By Gallegos S.B. No. 1258 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.