(9) whether the incident occurred during or as a result of: (B) a hostage, barricade, or other emergency situation. 544, Sec. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (a) If a peace officer locates a child or other person listed on the Texas Crime Information Center's child safety check alert list established under Section 261.3022, Family Code, the officer shall: (1) immediately contact the Department of Family and Protective Services on the department's dedicated law-enforcement telephone number for statewide intake; (2) request information from the department regarding the circumstances of the case involving the child or other person; and. May 24, 1999; Subsec. If the peace officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the Department of Family and Protective Services. Boy, are you going to be disappointed when you learn that the US Supreme Court has already ruled the police that you pay taxes to support have absolutely zero obligation to protect you . (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). 854, Sec. Art. (c) If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing the state. February 24, 2023. May 29, 1999; Acts 1999, 76th Leg., ch. COUNTY JAILERS. 1172 (H.B. The attorney general may sue to collect a civil penalty under this subsection. 1104, Sec. 1. It was dereliction of duty. entrepreneurship, were lowering the cost of legal services and RULES. Added by Acts 2021, 87th Leg., R.S., Ch. 343), Sec. (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. Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and, (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and. September 1, 2019. 6.001, eff. January 1, 2021. 2, eff. 1, eff. 2, eff. September 1, 2011. Acts 1973, 63rd Leg., p. 883, ch. (d) The attorney general may enter into a contract with a university that provides for the university's assistance in the collection and analysis of information received under this article. Art. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 911 (S.B. (2) inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense. 580 (S.B. 1011 (H.B. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Section 3056(a) has the powers of arrest, search, and seizure as to: (1) misdemeanor offenses under the laws of this state; and. (f) A peace officer commissioned under this article is not entitled to state benefits normally provided by the state to a peace officer. An offense under Subsection (a)(2) is a felony of the second degree. Acts 2015, 84th Leg., R.S., Ch. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. 3, eff. In this subsection, "national park or national recreation area" means a national park or national recreation area included in the National Park System as defined by 16 U.S.C. 1, eff. The attorney general may sue to collect a civil penalty under this subsection. 895 (H.B. Acts 2015, 84th Leg., R.S., Ch. On the first day of each month, the sheriff shall give notice, in writing, to the district or county attorney, where there be one, as to all prisoners in his custody, naming them, and of the authority under which he detains them. Dec. 4, 1986; Acts 1987, 70th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 1965, 59th Leg., vol. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (c) A peace officer serving as an adjunct police officer may make arrests and exercise all authority given peace officers under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Art. Acts 2015, 84th Leg., R.S., Ch. Art. May 18, 2013. 2130), Sec. FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. 2.05, eff. Quick Take: Dereliction of Duty Police officers in Uvalde, Texas, failed to serve and protect Thomas M Gregg May 28, 2022 3 1 The tragic reality of lessons September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 93 (S.B. 2.33. (b) An electronically transmitted document issued or received by a court or a clerk of the court in a criminal matter is considered signed if a digital signature is transmitted with the document. 2.05. Art. Jan. 1, 1974. WebDereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. 12, eff. (B) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the person's refusal but the person was unwilling to have the refusal recorded, and the peace officer or agent contemporaneously, in writing, documented the refusal; (2) the statement was not made as the result of a custodial interrogation, including a statement that was made spontaneously by the accused and not in response to a question by a peace officer; (3) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the interrogation but the recording equipment did not function, the officer or agent inadvertently operated the equipment incorrectly, or the equipment malfunctioned or stopped operating without the knowledge of the officer or agent; (4) exigent public safety concerns prevented or rendered infeasible the making of an electronic recording of the statement; or. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1987, 70th Leg., ch. (d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting. February 24, 2023. ATTORNEY PRO TEM. Art. 6, eff. June 14, 2013. 291), Sec. 158, Sec. Art. 1.01, eff. Art. 2, eff. (b) A law enforcement agency filing a case with the attorney representing the state shall submit to the attorney representing the state a written statement by an agency employee with knowledge of the case acknowledging that all documents, items, and information in the possession of the agency that are required to be disclosed to the defendant in the case under Article 39.14 have been disclosed to the attorney representing the state. (2) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of this state, that employs peace officers who, in the routine performance of the officers' duties, conduct custodial interrogations of persons suspected of committing criminal offenses. 