By Tillery                                             H.B. No. 837
         77R3744 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to investigations of certain municipal police officers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Chapter 142, Local Government Code, is amended by
 1-5     adding Section 142.012 to read as follows:
 1-6           Sec. 142.012.  INVESTIGATION OF CERTAIN POLICE OFFICERS. (a)
 1-7     This section applies only to a municipality with a population of
 1-8     one million or more that has not adopted Chapter 143.
 1-9           (b)  In this section:
1-10                 (1)  "Complainant" means a person claiming to be the
1-11     victim of misconduct by a police officer.
1-12                 (2)  "Investigation" means an administrative
1-13     investigation, conducted by the municipality, of alleged misconduct
1-14     by a police officer that could result in punitive action against
1-15     that person.
1-16                 (3)  "Investigator" means an agent or employee of the
1-17     municipality who is assigned to conduct an investigation.
1-18                 (4)  "Punitive action" means a disciplinary suspension,
1-19     termination of employment, demotion in rank, reprimand, or any
1-20     combination of those actions.
1-21                 (5)  "Normally assigned working hours" includes those
1-22     hours during which a police officer is actually at work or at the
1-23     person's assigned place of work but does not include any time when
1-24     the person is off duty on authorized leave, including sick leave.
 2-1           (c)  An investigator may interrogate a police officer who is
 2-2     the subject of an investigation only during the police officer's
 2-3     normally assigned working hours unless:
 2-4                 (1)  the seriousness of the investigation, as
 2-5     determined by the head of the police  department or that person's
 2-6     designee, requires interrogation at another time; and
 2-7                 (2)  the police officer is compensated for the
 2-8     interrogation time on an overtime basis.
 2-9           (d)  The head of the police department may not consider work
2-10     time missed from regular duties by a police officer due to
2-11     participation in the conduct of an investigation in determining
2-12     whether to impose a punitive action or in determining the severity
2-13     of a punitive action.
2-14           (e)  An investigator may not interrogate a police officer who
2-15     is the subject of an investigation or conduct any part of the
2-16     investigation at that person's home without that person's
2-17     permission.
2-18           (f)  A person may not be assigned to conduct an investigation
2-19     if the person is the complainant, the ultimate decision-maker
2-20     regarding disciplinary action, or a person who has any personal
2-21     involvement regarding the alleged misconduct.  A police officer who
2-22     is the subject of an investigation has the right to inquire and, on
2-23     inquiry, to be informed of the identities of each investigator
2-24     participating in an interrogation of the police officer.
2-25           (g)  Before an investigator may interrogate a police officer
2-26     who is the subject of an investigation, the investigator must
2-27     inform the police officer in writing of the nature of the
 3-1     investigation and the name of each person who complained about the
 3-2     police officer concerning the matters under investigation.  An
 3-3     investigator may not conduct an interrogation of a police officer
 3-4     based on a complaint by a complainant who is not a peace officer
 3-5     unless the complainant verifies the complaint in writing before a
 3-6     public officer who is authorized by law to take statements under
 3-7     oath.  In an investigation authorized under this subsection, an
 3-8     investigator may interrogate a police officer about events or
 3-9     conduct reported by a witness who is not a complainant without
3-10     disclosing the name of the witness.  Not later than the 48th hour
3-11     before the hour on which an investigator begins to interrogate a
3-12     police officer regarding an allegation based on a complaint,
3-13     affidavit, or statement, the investigator shall give the police
3-14     officer a copy of the affidavit, complaint, or statement. An
3-15     interrogation may be based on a complaint from an anonymous
3-16     complainant if the departmental employee receiving the anonymous
3-17     complaint certifies in writing, under oath, that the complaint was
3-18     anonymous.  This subsection does not apply to an on-the-scene
3-19     investigation that occurs immediately after an incident being
3-20     investigated if the limitations of this subsection would
3-21     unreasonably hinder the essential purpose of the investigation or
3-22     interrogation.  If the limitation would hinder the investigation or
3-23     interrogation, the police officer under investigation must be
3-24     furnished, as soon as practicable, a written statement of the
3-25     nature of the investigation, the name of each complaining party,
3-26     and the complaint, affidavit, or statement.
3-27           (h)  An interrogation session of a police officer who is the
 4-1     subject of an investigation may not be unreasonably long.  In
 4-2     determining reasonableness, the gravity and complexity of the
 4-3     investigation must be considered.  The investigators shall allow
 4-4     reasonable interruptions to permit the police officer to attend to
 4-5     personal physical necessities.
 4-6           (i)  An investigator may not threaten a police officer who is
 4-7     the subject of an investigation with punitive action during an
 4-8     interrogation.  However, an investigator may inform a police
 4-9     officer that failure to truthfully answer reasonable questions
4-10     directly related to the investigation or to fully cooperate in the
4-11     conduct of the investigation may result in punitive action.
4-12           (j)  If prior notification of intent to record an
4-13     interrogation is given to the other party, either the investigator
4-14     or the police officer who is the subject of an interrogation may
4-15     record the interrogation.
4-16           (k)  If an investigation does not result in punitive action
4-17     against a police officer other than a reprimand recorded in writing
4-18     or an adverse finding or determination regarding that person, the
4-19     reprimand, finding, or determination may not be placed in that
4-20     person's personnel file unless the police officer is first given an
4-21     opportunity to read and sign the document.  If the police officer
4-22     refuses to sign the reprimand, finding, or determination, it may be
4-23     placed in the personnel file with a notation that the person
4-24     refused to sign it.  A police officer may respond in writing to a
4-25     reprimand, finding, or determination that is placed in the person's
4-26     personnel file under this subsection by submitting a written
4-27     response to the head of the police department within 10 days after
 5-1     the date the police officer is asked to sign the document.  The
 5-2     response shall be placed in the personnel file.  A police officer
 5-3     who receives a punitive action  may file a written response as
 5-4     prescribed by this subsection within 10 days after the date the
 5-5     person is given written notice of the punitive action from the head
 5-6     of the police department, unless the police officer is entitled to
 5-7     appeal the punitive action and elects to appeal.
 5-8           (l)  If the head of the police department or any investigator
 5-9     violates any provision of this section while conducting an
5-10     investigation, the municipality shall reverse any punitive action
5-11     taken based on the investigation, including a reprimand, and any
5-12     information obtained during the investigation may not be admitted
5-13     into evidence in any proceeding against the police officer.
5-14           SECTION 2. This Act takes effect September 1, 2001, and
5-15     applies only to an investigation of a police officer that begins on
5-16     or after the effective date of this Act.  An investigation of a
5-17     police officer that begins before the effective date of this Act is
5-18     governed by the law in effect on the date the investigation began,
5-19     and the former law is continued in effect for that purpose.