3452), Sec. 63, eff. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. (c) amended by Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. (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. (g) In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. Last year, 331 police officers were shot in the line of duty, 62 of whom died from their wounds. 1, eff. 618, Sec. June 17, 2011. (4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried. 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. Acts 2011, 82nd Leg., R.S., Ch. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (a) District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of counsel for the State. 2212), Sec. 933 (H.B. (3) state that the eligible exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice. Sept. 1, 1999. Amended by Acts 1995, 74th Leg., ch. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (3) municipal and county law enforcement agencies. September 1, 2017. 93 (S.B. 341), Sec. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 2.133. 699, Sec. This subsection does not affect the reporting of information required under Article 2.133(b)(1). Acts 2011, 82nd Leg., R.S., Ch. 277, Sec. Acts 2017, 85th Leg., R.S., Ch. (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. Acts 2021, 87th Leg., R.S., Ch. (a) This article applies only to a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d): (1) received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and. 900, Sec. If the electronic filing system described by this subsection is substantially upgraded or is replaced with a new system, the exemption provided by this subsection is no longer applicable. June 17, 2011. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. increasing citizen access. 686), Sec. 2, p. 317, ch. 204, Sec. Most courts say "no," that the police have to Acts 2015, 84th Leg., R.S., Ch. (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. 2.251. Added by Acts 1983, 68th Leg., p. 4289, ch. 5, eff. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2009, 81st Leg., R.S., Ch. (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. While the officer is under no legal obligation to render aid to any one individual, once that officer decides to render aid to a victim, a special relationship may be established (c) A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. 294 (S.B. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (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. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 1303), Sec. (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. 3.088, eff. 1057 (H.B. 597, Sec. 5.95(90), eff. 474, Sec. 16, Sec. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. WebIt shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon 2.09. WHO ARE MAGISTRATES. An offense under Subsection (a)(2) is a felony of the second degree, except that an offense under Subsection (a)(2) is a felony of the first degree if the offense is committed against: (1) an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility; or. September 1, 2017. (C) the governing board of a public junior college under Section 51.220, Education Code. Aug. 28, 1989; Acts 1989, 71st Leg., ch. (D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code; (18) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code; (19) investigators employed by the Texas Racing Commission; (20) officers commissioned under Chapter 554, Occupations Code; (21) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code; (22) investigators commissioned by the attorney general under Section 402.009, Government Code; (23) security officers and investigators commissioned as peace officers under Chapter 466, Government Code; (24) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code; (25) officers commissioned by the state fire marshal under Chapter 417, Government Code; (26) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code; (27) apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code; (28) officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code; (29) investigators commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code; (30) commission investigators commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code; (31) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; (32) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; (33) investigators commissioned by the Texas Juvenile Justice Department as officers under Section 221.011, Human Resources Code; and. 2438), Sec. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. 1, eff. 659, Sec. 2, eff. Today, Cleveland Rape Crisis Center (CRCC) issued the following statement in response to a Cleveland police detective facing two misdemeanor charges that accuse him of lying to 867, Sec. Art. 37, 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. (b) A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only in a municipality some part of the municipal limits of which are within one mile of the boundary between this state and the adjoining state and only at a time the peace officer is regularly assigned to duty in a county, parish, or municipality that adjoins this state. 1, eff. 1. 911 (S.B. 27, eff. 1026 (H.B. 1, eff. 1, eff. 510 (S.B. 2, see other Art. (b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. Sec. 2, eff. May 18, 2013. January 1, 2019. (2) "Custody" means the detention, arrest, or confinement of an adult offender, the detention of a juvenile offender, or the commitment of a juvenile offender to a correctional facility or juvenile facility. (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, or county attorney with criminal jurisdiction. No, you can't. 1, eff. 1, eff. September 1, 2021. 1423, Sec. 1.01, eff. Added by Acts 2001, 77th Leg., ch. Termination of employment with a railroad company, or the revocation of a railroad peace officer license, shall constitute an automatic revocation of a certificate of authority to act as a railroad peace officer. EXAMINING COURT. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. June 17, 2005. 1, eff. 1378), Sec. Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code, the magistrates or associate judges appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County, the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, the associate judges appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County, the associate judges appointed by the judges of the district courts and the statutory county courts of Brazos County, Nueces County, or Williamson County, the magistrates appointed by the judges of the district courts and statutory county courts that give preference to criminal cases in Travis County, the criminal magistrates appointed by the Brazoria County Commissioners Court, the criminal magistrates appointed by the Burnet County Commissioners Court, the magistrates appointed by the El Paso Council of Judges, the county judges, the judges of the county courts at law, judges of the county criminal courts, the judges of statutory probate courts, the associate judges appointed by the judges of the statutory probate courts under Chapter 54A, Government Code, the associate judges appointed by the judge of a district court under Chapter 54A, Government Code, the magistrates appointed under Subchapter JJ, Chapter 54, Government Code, the magistrates appointed by the Collin County Commissioners Court, the magistrates appointed by the Fort Bend County Commissioners Court, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns. Added by Acts 2015, 84th Leg., R.S., 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. Art. September 1, 2005. (a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or. 1849), Sec. 28, eff. 39.03. 312 (S.B. 772 (H.B. Last year, 331 police officers were shot in the line of duty, 62 of whom died from their wounds. MAY ADMINISTER OATHS. 93 (S.B. 399, Sec. 2.138. (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. 1, see other Art. Acts 2005, 79th Leg., Ch. 628, Sec. (2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. 1, eff. January 1, 2021. Amended by Acts 1979, 66th Leg., p. 212, ch. 946 (H.B. (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. Acts 2019, 86th Leg., R.S., Ch. (4) the statutory authority under which the attachment was issued. The report must include: (1) the total number of officer-involved injuries or deaths; (2) a summary of the reports submitted to the office under this article; and. 717, Sec. (2) any criminal offense under federal law. (B) operates autonomously through computer software or other programming. (a) amended by Acts 1997, 75th Leg., ch. In this chapter: (1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: (A) imposes a duty on the public servant; or. (d) On receipt of 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 has taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes. Sept. 1, 1995. 947, Sec. WebDereliction of duty generally refers to a failure to conform to rules of one's job, which will vary by tasks involved. September 1, 2017. 979 (S.B. OFFENSES AGAINST PUBLIC ADMINISTRATION. (c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. On request of a county or district attorney, the attorney general shall assist in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed. 1144 (S.B. September 1, 2017. Added by Acts 2005, 79th Leg., Ch. The U.S. military considers it a dereliction of duty when soldiers are unable or unwilling to perform the job assigned to military personnel. Not later than the 30th day after the date a writ of attachment is issued in a district court, statutory county court, or county court, the clerk of the court shall report to the Texas Judicial Council: (2) whether the attachment was issued in connection with a grand jury investigation, criminal trial, or other criminal proceeding; (3) the names of the person requesting and the judge issuing the attachment; and. 1, eff. Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. 1, eff. 1.01, eff. by KC Wildmoon. 69, eff. 540 (S.B. September 1, 2017. 19.01(34), eff. 1420, Sec. Acts 1973, 63rd Leg., p. 883, ch. (d) A commissioned law enforcement officer of the National Park Service is not a peace officer under the laws of this state, except that the officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the boundaries of a national park or national recreation area. 1, eff. 6, eff. 549), Sec. 2.04, eff. It was dereliction of duty. 2, eff. http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.03 Added by Acts 2019, 86th Leg., R.S., Ch. 3389), Sec. September 1, 2019. 2.28. 4), Sec. 1136 (S.B. September 1, 2021. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. 341), Sec. Connie Brant served on the force for 24 years. 1122 (S.B. (b) An entity described by Subsection (a) that investigates the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, which may involve human trafficking, shall submit to the attorney general a report in the manner and form prescribed by the attorney general containing the following information: (1) the offense being investigated, including a brief description of the alleged prohibited conduct; (2) regarding each person suspected of committing the offense and each victim of the offense: (iii) race or ethnicity, as defined by Article 2.132; and. 20, eff. Acts 2019, 86th Leg., R.S., Ch. (d) In this section, "information that has not been made public" means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code. 540 (S.B. Posted on Jul 29, 2012. Art. 2, eff. A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person. (d) A special ranger is not entitled to state benefits normally provided by the state to a peace officer. (h) It is an affirmative defense to prosecution under Subsection (f) that the actor was the spouse of the individual at the time of the offense. OFFICIAL OPPRESSION. 867), Sec. 2.272. 3389), Sec. HATE CRIME REPORTING. 2884), Sec. (b) At any time during or after a criminal proceeding, the court reporter shall release for safekeeping any firearm or contraband received as an exhibit in that proceeding to: (2) in a county with a population of 500,000 or more, the law enforcement agency that collected, seized, or took possession of the firearm or contraband or produced the firearm or contraband at the proceeding. 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