87R8908 MAW-F
 
  By: Creighton S.B. No. 1894
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a limitation on the use of certain unsubstantiated
  information relating to peace officer misconduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.1397 to read as follows:
         Art. 2.1397.  LIMITATION ON USE OF CERTAIN UNSUBSTANTIATED
  INFORMATION RELATING TO PEACE OFFICER MISCONDUCT. (a) In this
  article: 
               (1)  "Attorney representing the state" means an
  attorney authorized by law to represent the state in a criminal
  case, including a district attorney, criminal district attorney,
  county attorney with criminal jurisdiction, or city or municipal
  attorney.
               (2)  "Law enforcement agency" means an agency of the
  state or an agency of a political subdivision of the state
  authorized by law to employ peace officers.
         (b)  A law enforcement agency may not disclose to an attorney
  representing the state information relating to misconduct by a
  peace officer who is or will serve as a witness in a criminal
  proceeding unless the allegation of misconduct has been finally
  adjudicated as sustained.
         (c)  When evaluating the credibility of a peace officer who
  is serving or will serve as a witness in a criminal proceeding, the
  attorney representing the state may not consider an allegation of
  misconduct by the peace officer that has not been finally
  adjudicated as sustained.
         (d)  For purposes of this article, an allegation of
  misconduct by a peace officer is not considered finally adjudicated
  as sustained if the allegation is currently under appeal through an
  administrative process or judicial proceeding and the finder of
  fact has not yet issued a finding.
         (e)  A peace officer who is the subject of a report of
  misconduct submitted to an attorney representing the state by a law
  enforcement agency or who has been notified of a determination by
  the attorney representing the state that the officer is not
  considered credible to testify in a criminal proceeding as a result
  of an allegation of misconduct may dispute that report or
  determination by filing a petition with the State Office of
  Administrative Hearings. The attorney representing the state shall
  provide specific details of the allegation to the peace officer for
  purposes of a dispute made under this subsection. Notwithstanding
  any other law, the State Office of Administrative Hearings shall
  conduct a contested case hearing in accordance with Chapter 2001,
  Government Code, for the petition.
         (f)  In a contested case under Subsection (e), an
  administrative law judge employed by the State Office of
  Administrative Hearings shall determine by a preponderance of the
  evidence whether the alleged misconduct occurred regardless of
  whether the applicable officer was terminated or whether that
  officer resigned, retired, or separated in lieu of termination. If
  the allegation of misconduct is not supported by a preponderance of
  the evidence, the administrative law judge shall provide notice of
  the finding to any attorney representing the state the petitioner
  identifies as having received a report or as having made a
  determination as described by Subsection (e). The attorney
  representing the state may not consider the information when
  evaluating the peace officer's credibility as a witness.
         SECTION 2.  This Act takes effect September 1, 2021.