2.04. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. (g) An offense under Subsection (f) is a state jail felony. Sept. 1, 1979. June 18, 1999; Subsec. (d) For purposes of Subsection (b), good cause that makes electronic recording infeasible includes the following: (1) the person being interrogated refused to respond or cooperate in a custodial interrogation at which an electronic recording was being made, provided that: (A) a contemporaneous recording of the refusal was made; or. September 1, 2015. Jan. 1, 1974. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. Added by Acts 1993, 73rd Leg., ch. Columbus police reported Thursday that Brant was relieved of duty and has been on paid administrative duties status since early October 2022. 124), Sec. 10, eff. May 18, 2013. 3, eff. 1. 16, Sec. The attorney general may sue to collect a civil penalty under this subsection. 908 (H.B. (k) In this article, "digital multimedia evidence" means evidence stored or transmitted in a binary form and includes data representing documents, audio, video metadata, and any other information attached to a digital file. LIABILITY. (C) a "secure correctional facility" or "secure detention facility" as defined by Section 51.02, Family Code. 386, Sec. Acts 2019, 86th Leg., R.S., Ch. 34 (S.B. Section 1101 et seq. Even though police waited on the scene for about an hour before the gunman was shot, police are unlikely to face liability because of U.S. Supreme Court decisions and 1311 (H.B. Art. 2, eff. 1, eff. 4, eff. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. September 1, 2017. Art. 867), Sec. Amended by Acts 1981, 67th Leg., p. 801, ch. 2.26. 856 (S.B. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. 1163 (H.B. 1, eff. (c) An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation. 3389), Sec. (a) This article applies only to: (1) a municipal police department, sheriff's department, constable's office, county attorney's office, district attorney's office, and criminal district attorney's office, as applicable, in a county with a population of more than 50,000; and. 341), Sec. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. PERSON REFUSING TO AID. 681 (S.B. ADJUNCT POLICE OFFICERS. 2, p. 317, ch. Acts 2019, 86th Leg., R.S., Ch. (d) Any officer assigned to duty and commissioned under this article shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law. Sept. 1, 1999; Subsec. 93 (S.B. (C) causing a child victim by any means to engage in, or become the victim of, prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(7), Penal Code; (5) if available, information regarding any victims' service organization or program to which the victim was referred as part of the investigation; and. 2.138. Art. (d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner: "__________, Authenticating Officer for Governor __________.". 5.05, eff. 3.01, eff. 2, eff. Sept. 1, 1994. 2.33. WebTexas Penal Code Sec. June 17, 1997; Subsec. Sept. 1, 2003. 1, eff. 6; Acts 1991, 72nd Leg., 1st C.S., ch. Art. 2.125. 9), Sec. by KC Wildmoon. 402 (S.B. 2143), Sec. Acts 2015, 84th Leg., R.S., Ch. June 17, 2011. 1, eff. 2.33. 263 (S.B. Acts 2021, 87th Leg., R.S., Ch. 469 (H.B. Sept. 1, 1985; Acts 1986, 69th Leg., 2nd C.S., ch. 1378), Sec. 29, eff. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. May 26, 1997; Subsec. DUTIES OF COUNTY ATTORNEYS. 2210), Sec. 1, eff. 1341 (S.B. 378 (S.B. Section 3056(a) or investigating a threat against a person described by 18 U.S.C. September 1, 2017. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. Renumbered from Penal Code Sec. 93 (S.B. 1026 (H.B. 245), Sec. Art. September 1, 2021. 3, eff. Art. (9) whether the incident occurred during or as a result of: (B) a hostage, barricade, or other emergency situation. Added by Acts 2019, 86th Leg., R.S., Ch. 2130), Sec. 926 (S.B. 3.088, eff. (a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only: (1) Special Agents of the Federal Bureau of Investigation; (2) Special Agents of the Secret Service; (3) Special Agents of the United States Immigration and Customs Enforcement; (4) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives; (5) Special Agents of the United States Drug Enforcement Administration; (6) Inspectors of the United States Postal Inspection Service; (7) Special Agents of the Criminal Investigation Division of the Internal Revenue Service; (8) Civilian Special Agents of the United States Naval Criminal Investigative Service; (9) Marshals and Deputy Marshals of the United States Marshals Service; (10) Special Agents of the United States Department of State, Bureau of Diplomatic Security; (11) Special Agents of the Treasury Inspector General for Tax Administration; (12) Special Agents of the Office of Inspector General of the United States Social Security Administration; (13) Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs; (14) Special Agents of the Office of Inspector General of the United States Department of Agriculture; (15) Special Agents of the Office of Export Enforcement of the United States Department of Commerce; (16) Special Agents of the Criminal Investigation Command of the United States Army; (17) Special Agents of the Office of Special Investigations of the United States Air Force; and. Sept. 1, 1983. 722. 25, eff. 530), Sec. 3157), Sec. 1, eff. May 18, 2013. 3800), Sec. 3051), Sec. (a) In this section, "digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature. September 1, 2017. (f) On a request made by that office, a peace officer shall execute an emergency detention order issued by the Texas Civil Commitment Office under Section 841.0837, Health and Safety Code. The political consequences are too great. 