Bill Text: TX SB1793 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to complaints filed against certain law enforcement officers, peace officers, detention officers, county jailers, and fire fighters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-19 - Not again placed on intent calendar [SB1793 Detail]
Download: Texas-2017-SB1793-Comm_Sub.html
By: Menéndez | S.B. No. 1793 | |
(In the Senate - Filed March 9, 2017; March 23, 2017, read | ||
first time and referred to Committee on Criminal Justice; | ||
May 4, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 5, Nays 0; May 4, 2017, sent | ||
to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1793 | By: Perry |
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relating to complaints filed against certain law enforcement | ||
officers, peace officers, detention officers, county jailers, and | ||
fire fighters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 614, Government Code, is | ||
amended by adding Section 614.0205 to read as follows: | ||
Sec. 614.0205. DEFINITIONS. In this subchapter: | ||
(1) "Complaint" means an allegation that a law | ||
enforcement officer or fire fighter has committed misconduct or has | ||
violated a policy of the law enforcement agency or fire department | ||
that appointed or employs the officer or employee. | ||
(2) "Law enforcement agency" means an agency of this | ||
state or an agency of a political subdivision of this state | ||
authorized by law to appoint or employ a law enforcement officer. | ||
(3) "Law enforcement officer" means a peace officer | ||
under Article 2.12, Code of Criminal Procedure, or other law or a | ||
detention officer or county jailer. | ||
SECTION 2. Section 614.021(a), Government Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b), this subchapter | ||
applies only to a complaint against: | ||
(1) a law enforcement officer appointed or employed by | ||
a law enforcement agency [ |
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(2) a fire fighter [ |
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political subdivision of this state[ |
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SECTION 3. Section 614.022, Government Code, is amended to | ||
read as follows: | ||
Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY | ||
COMPLAINANT. (a) To be considered by the head of a law enforcement | ||
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(1) in writing; [ |
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(2) signed by the person making the complaint; and | ||
(3) filed with: | ||
(A) the head of the law enforcement agency or | ||
fire department or that person's designee; or | ||
(B) an independent entity responsible for | ||
receiving the complaint. | ||
(b) Any person, including a law enforcement officer or an | ||
employee of a law enforcement agency or fire department, may file a | ||
complaint under this section. | ||
SECTION 4. Sections 614.023(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) A copy of a signed complaint against an officer or | ||
employee to whom this subchapter applies [ |
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reasonable time after the complaint is filed. | ||
(b) Disciplinary action may not be taken against the officer | ||
or employee unless: | ||
(1) a signed complaint against the officer or employee | ||
is filed; and | ||
(2) a copy of the [ |
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officer or employee not later than 36 hours before the disciplinary | ||
action is taken. | ||
SECTION 5. The change in law made by this Act applies only | ||
to a complaint relating to conduct that occurs on or after the | ||
effective date of this Act. A complaint relating to conduct that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect on the date the conduct occurred, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2017. | ||
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