation is given to the 2-47 other party, either the investigator or the law enforcement officer 2-48 who is the subject of an interrogation may record the 2-49 interrogation. 2-50 Sec. 176.010. RESULTS OF INVESTIGATION. (a) If an 2-51 investigation does not result in punitive action against a law 2-52 enforcement officer but does result in a reprimand recorded in 2-53 writing or an adverse finding or determination regarding the 2-54 officer, the reprimand, finding, or determination may not be placed 2-55 in the officer's personnel file unless the officer is first given 2-56 an opportunity to read and sign the document. 2-57 (b) If the law enforcement officer refuses to sign the 2-58 reprimand, finding, or determination, it may be placed in the 2-59 personnel file with a notation that the officer refused to sign it. 2-60 (c) A law enforcement officer may respond in writing to a 2-61 reprimand, finding, or determination that is placed in the 2-62 officer's personnel file under this section by submitting a written 2-63 response to the agency head within 10 days after the date the law 2-64 enforcement officer is asked to sign the document. The response 2-65 shall be placed in the personnel file. 2-66 (d) A law enforcement officer who receives a punitive action 2-67 and who elects not to appeal the action under any available appeal 2-68 procedure may file a written response as prescribed by this section 2-69 within 10 days after the date the officer is given written notice 2-70 of the punitive action from the agency head. 3-1 Sec. 176.011. EXCLUSION OF EVIDENCE. Any information 3-2 obtained in violation of this chapter may not be used as evidence 3-3 against the law enforcement officer in any administrative action. 3-4 SECTION 2. (a) Except as provided by Subsection (b) of this 3-5 section, Chapter 176, Local Government Code, as added by this Act, 3-6 applies only to an interrogation that takes place on or after the 3-7 effective date of this Act. 3-8 (b) Section 176.004, Local Government Code, as added by this 3-9 Act, applies only to an action of an agency head on or after the 3-10 effective date of this Act that is based on an interrogation or 3-11 investigation that takes place on, before, or after the effective 3-12 date of this Act. 3-13 (c) Subsection (b), Section 176.003, Local Government Code, 3-14 as added by this Act, applies only to an assignment that is made on 3-15 or after the effective date of this Act. 3-16 (d) Section 176.010, Local Government Code, as added by this 3-17 Act, applies only to a punitive action that is taken or to a 3-18 reprimand, finding, or determination that is placed in a personnel 3-19 file on or after the effective date of this Act. 3-20 SECTION 3. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended, 3-25 and that this Act take effect and be in force from and after its 3-26 passage, and it is so enacted. 3-27 * * * * *