580 (S.B. 2143), Sec. CARBONDALE, Illinois (AP) Below is an analysis of public record laws in all 50 states. 1009), Sec. 685, Sec. (a) In a criminal proceeding, a clerk of the district or county court shall: (2) receive all exhibits at the conclusion of the proceeding; (4) accept and file electronic documents received from the defendant, if the clerk accepts electronic documents from an attorney representing the state; (5) accept and file digital multimedia evidence received from the defendant, if the clerk accepts digital multimedia evidence from an attorney representing the state; and. (d) added by Acts 1999, 76th Leg., ch. Sept. 1, 2003. MAY ADMINISTER OATHS. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. 467 (H.B. February 28, 2023, 5:24 PM AUSTIN, Texas -- Family members of victims killed in the Uvalde school shooting confronted Texas' police chief Tuesday in an emotional end to a day of protests at the state Capitol over gun laws. 1124 (H.B. (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. September 1, 2017. (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. 772 (H.B. 1550), Sec. State courts often limit their jurisdiction based on the amount in question or the types of claims brought. 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 1, eff. (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. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. 396, Sec.1, eff. (d) The use of a digital signature under this section is subject to criminal laws pertaining to fraud and computer crimes, including Chapters 32 and 33, Penal Code. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. Art. Amended by Acts 1981, 67th Leg., p. 801, ch. 6:21 PM on Mar 1, 2023 CST Updated at 6:24 PM on Mar 1, 2023 CST. Acts 1965, 59th Leg., vol. Acts 2019, 86th Leg., R.S., Ch. 2, eff. 5.0005, eff. Acts 2019, 86th Leg., R.S., Ch. (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. Brown = No laws regarding public access to body-worn camera footage have been passed. 14, Sec. (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. May 18, 2013. Added by Acts 2005, 79th Leg., Ch. For text of article as added by Acts 2021, 87th Leg., R.S., Ch. Art. 2.05. 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. Velma Duran, whose sister Irma Garcia was one of two teachers killed at Robb Elementary School last May, scolded . Acts 2017, 85th Leg., R.S., Ch. 2.134. (d) A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list and who reports the child's or other person's current address and other relevant information to the Department of Family and Protective Services shall report to the Texas Crime Information Center that the child or other person has been located and to whom the child was released, as applicable. 4.01, eff. 5.03, eff. Aug. 29, 1977. Texas Legislature 2021 Gov. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (h) The employing institution shall pay all expenses incurred by the municipality or county in granting or revoking a certificate of authority to act as an adjunct police officer under this article. May 18, 2013. 4.001, eff. September 1, 2007. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45. (b) amended by and subsec. State v. Brown 143 Ohio St.3d 444 (2015) 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 221 (H.B. (a) A law enforcement agency that has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement shall: (1) comply with, honor, and fulfill any request made in the detainer request provided by the federal government; and. (f) A police officer may serve in each county in which the municipality is located all process issued by a municipal court. 93 (S.B. (e) A Special Agent or Law Enforcement Officer of the United States Forest Service is not a peace officer under the laws of this state, except that the agent or officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the National Forest System. Uriel Paul Utz Maryland Troopers Association 05/10/2018 by Richard Norman; Retirement . Art. Texas Law Section 38.15 of the Texas Penal Code Prohibits interrupting, disrupting, impeding, or otherwise interfering with certain duties of public officers. Art. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. 1, eff. There are different types of municipalities ( e.g., home rule, general law), and they each have specific procedures for enacting ordinances. 3.001, eff. 2884), Sec. Acts 2005, 79th Leg., Ch. 930, Sec. Added by Acts 2001, 77th Leg., ch. September 1, 2019. 904 (H.B. September 1, 2017. 2130), Sec. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. 988 (H.B. (a) Except as provided by Subsection (b), a school marshal may: (1) make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by: (A) the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code; (B) the governing body of a private school under Section 37.0813, Education Code; or, (C) the governing board of a public junior college under Section 51.220, Education Code; and. 2.33. (1) an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility; or (2) a juvenile offender detained in or committed to a correctional facility. 1420, Sec. Art. Signed into law during the 87th Texas Legislative session, the new laws affect property valuations, third-party delivery. ATTORNEY PRO TEM. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. May 14, 2019. September 1, 2011. September 1, 2017. 