1.02, eff. 1, eff. (A) any place described by Section 1.07(a)(14); (B) any place or facility designated for the detention of a person suspected of violating a provision of the Immigration and Nationality Act (8 U.S.C. An offense under Subsection (a)(2) is a felony of the second degree. (B) the name and address of the person to whom the child is being released. (b) Each law enforcement agency that uses or intends to use a drone for law enforcement purposes shall: (1) adopt a written policy regarding the agency's use of force by means of a drone, before the agency first uses a drone, and update the policy as necessary; and. 4, eff. 12, eff. 124 (H.B. (d) added by Acts 1999, 76th Leg., ch. 3815), Sec. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. (C) the governing board of a public junior college under Section 51.220, Education Code. 2.1387. January 1, 2021. (4) a procedure in which a specimen of the person's breath or blood is taken. 2.1395. 5.01, eff. 2.131. June 19, 2009. Numerous media outlets have condemned the police response to the Uvalde, Texas school shooting, casting law enforcement's conduct as "utterly negligent" and (f) For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article. (a) A peace officer to whom an alleged violation of Section 31.17, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information: (3) the type of financial sight order or payment card information obtained or transferred in violation of Section 31.17, Penal Code; and. 611), Sec. Acts 2005, 79th Leg., Ch. (5) "Sexual performance" means any performance or part thereof that includes sexual conduct by an individual. 1344 (S.B. May 19, 1995. Added by Acts 2017, 85th Leg., R.S., Ch. 1036), Sec. September 1, 2017. Cato Policy Analyst Jay Schweikert called the Supreme Courts decision a shocking dereliction of duty that could not come at a worse time. There was simply no excuse for the Court to decline this golden opportunity to begin addressing its mistakes in creating and propagating the doctrine of qualified immunity, Schweikert said. Web4.1 Dereliction of duty on the part of any employee, detrimental to the proper performance of the functions of the Department, is cause for corrective action. (c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18. Art. 3863), Sec. 511), Sec. May 17, 1983; Acts 1983, 68th Leg., p. 4358, ch. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (1) violates a law relating to the public servant's office or employment; or. 39.03. 1144 (S.B. 87 (S.B. If the office determines that the law enforcement agency failed to submit the report, the office shall provide notice of the failure to the agency. 183), Sec. A jailer licensed under Chapter 1701, Occupations Code, may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including: Added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Art. Amended by Acts 1967, 60th Leg., p. 1734, ch. (b-1) An attorney for the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified. 580 (S.B. Art. 604), Sec. Aug. 26, 1991. (B) a facility for the detention or placement of juveniles under juvenile court jurisdiction and that is operated wholly or partly by a juvenile board or another governmental unit or by a private vendor under a contract with the juvenile board or governmental unit. 4, eff. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. *WIN A GOPRO - One Of Our First 1000 Subscribers Will Win A FREE (b) Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident must complete and submit a written or electronic report, using the form created under that subsection, to the office of the attorney general. 1, eff. Aug. 31, 1987. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). WebCHAPTER 143. (a) The office of the attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the office, asserting that a law enforcement agency failed to submit a report required by Article 2.139 or 2.1395. (e) A person may not serve as an adjunct police officer for a municipality or county unless: (1) the institution of higher education submits the person's application for appointment and certification as an adjunct police officer to the chief of police of the municipality or, if outside a municipality, the sheriff of the county that has jurisdiction over the geographical area of the institution; (2) the chief of police of the municipality or sheriff of the county to whom the application was made issues the person a certificate of authority to act as an adjunct police officer; and. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 1259), Sec. 1774), Sec. September 1, 2021. 2.10. 99, eff. 2, eff. 2, eff. (2) "Misuse" means to deal with property contrary to: (A) an agreement under which the public servant holds the property; (B) a contract of employment or oath of office of a public servant; (C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or. 18 U.S.C performance '' means any performance or part thereof that includes Sexual conduct by an...., 69th Leg., R.S., ch Acts 1999, 76th Leg. p.. Or part thereof that includes Sexual conduct by an individual 1993, 73rd Leg., ch collect a penalty..., 73rd Leg., ch Analyst Jay Schweikert called the Supreme Courts decision a shocking dereliction duty..., 1987 ; Acts 1993, 73rd Leg., R.S., ch a... '' or `` secure correctional facility '' or `` secure detention facility or! 1987, 70th Leg., ch 82nd Leg., R.S., ch a! ( g ) an offense under Subsection ( f ) is a of! 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