Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB1793 by Menéndez (Relating to complaints filed against certain law enforcement officers, peace officers, detention officers, county jailers, and fire fighters.), As Introduced
No fiscal implication to the State is anticipated.
The bill would amend the Government Code relating to filing complaints against a law enforcement officer or a fire fighter. The complaint must be in writing, signed by the person making the complaint, and filed with the head of the law enforcement agency or fire department or that person's designee. The bill would allow anyone including a law enforcement officer, an employee of the law enforcement agency, or fire department to file a complaint.
The bill would require that a copy of the complaint be given to the officer before the complaint is investigated. The bill would prohibit disciplinary action taken against the officer or employee unless a signed complaint is filed and a copy given to the officer or employee.
The bill would prohibit an indefinite suspension or termination unless the complaint is investigated and there is sufficient evidence to prove allegations of misconduct.
The bill would take effect September 1, 2017.
The Department of Public Safety, Commission on Jail Standards and Alcoholic Beverage Commission anticipate no state or local fiscal impact from the bill.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
405 Department of Public Safety, 409 Commission on Jail Standards, 458 Alcoholic Beverage Commission