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.