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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties of peace officers and law enforcement |
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agencies concerning certain information subject to disclosure to a |
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defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.1397 to read as follows: |
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Art. 2.1397. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. |
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(a) A law enforcement agency filing a case with the attorney |
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representing the state shall submit to the attorney representing |
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the state a written statement by a peace officer employed by the |
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agency acknowledging that all documents, items, and information in |
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the possession of the agency that are required to be disclosed to |
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the defendant in the case under Article 39.14(h) have been |
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transmitted to the attorney representing the state. |
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(b) If at any time after the case is filed with the attorney |
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representing the state the law enforcement agency discovers or |
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acquires any additional document, item, or information required to |
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be disclosed to the defendant under Article 39.14(h) or (k), a peace |
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officer employed by the agency shall promptly transmit the |
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document, item, or information to the attorney representing the |
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state. |
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(c) A law enforcement agency shall promptly disclose to each |
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attorney representing the state with whom the agency files cases |
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the identity of each peace officer or other employee of the agency |
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for whom a finding of misconduct has been sustained if that finding |
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would be required to be disclosed to a defendant under Article |
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39.14. |
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SECTION 2. Section 1701.501(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (d), the commission |
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shall revoke or suspend a license, place on probation a person whose |
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license has been suspended, or reprimand a license holder for a |
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violation of: |
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(1) this chapter; |
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(2) the reporting requirements provided by Articles |
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2.132 and 2.134, Code of Criminal Procedure; |
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(3) a duty imposed by Article 2.1397, Code of Criminal |
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Procedure; or |
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(4) [(3)] a commission rule. |
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SECTION 3. This Act takes effect September 1, 2019. |