By Moreno of Harris H.B. No. 3320
77R4706 KSD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to investigations of certain county law enforcement
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 158, Local Government Code,
1-6 is amended by adding Section 158.041 to read as follows:
1-7 Sec. 158.041. INVESTIGATION OF COUNTY LAW ENFORCEMENT
1-8 OFFICERS. (a) This section applies only to a county with a
1-9 population of 2.8 million or more.
1-10 (b) In this section:
1-11 (1) "Complainant" means a person claiming to be the
1-12 victim of misconduct by a county law enforcement officer.
1-13 (2) "County law enforcement officer" means a deputy
1-14 sheriff or other peace officer or a jailer appointed or employed by
1-15 the department.
1-16 (3) "Investigation" means an administrative
1-17 investigation, conducted by the county or the department, of
1-18 alleged misconduct by a county law enforcement officer that could
1-19 result in punitive action against that person.
1-20 (4) "Investigator" means an agent or employee of the
1-21 county or the department who is assigned to conduct an
1-22 investigation.
1-23 (5) "Punitive action" means a disciplinary suspension,
1-24 dismissal, demotion in rank, reprimand, or any combination of those
2-1 actions.
2-2 (6) "Normally assigned working hours" includes those
2-3 hours during which a county law enforcement officer is actually at
2-4 work or at the person's assigned place of work but does not include
2-5 any time when the person is off duty on authorized leave, including
2-6 sick leave.
2-7 (c) An investigator may interrogate a county law enforcement
2-8 officer who is the subject of an investigation only during the
2-9 officer's normally assigned working hours unless:
2-10 (1) the seriousness of the investigation, as
2-11 determined by the sheriff or the sheriff's designee, requires
2-12 interrogation at another time; and
2-13 (2) the officer is compensated for the interrogation
2-14 time on an overtime basis.
2-15 (d) The sheriff may not consider work time missed from
2-16 regular duties by a county law enforcement officer due to
2-17 participation in the conduct of an investigation in determining
2-18 whether to impose a punitive action or in determining the severity
2-19 of a punitive action.
2-20 (e) An investigator may not interrogate a county law
2-21 enforcement officer who is the subject of an investigation or
2-22 conduct any part of the investigation at that person's home without
2-23 that person's permission.
2-24 (f) A person may not be assigned to conduct an investigation
2-25 if the person is the complainant, the ultimate decision-maker
2-26 regarding disciplinary action, or a person who has any personal
2-27 involvement regarding the alleged misconduct. A county law
3-1 enforcement officer who is the subject of an investigation has the
3-2 right to inquire and, on inquiry, to be informed of the identities
3-3 of each investigator participating in an interrogation of the
3-4 officer.
3-5 (g) Before an investigator may interrogate a county law
3-6 enforcement officer who is the subject of an investigation, the
3-7 investigator must inform the officer in writing of the nature of
3-8 the investigation and the name of each person who complained about
3-9 the officer concerning the matters under investigation. An
3-10 investigator may not conduct an interrogation of an officer based
3-11 on a complaint by a complainant who is not a peace officer or a
3-12 jailer unless the complainant verifies the complaint in writing
3-13 before a public officer who is authorized by law to take statements
3-14 under oath. In an investigation authorized under this subsection,
3-15 an investigator may interrogate an officer about events or conduct
3-16 reported by a witness who is not a complainant without disclosing
3-17 the name of the witness. Not later than the 48th hour before the
3-18 hour on which an investigator begins to interrogate an officer
3-19 regarding an allegation based on a complaint, affidavit, or
3-20 statement, the investigator shall give the officer a copy of the
3-21 affidavit, complaint, or statement. An interrogation may be based
3-22 on a complaint from an anonymous complainant if the departmental
3-23 employee receiving the anonymous complaint certifies in writing,
3-24 under oath, that the complaint was anonymous. This subsection does
3-25 not apply to an on-the-scene investigation that occurs immediately
3-26 after an incident being investigated if the limitations of this
3-27 subsection would unreasonably hinder the essential purpose of the
4-1 investigation or interrogation. If the limitation would hinder the
4-2 investigation or interrogation, the officer under investigation
4-3 must be furnished, as soon as practicable, a written statement of
4-4 the nature of the investigation, the name of each complaining
4-5 party, and the complaint, affidavit, or statement.
4-6 (h) An interrogation session of a county law enforcement
4-7 officer who is the subject of an investigation may not be
4-8 unreasonably long. In determining reasonableness, the gravity and
4-9 complexity of the investigation must be considered. The
4-10 investigators shall allow reasonable interruptions to permit the
4-11 officer to attend to personal physical necessities.
4-12 (i) An investigator may not threaten a county law
4-13 enforcement officer who is the subject of an investigation with
4-14 punitive action during an interrogation. However, an investigator
4-15 may inform an officer that failure to truthfully answer reasonable
4-16 questions directly related to the investigation or to fully
4-17 cooperate in the conduct of the investigation may result in
4-18 punitive action.
4-19 (j) If prior notification of intent to record an
4-20 interrogation is given to the other party, either the investigator
4-21 or the county law enforcement officer who is the subject of an
4-22 interrogation may record the interrogation.
4-23 (k) If an investigation does not result in punitive action
4-24 against a county law enforcement officer other than a reprimand
4-25 recorded in writing or an adverse finding or determination
4-26 regarding that person, the reprimand, finding, or determination may
4-27 not be placed in that person's personnel file unless the officer is
5-1 first given an opportunity to read and sign the document. If the
5-2 officer refuses to sign the reprimand, finding, or determination,
5-3 it may be placed in the personnel file with a notation that the
5-4 person refused to sign it. An officer may respond in writing to a
5-5 reprimand, finding, or determination that is placed in the person's
5-6 personnel file under this subsection by submitting a written
5-7 response to the sheriff within 10 days after the date the officer
5-8 is asked to sign the document. The response shall be placed in the
5-9 personnel file. An officer who receives a punitive action and who
5-10 elects not to appeal the action may file a written response as
5-11 prescribed by this subsection within 10 days after the date the
5-12 person is given written notice of the punitive action from the
5-13 sheriff.
5-14 (l) If the sheriff or any investigator violates any
5-15 provision of this section while conducting an investigation, the
5-16 county or department shall reverse any punitive action taken based
5-17 on the investigation, including a reprimand, and any information
5-18 obtained during the investigation may not be admitted into evidence
5-19 in any proceeding against the county law enforcement officer.
5-20 SECTION 2. This Act takes effect September 1, 2001, and
5-21 applies only to an investigation of a county law enforcement
5-22 officer that begins on or after the effective date of this Act. An
5-23 investigation of an officer that begins before the effective date
5-24 of this Act is governed by the law in effect on the date the
5-25 investigation began, and the former law is continued in effect for
5-26 that purpose.