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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. The heading to Subchapter B, Chapter 2A, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER B. POWERS AND DUTIES OF [PEACE OFFICERS AND] LAW |
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ENFORCEMENT [AGENCIES] |
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SECTION 2. Chapter 2A, Code of Criminal Procedure, is |
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amended by adding Subchapter C-1 to read as follows: |
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SUBCHAPTER C-1. POWERS AND DUTIES OF LAW ENFORCEMENT AND ATTORNEYS |
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REPRESENTING THE STATE |
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Art. 2A.131. 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 in district court in the county |
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in which the law enforcement agency is located. The attorney |
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representing the state shall provide specific details of the |
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allegation to the peace officer for purposes of a dispute made under |
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this subsection. On receiving a petition under this subsection, |
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the district court shall conduct a hearing to determine the |
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validity of the disputed allegation of misconduct in accordance |
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with Subsection (f). |
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(f) In a hearing under Subsection (e), the district court |
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shall determine by a preponderance of the evidence whether the |
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alleged misconduct occurred regardless of whether the applicable |
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officer was terminated or whether that officer resigned, retired, |
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or separated in lieu of termination. If the allegation of |
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misconduct is not supported by a preponderance of the evidence, the |
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court shall provide notice of the finding to any attorney |
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representing the state the petitioner identifies as having received |
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a report or as having made a determination as described by |
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Subsection (e). The attorney representing the state may not |
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consider the allegation of misconduct when evaluating the peace |
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officer's credibility as a witness. |
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SECTION 3. This Act takes effect September 1, 2025. |