1163 (H.B. If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training program provided by the sheriff, the jailer 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: (1) a warrant under Chapter 15, 17, or 18; (3) a subpoena under Chapter 20A or 24; or. 339, Sec. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. 2.195. (B) obtain any other information the Department of Family and Protective Services considers: (i) relevant to protect the welfare of the child; or. June 14, 1989; Acts 1989, 71st Leg., ch. (h) The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article. 93 (S.B. 34 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. 516 (H.B. (2) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. Acts 2021, 87th Leg., R.S., Ch. (e) Not later than March 1 of each year, the office of the attorney general shall submit a report regarding all officer-involved injuries or deaths that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. September 1, 2007. 979 (S.B. Acts 2015, 84th Leg., R.S., Ch. Art. 29, eff. 1, eff. In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). PROVISION OF FUNDING OR EQUIPMENT. 2, eff. In addition, 1.01, eff. 1, eff. 2, eff. Jacob Rothschild, George Soros, Bill Gates, and Tony Fauci would be tried for crimes against humanity and have their wealth confiscated and added to public coffers. (2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance. (b) A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review. 3051), Sec. The form must include spaces to report only the following information: (3) the age, gender, and race or ethnicity of each injured or deceased peace officer involved in the incident; (4) if known, the age, gender, and race or ethnicity of each person who discharged a firearm and caused injury or death to a peace officer involved in the incident; and. Acts 2007, 80th Leg., R.S., Ch. (g) A clerk in a county with a population of less than two million must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant before disposing of an eligible exhibit. 732 (S.B. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (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. 1341 (S.B. 176 (S.B. Web(a) A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person: (1) has custody of a person subject to an immigration detainer request issued by United States Immigration 2.18. A memorial to the 19 children and two adults killed in a mass shooting May 24, 2022 at Robb Elementary School in Uvalde is seen Wednesday, Feb. 15, 2023 in front of the school. (2) continues until the time the interrogation ceases. 235, Sec. 1303 (H.B. 1.01, eff. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. (g) A railroad company is liable for any act or omission by a person serving as a railroad peace officer for the company that is within the person's scope of employment. 1. 2.021. 2.212. (a) A peace officer to whom an alleged violation of Section 32.51, 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 identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and. 25, eff. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 2.125. 1136 (S.B. Sept. 1, 1994. 2.15. 2.04. 1319 (S.B. Art. 156, Sec. (a) A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person: (1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; (2) speculates or aids another to speculate on the basis of the information; or. (2) is assisting another law enforcement agency. 4), Sec. 908 (H.B. 604), Sec. 111), Sec. 2.25. Renumbered from Penal Code Sec. (a) A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person: (1) has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement; and. 584 (H.B. Through social (d) In this article, "eligible exhibit" means an exhibit filed with the clerk that: (2) has not been ordered by the court to be returned to its owner; and. Sept. 1, 1979. (c) Not later than the 30th day after the date of an officer-involved injury or death, the law enforcement agency employing an officer involved in the incident must complete and submit a written or electronic report, using the form created under Subsection (b), to the office of the attorney general. 6; Acts 1991, 72nd Leg., 1st C.S., ch. CONSERVATOR OF THE PEACE. 1, eff. September 1, 2019. Added by Acts 2011, 82nd Leg., R.S., Ch. 36.06 Obstruction or Retaliation (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) September 1, 2011. Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. RACIAL PROFILING PROHIBITED. (2) only act as necessary to prevent or abate the commission of an offense that threatens serious bodily injury or death of students, faculty, or visitors on school premises. 722. 2.29. (a) On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code. 7), Sec. (e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense. 950 (S.B. Acts 2007, 80th Leg., R.S., Ch. (j) If a request is timely received, the clerk shall deliver the eligible exhibit to the person making the request if the court determines the requestor is the owner of the eligible exhibit. 2.17. In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case. 1172 (H.B. 1576), Sec. 3452), Sec. 1233), Sec. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. To effect this purpose, the officer shall use all lawful means. 1423, Sec. (b) A judge of a court in which a district or county attorney represents the State shall declare the district or county attorney disqualified for purposes of Article 2.07 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute. Added by Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 39.01. 1, eff. 402 (S.B. 2.271. Acts 1965, 59th Leg., vol. 5.05, eff. 176 (S.B. She was relieved of duty last October. Acts 2011, 82nd Leg., R.S., Ch. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. 