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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas State Civilian Complaint |
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Review Board to investigate certain allegations of peace officer |
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misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 422 to read as follows: |
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CHAPTER 422. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 422.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the Texas State Civilian Complaint |
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Review Board. |
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(2) "Peace officer" means an individual elected, |
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appointed, or employed to serve as a peace officer for a |
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governmental entity under Article 2.12, Code of Criminal Procedure, |
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or other law. |
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Sec. 422.002. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD. |
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The board is established to investigate allegations of peace |
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officer misconduct as provided by this chapter. |
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Sec. 422.003. APPLICATION OF SUNSET ACT. The Texas State |
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Civilian Complaint Review Board is subject to Chapter 325 (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the board is abolished and this chapter expires September |
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1, 2023. |
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[Sections 422.004-422.050 reserved for expansion] |
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SUBCHAPTER B. TEXAS STATE CIVILIAN COMPLAINT REVIEW BOARD |
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Sec. 422.051. COMPOSITION OF BOARD. The board consists of |
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nine public members appointed by the governor, two of whom must be |
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appointed from a list of candidates submitted by the lieutenant |
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governor, two of whom must be appointed from a list of candidates |
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submitted by the speaker of the house of representatives, and two of |
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whom must be appointed from a list of candidates submitted by the |
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attorney general. |
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Sec. 422.052. INELIGIBILITY. A board member may not: |
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(1) be a state employee; |
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(2) hold any public office; or |
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(3) have any experience as a law enforcement |
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professional, including experience as a peace officer, a criminal |
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investigator, a special agent, or a managerial or supervisory |
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employee who exercised substantial policy discretion on law |
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enforcement matters, in a federal, state, or local law enforcement |
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agency, other than experience as an attorney in a prosecutorial |
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agency. |
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Sec. 422.053. TERMS. Board members are appointed for |
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two-year terms. |
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Sec. 422.054. PRESIDING OFFICER. The governor shall |
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designate a board member as the presiding officer of the board to |
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serve in that capacity at the pleasure of the governor. |
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Sec. 422.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It |
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is a ground for removal from the board that a member: |
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(1) is ineligible for membership under Section |
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422.052; |
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(2) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(3) is absent from more than half of the regularly |
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scheduled board meetings that the member is eligible to attend |
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during a calendar year without an excuse approved by a majority |
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vote of the board. |
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(b) The validity of an action of the board is not affected by |
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the fact that it is taken when a ground for removal of a board member |
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exists. |
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(c) If the executive director has knowledge that a potential |
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ground for removal exists, the executive director shall notify the |
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presiding officer of the board of the potential ground. The |
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presiding officer shall then notify the governor and the attorney |
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general that a potential ground for removal exists. If the |
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potential ground for removal involves the presiding officer, the |
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executive director shall notify the next highest ranking officer of |
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the board, who shall then notify the governor and the attorney |
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general that a potential ground for removal exists. |
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Sec. 422.056. VACANCY. A vacancy on the board shall be |
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filled for the unexpired term in the same manner as the original |
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appointment. |
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Sec. 422.057. COMPENSATION; EXPENSES. (a) A member of the |
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board is entitled to a per diem of $150 for each day the member |
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engages in board business. The total per diem a board member may |
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receive during a fiscal year may not exceed $5,000. |
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(b) A board member is entitled to reimbursement for actual |
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and necessary expenses incurred in performing the official duties |
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of the board. |
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[Sections 422.058-422.100 reserved for expansion] |
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SUBCHAPTER C. GENERAL POWERS AND DUTIES |
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Sec. 422.101. EXECUTIVE DIRECTOR. The board shall employ |
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an executive director to administer the policies of the board. |
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Sec. 422.102. PERSONNEL. (a) The board may employ |
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personnel as necessary to exercise its powers and fulfill its |
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duties under this chapter. |
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(b) The board shall appoint investigators who have previous |
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investigative experience to investigate complaints filed under |
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this chapter. |
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Sec. 422.103. RULES. The board may adopt rules as necessary |
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to implement this chapter. |
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[Sections 422.104-422.150 reserved for expansion] |
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SUBCHAPTER D. INVESTIGATION OF COMPLAINTS |
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Sec. 422.151. INVESTIGATION OF COMPLAINTS. (a) The board |
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may investigate a complaint that alleges peace officer misconduct |
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involving: |
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(1) excessive use of force; or |
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(2) abuse of authority, including the improper use of |
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powers to threaten, intimidate, or otherwise mistreat a member of |
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the public, threats of force, and unlawful acts, searches, and |
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seizures. |
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(b) A compliant may be filed under Section 422.152 or |
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initiated by a majority vote of the board. |
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Sec. 422.152. REQUIREMENTS FOR COMPLAINT. (a) A complaint |
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filed with the board under this chapter must: |
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(1) be in writing; |
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(2) allege the peace officer engaged in misconduct |
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described by Section 422.151(a); and |
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(3) describe the alleged misconduct. |
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(b) The person who files a complaint is not required to be |
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the alleged victim of the misconduct. |
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Sec. 422.153. INVESTIGATION OF COMPLAINT. The board shall |