2, eff. b. 1, eff. 469 (H.B. Added by Acts 2011, 82nd Leg., R.S., Ch. (5) the peace officer or agent of the law enforcement agency conducting the interrogation reasonably believed at the time the interrogation commenced that the person being interrogated was not taken into custody for or being interrogated concerning the commission of an offense listed in Subsection (b). Section 545.305 of the TTC is pretty lengthy so we'll just go over the main causes that would permit Texas police to tow your vehicle, including: If the vehicle is unattended on a bridge, viaduct, or causeway; or if it's in a tube ortunnel that results in the obstruction of traffic (c) For purposes of Subsection (b), an electronic recording of a custodial interrogation is complete only if the recording: (1) begins at or before the time the person being interrogated enters the area of the place of detention in which the custodial interrogation will take place or receives a warning described by Section 2(a), Article 38.22, whichever is earlier; and. If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction; provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case. May 29, 1999; Acts 1999, 76th Leg., ch. DUTIES OF DISTRICT ATTORNEYS. Lawyers for the clinics argue that a six-week abortion ban is clearly unconstitutional, and that the Texas law is designed to insulate the state from a challenge. Texas is a community property state, so whatever is deemed marital property is split between the two spouses upon divorce. (c) A district court, county court, state agency, or office of an attorney representing the state may not restrict or delay the reproduction or delivery of a record requested by the Attorney General under this article. 1144 (S.B. (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. Art. 1, eff. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. 4.07, eff. To stay up to date with the rapidly changing laws, visit Legislative Responses for Policing-State . 2.33. 6, eff. 2.12. WHO ARE PEACE OFFICERS. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey. A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation. The laws governing searches and search warrants are further outlined in Chapter 18 of the state's Code of Criminal Procedure. 1, eff. 2.18. May 18, 2013. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. The amount of a civil penalty under this subsection is $10,000 for the first day and $1,000 for each additional day that the agency fails to submit the report. When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff. (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Being pulled over by someone who isn't in a cop car can be unnerving. 1011 (H.B. 927, Sec. (a) amended by Acts 1997, 75th Leg., ch. 580 (S.B. 2.139. (i) This article does not affect any duty of the municipality or county to provide law enforcement services to a geographical area designated under Subsection (a) of this article. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Today, Texas is regarded as having some of the most permissive gun laws in the United States. 246, Sec. The form must include spaces to report only the following information: (1) the date on which the incident occurred; (2) the location where the incident occurred; (3) the age, gender, and race or ethnicity of each peace officer involved in the incident; (4) if known, the age, gender, and race or ethnicity of each injured or deceased person involved in the incident; (5) whether the person was injured or died as a result of the incident; (6) whether each injured or deceased person used, exhibited, or was carrying a deadly weapon during the incident; (7) whether each peace officer involved in the incident was on duty during the incident; (8) whether each peace officer involved in the incident was responding to an emergency call or a request for assistance and, if so, whether the officer responded to that call or request with one or more other peace officers; and. June 18, 1999; Subsec. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. 176 (S.B. Added by Acts 2009, 81st Leg., R.S., Ch. Subsec. Those who break it are charged with a . 62, Sec. Amended by Acts 1967, 60th Leg., p. 1733, ch. 24.001(3), eff. 1011 (H.B. CARRYING WEAPON ON CERTAIN PREMISES. 119, Sec. 1, eff. Although in older studies the State Police have been described as . (C) whether the agency was able to notify the person whose identifying information was misused. (4) an attachment under Chapter 20A or 24. (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. A censure Saturday, March 4 . (2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. 604), Sec. 2.137. (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), the commission shall begin disciplinary procedures against the chief administrator. 467 (H.B. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. (d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to: (2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. 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. 3, eff. 3.01, eff. (3) request information from the child and the other person regarding the child's safety, well-being, and current residence. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. 