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.