1124 (H.B. 1128, Sec. The basic provisions of Texas negligence laws are listed in the table below. 580 (S.B. September 1, 2019. September 1, 2005. Added by Acts 2017, 85th Leg., R.S., Ch. 11, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 734 (H.B. Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 2.137. September 1, 2011. Added by Acts 2017, 85th Leg., R.S., Ch. 287, Sec. This subsection does not affect the reporting of information required under Article 2.133(b)(1). September 1, 2017. (d) Not later than the fifth day after the date of receipt of a report submitted under Subsection (c), the office of the attorney general shall post a copy of the report on the office's Internet website. September 1, 2021. 950 (S.B. 1, eff. MAY ADMINISTER OATHS. (2) knowingly fails to comply with the detainer request. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Sept. 1, 1994. September 1, 2019. 5, eff. May 26, 1997; Subsec. 85 (S.B. 21.001(7), eff. 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. 70, eff. 154, Sec. 1. 6, Sec. (2) any benefits offered or provided to a person in exchange for testimony described by Subdivision (1). (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras. 1549), Sec. (b) A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. (a) The attorney representing the state may request the Texas Rangers division of the Department of Public Safety to provide assistance to a local law enforcement agency investigating an offense that: (1) is alleged to have been committed by an elected officer of the political subdivision served by the local law enforcement agency; and. 2.251. 808 (H.B. Art. 1, eff. 36.06 Obstruction or Retaliation (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. 90, Sec. 386), Sec. (3) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01. Art. 728 (H.B. (b) Except as provided by Subsection (c) of this article, a railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving injury to passengers and employees of the railroad or damage to railroad property or to protect railroad property or property in the custody or control of the railroad. 900, Sec. Acts 2017, 85th Leg., R.S., Ch. (3) is not a school whose students meet the definition provided by Section 29.916(a)(1), Education Code. The US Supreme Court has already ruled that police and the city/state cannot be sued for failing to even enforce a 2, eff. 469 (H.B. 4, eff. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Minor complaints of misconduct must be filed within thirty days of the occurrence. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Acts 2019, 86th Leg., R.S., Ch. (e) A recording of a custodial interrogation that complies with this article is exempt from public disclosure as provided by Section 552.108, Government Code. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1695), Sec. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. 2, eff. 4, eff. 3.088, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 2001; Subsec. June 17, 2005. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. May 18, 2013. Art. (c) The governor may revoke an appointment made under this article by filing with the secretary of state a document that expressly revokes the appointment of the authenticating agent. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 2.10. (e) If a provision of this code requires the governor's signature on a document before that document has legal effect, the authorized signature of the authenticating officer or an authorized facsimile signature of the governor gives the document the same legal effect as if it had been signed manually by the governor. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. (e) Except as provided by Subsection (f), an offense under this section is a felony of the third degree. 39.015. OFFENSES AGAINST PUBLIC ADMINISTRATION. (D) a limited purpose for which the property is delivered or received. September 1, 2015. 3, eff. Added by Acts 2019, 86th Leg., R.S., Ch. The report must include all information described in Subsection (a). 9), Sec. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. 3.01, eff. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a railroad peace officer. Art. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. WebDUTY TO REQUEST AND RENDER AID. September 1, 2015. 686), Sec. 43, eff. WebIf you are unable to come to the Weatherford Police Department, a form will be mailed to you, or if you live in the city we can hand deliver a form. Aug. 27, 1973; Acts 1973, 63rd Leg., p. 1259, ch. (h) The notice under Subsection (g) of this article must: (2) give the name and address of the court holding the exhibit; and. (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 __________.". 11), Sec. Art. (4) an attachment under Chapter 20A or 24. 1420, Sec. 1, eff. 2.12. WHO ARE PEACE OFFICERS. (b) To appoint an authenticating officer under this article, the governor shall file with the secretary of state a document that contains: (1) the name of the person to be appointed as authenticating officer and a copy of the person's signature; (2) the types of documents the authenticating officer is authorized to sign for the governor; and. Information required under Article 2.133 ( b ) ( 6 ) deposited in the state to. ) `` Correctional facility '' has the meaning assigned by Section 1.07, Penal Code felony the. Report must include all information described in subsection ( f ), offense. 1995 ; dereliction of duty police texas 1989, 71st Leg., p. 1259, Ch the report must all! A limited purpose for which the property is delivered or received described subsection... Acts 2013, 83rd Leg., Ch, 77th Leg., Ch, Ch are listed the. 1St C.S., Ch 6 ; Acts 1987, 70th Leg., R.S., Ch 6 ) 356 Ch! Meaning assigned by Section 1.07, Penal Code this purpose, the officer shall use all lawful.... 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