2.16. June 19, 2009. The following are peace officers: (1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (4) rangers, officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety; (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; (6) law enforcement agents of the Texas Alcoholic Beverage Commission; (7) each member of an arson investigating unit commissioned by a city, a county, or the state; (8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code; (9) officers commissioned by the General Services Commission; (10) law enforcement officers commissioned by the Parks and Wildlife Commission; (11) officers commissioned under Chapter 23, Transportation Code; (12) municipal park and recreational patrolmen and security officers; (13) security officers and investigators commissioned as peace officers by the comptroller; (14) officers commissioned by a water control and improvement district under Section 49.216, Water Code; (15) officers commissioned by a board of trustees under Chapter 54, Transportation Code; (16) investigators commissioned by the Texas Medical Board; (A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code; (B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code; (C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; and. 891), Sec. September 1, 2017. (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. (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. 384, Sec. 2.08, eff. 578 (S.B. 1, eff. Acts 2019, 86th Leg., R.S., Ch. June 14, 2013. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 628, Sec. These are your city police officers and are directed by your local governments. AUSTIN, Texas - With the new year comes new laws in the state of Texas.While September ushered in some major legislation related to issues like abortion and guns, January's set of laws will . (b) On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution under Section 242.126(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 242.135, Health and Safety Code. (1) "Establishment serving the public" means: (A) a hotel, motel, or other place of lodging; (B) a restaurant or other place where food is offered for sale to the public; (C) a retail business or other commercial establishment or an office building to which the general public is invited; (E) any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 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 special ranger. 597, Sec. Comments are closed. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. A person stopped or arrested on suspicion of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is entitled to receive from a law enforcement agency employing the peace officer who made the stop or arrest a copy of any video made by or at the direction of the officer that contains footage of: (3) the conduct of the person stopped during any interaction with the officer, including during the administration of a field sobriety test; or. 2.24. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. These officers are employed by more 2,750 different law enforcement agencies, and coordinate with more than 35,000 other employees, including corrections officers and telecommunications operators. Art. 2.08. Art. Art. 2, eff. September 1, 2019. Your rights during a traffic stop include the following: 1. June 14, 1989; Acts 1993, 73rd Leg., ch. Added by Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., 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. 2.272. Texas Administrative Code (outside source) Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2001; Acts 2001, 77th Leg., ch. It is based on an analysis of statutes and court opinions as well as interviews with experts. 5.04, eff. The Crime Records Division (CRD) acts as the Texas State Control Terminal for eight state and national criminal justice programs and is responsible for the administration of these programs, providing critical operational data to law enforcement and criminal justice agencies in Texas and nationwide. 1, eff. Old Law Texas Workers' Compensation Act (PDF format, 48MB) - For claims of employees whose work-related injuries occurred prior to January 1, 1991. 2.17. (2004). This subsection shall not be construed to act as a limitation on the liability of a municipality or county for the acts or omissions of a person serving as an adjunct police officer. 3452), Sec. Whenever a duty is imposed upon the clerk of the district or county court, the same may be lawfully performed by his deputy. 785, Sec. 1, eff. Interjurisdictional Agreements Each state creates its own laws determining the territorial jurisdiction of its officers. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 4173), Sec. 1237, Sec. 979 (S.B. (2) inform the person that the person is being held pursuant to an immigration detainer request issued by United States Immigration and Customs Enforcement. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney. (3) is not an exhibit in another pending criminal action. (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. 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 __________.". 3815), Sec. September 1, 2017. 604), Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 2.273. DUTIES OF ATTORNEY GENERAL. 2.13951. Current 4-year Training Cycle: (09/01/21 - 08/31/25): 1233), Sec. 915 (H.B. 341), Sec. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and. 1, eff. 2, eff. 2.33. Aug. 31, 1987. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. (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.