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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on the use of certain unsubstantiated |
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information relating to peace officer misconduct. |
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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. LIMITATION ON USE OF CERTAIN UNSUBSTANTIATED |
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INFORMATION RELATING TO PEACE OFFICER MISCONDUCT. (a) In this |
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article: |
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(1) "Attorney representing the state" means an |
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attorney authorized by law to represent the state in a criminal |
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case, including a district attorney, criminal district attorney, |
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county attorney with criminal jurisdiction, or city or municipal |
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attorney. |
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(2) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(b) A law enforcement agency may not disclose to an attorney |
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representing the state information relating to misconduct by a |
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peace officer who is or will serve as a witness in a criminal |
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proceeding unless the allegation of misconduct has been finally |
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adjudicated as sustained. |
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(c) When evaluating the credibility of a peace officer who |
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is serving or will serve as a witness in a criminal proceeding, the |
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attorney representing the state may not consider an allegation of |
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misconduct by the peace officer that has not been finally |
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adjudicated as sustained. |
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(d) For purposes of this article, an allegation of |
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misconduct by a peace officer is not considered finally adjudicated |
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as sustained if the allegation is currently under appeal through an |
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administrative process or judicial proceeding and the finder of |
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fact has not yet issued a finding. |
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(e) A peace officer who is the subject of a report of |
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misconduct submitted to an attorney representing the state by a law |
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enforcement agency or who has been notified of a determination by |
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the attorney representing the state that the officer is not |
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considered credible to testify in a criminal proceeding as a result |
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of an allegation of misconduct may dispute that report or |
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determination by filing a petition with the State Office of |
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Administrative Hearings. The attorney representing the state shall |
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provide specific details of the allegation to the peace officer for |
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purposes of a dispute made under this subsection. Notwithstanding |
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any other law, the State Office of Administrative Hearings shall |
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conduct a contested case hearing in accordance with Chapter 2001, |
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Government Code, for the petition. |
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(f) In a contested case under Subsection (e), an |
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administrative law judge employed by the State Office of |
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Administrative Hearings shall determine by a preponderance of the |
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evidence whether the alleged misconduct occurred regardless of |
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whether the applicable officer was terminated or whether that |
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officer resigned, retired, or separated in lieu of termination. If |
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the allegation of misconduct is not supported by a preponderance of |
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the evidence, the administrative law judge shall provide notice of |
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the finding to any attorney representing the state the petitioner |
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identifies as having received a report or as having made a |
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determination as described by Subsection (e). The attorney |
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representing the state may not consider the information when |
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evaluating the peace officer's credibility as a witness. |
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SECTION 2. This Act takes effect September 1, 2021. |