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assign each complaint filed with the board to an investigator, who |
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shall take such steps as are necessary to investigate the |
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complaint, including: |
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(1) obtaining a statement from the complainant, |
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witness statements, and documentary evidence; and |
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(2) interviewing witnesses and any peace officer who |
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is the subject of the complaint. |
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Sec. 422.154. COMPLAINT REVIEW PROCEDURE. The board shall: |
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(1) develop a system to promptly and efficiently act |
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on complaints filed with the board; |
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(2) maintain information regarding: |
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(A) the parties to a complaint; |
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(B) the subject matter of the complaint; |
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(C) the results of the investigation of the |
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complaint; and |
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(D) the disposition of the complaint; |
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(3) make information available describing its |
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procedures for complaint investigation and resolution; |
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(4) take reasonable measures to ensure the |
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confidentiality of all complainants; |
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(5) periodically notify the parties to the complaint |
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in writing of the status of the complaint until final disposition; |
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and |
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(6) provide the parties to the complaint a name, |
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address, and telephone number of an individual to contact in order |
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to give or obtain information regarding the complaint. |
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Sec. 422.155. SUBPOENAS. (a) The board may issue a |
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subpoena to compel the attendance of a witness or the production of |
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any book, record, or other document reasonably necessary to conduct |
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an investigation under this chapter. The subpoena must relate to a |
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matter under investigation by the board. |
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(b) If a person refuses to obey a subpoena issued under this |
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section, the board may apply to a court for an order requiring that |
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the person obey the subpoena. Failure to obey the court order is |
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punishable as contempt. |
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Sec. 422.156. MEDIATION OF COMPLAINTS. (a) As an |
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alternative to an investigation and proposed discipline, the board |
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may offer to mediate a complaint filed with the board using a |
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trained, experienced mediator. |
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(b) The board shall establish procedures for mediating a |
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complaint and guidelines for determining which complaints are |
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appropriate for mediation. |
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Sec. 422.157. DISMISSAL OF COMPLAINT; GROUNDS FOR CLOSING |
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INVESTIGATION. The board may dismiss a complaint and close an |
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investigation without reaching a final determination when the |
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person who filed the complaint or the alleged victim of misconduct |
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asks the office to withdraw the complaint. |
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Sec. 422.158. COMPLAINT DETERMINATION AFTER INVESTIGATION. |
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(a) After an investigation of a complaint is complete, the |
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investigator shall forward the investigation to the board or a |
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panel of at least three board members. The board or panel shall |
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review the case, including all evidence, and make a determination |
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on each allegation in the complaint that has not been dismissed by |
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the board or mediated. The board's determination must be made not |
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later than six months after the date the board receives the |
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complaint. |
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(b) Except as provided by Subsection (c), the determination |
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for each allegation in the complaint must be: |
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(1) substantiated; |
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(2) exonerated; |
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(3) unfounded; |
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(4) unsubstantiated; or |
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(5) miscellaneous. |
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(c) The director must determine that "the person complained |
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about remains unidentified" if the person's identity has not been |
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discovered after the investigation. |
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(d) In this section, a "substantiated" determination means |
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that a preponderance of the evidence shows that the person who is |
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the subject of the complaint committed the alleged misconduct. |
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(e) In this section, an "exonerated" determination means |
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that a preponderance of the evidence shows that the person who is |
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the subject of the complaint engaged in the actions alleged in the |
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complaint but that the actions were not misconduct because the |
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person's actions were lawful and proper. |
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(f) In this section, an "unfounded" determination means |
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that a preponderance of the evidence shows that the person who is |
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the subject of the complaint did not commit the alleged misconduct. |
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(g) In this section, an "unsubstantiated" determination |
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means that the available evidence was insufficient to reach a |
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determination on a preponderance of the evidence of substantiated, |
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exonerated, or unfounded. |
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(h) In this section, "miscellaneous" means that a |
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preponderance of the evidence shows that the person who is the |
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subject of the complaint is no longer a peace officer. |
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Sec. 422.159. NOTICE OF BOARD'S DETERMINATION. (a) The |
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board shall notify the person who filed the complaint and each |
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person who is the subject of the complaint of the board's |
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determination. |
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(b) The board shall also notify the employer of the peace |
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officer who is the subject of the complaint of the board's |
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determination. If the board finds that a complaint is |
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substantiated, the board may recommend an appropriate disciplinary |
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action to the employer. If the peace officer's employer fails to |
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take disciplinary action against the peace officer before the 30th |
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day after the date the board notifies the employer of its |
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determination, the board shall forward the case to the attorney |
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representing the state in the prosecution of felonies for the |
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jurisdiction in which the misconduct occurred. |
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SECTION 2. The initial members of the Texas State Civilian |
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Complaint Review Board shall be appointed as provided by Section |
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422.051, Government Code, as added by this Act, not later than |
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October 1, 2011. |
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SECTION 3. This Act takes effect September 1, 2011. |