Bill Text: TX HB799 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 799 (Prior Session Legislation)

Introduced

Bill Title: Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2023-04-11 - Left pending in committee [HB799 Detail]

Download: Texas-2023-HB799-Introduced.html

	88R3712 SHH-F

	By: Harris of Anderson	H.B. No. 799



	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 2.1398 to read as follows:
	Art. 2.1398. 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 allegation of
	misconduct when evaluating the peace officer's credibility as a
	witness.
	SECTION 2. This Act takes effect September 1, 2023.