All expenses incurred by the granting or revocation of a certificate of authority to act as a special ranger shall be paid by the association. Added by Acts 2017, 85th Leg., R.S., Ch. 29, eff. 39.015. 1, eff. 390), Sec. Acts 2011, 82nd Leg., R.S., Ch. (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. 1, eff. 227, Sec. (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. 4.001, eff. September 1, 2011. 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. Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. (2) was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence. Added by Acts 2015, 84th Leg., R.S., Ch. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (2) while waiting for emergency medical services personnel to arrive, provide first aid or treatment to the person to the extent of the officer's skill and training. The traitor Donald Trump will be tried for reality-show false opposition and dereliction of duty. (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. Acts 2007, 80th Leg., R.S., Ch. 907, Sec. 4.01, eff. Amended by Acts 1999, 76th Leg., ch. May 29, 1999; Acts 1999, 76th Leg., ch. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. (a) A person commits an offense if the person is required to conduct an investigation and file a report by Article 49.18, Code of Criminal Procedure, and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation. (c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that: (1) the public servant has access to by means of his office or employment; and. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION. Art. 9), Sec. Acts 2017, 85th Leg., R.S., Ch. 1163 (H.B. (f) An offense under Subsection (a)(3) is a Class C misdemeanor. (b) Before a law enforcement officer may release a child to a person authorized by law to take possession of the child other than a governmental entity, the officer shall: (1) verify with the National Crime Information Center that the child is not a missing child; (2) search the relevant databases of the National Crime Information Center system, including those pertaining to protection orders, historical protection orders, warrants, sex offender registries, and persons on supervised release to: (A) verify that the person to whom the child is being released: (i) does not have a protective order issued against the person; and, (ii) is not registered as a sex offender unless the person is the child's parent or guardian and there are no restrictions regarding the person's contact with the child; and. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. The duty to protect your life from a crazed killer? SPECIAL INVESTIGATORS. (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. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 404 (S.B. (c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly. (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. Acts 1973, 63rd Leg., p. 883, ch. 39.05. (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. Acts 2021, 87th Leg., R.S., Ch. Officer Connie Brant has been charged with nine counts of dereliction of duty following an internal investigation, according to police. (7) a felony of the first degree if the value of the use of the thing misused is $300,000 or more. 62, eff. (a) The tribal council of the Alabama-Coushatta Tribe of Texas or the tribal council of the Kickapoo Traditional Tribe of Texas is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe's reservation. 1253), Sec. 686), Sec. Acts 2005, 79th Leg., Ch. (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. RULES. 3, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (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. Acts 2009, 81st Leg., R.S., Ch. 1783), Sec. (c) An offense under this section is a Class B misdemeanor. Sept. 1, 1999. June 17, 2011. 260, Sec. 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. (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. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). 2.022. 2, p. 317, ch. (a) Within counties under 200,000 population, the chief of police of a municipality or the sheriff of the county, if the institution is outside the corporate limits of a municipality, that has jurisdiction over the geographical area of a private institution of higher education, provided the governing board of such institution consents, may appoint up to 50 peace officers who are commissioned under Section 51.212, Education Code, and who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county. 6.01, eff. 685, Sec. 2.25. 1, eff. 1337 (S.B. 4, eff. (f-1) Notwithstanding Section 263.156, Local Government Code, or any other law, the commissioners court shall remit 50 percent of any proceeds of the disposal of an eligible exhibit as surplus or salvage property as described by Subsection (f), less the reasonable expense of keeping the exhibit before disposal and the costs of that disposal, to each of the following: (1) the county treasury, to be used only to defray the costs incurred by the district clerk of the county for the management, maintenance, or destruction of eligible exhibits in the county; and. (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. DUTIES OF DISTRICT ATTORNEYS. 1, see other Art. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). 841, Sec. 111), Sec. (c) added by Acts 1997, 75th Leg., ch. June 14, 1989; Acts 1989, 71st Leg., ch. 2143), Sec. (3) is not an exhibit in another pending criminal action. 1164 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. 322, Sec. 1420, Sec. Amended by Acts 1997, 75th Leg., ch. (c) This section shall not preclude prosecution for any other offense set out in this code. 794, Sec. 2, eff. January 1, 2021. ); or. 39.02 by Acts 1993, 73rd Leg., ch. 1. 263 (S.B. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45. May 18, 2013. 1, eff. Art. Acts 2011, 82nd Leg., R.S., Ch. 378 (S.B. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES OR DEATHS. (f) Subject to Subsections (g), (h), (i), and (j), a clerk may dispose of an eligible exhibit or may deliver the eligible exhibit to the county purchasing agent for disposal as surplus or salvage property under Section 263.152, Local Government Code, if on the date provided by Subsection (e) the clerk has not received a request for the exhibit from either the attorney representing the state in the case or the attorney representing the defendant. 979 (S.B. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. 2.07, eff. September 1, 2017. A. 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. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 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. 2, eff. Sept. 1, 1993; Subsecs. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 2.024. Based on 1 Sept. 1, 1999; Subsec. May 18, 2013. 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 341), Sec. 1, eff. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation. 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. In the military they'd be court martialed. Added by Acts 2017, 85th Leg., R.S., Ch. (4) an attachment under Chapter 20A or 24. 4173), Sec. (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. 119, Sec. 1, eff. 39.01 and amended by Acts 1993, 73rd Leg., ch. (b-1) added by Acts 1987, 70th Leg., ch. 3 min read. For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office. May 2, 2013. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (2) not later than January 1 of each even-numbered year, submit the policy to the Texas Commission on Law Enforcement in the manner prescribed by the commission. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. 1233), 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. 63, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. (b) Unless good cause exists that makes electronic recording infeasible, a law enforcement agency shall make a complete and contemporaneous electronic recording of any custodial interrogation that occurs in a place of detention and is of a person suspected of committing or charged with the commission of an offense under: (2) Section 19.03, Penal Code (capital murder); (3) Section 20.03, Penal Code (kidnapping); (4) Section 20.04, Penal Code (aggravated kidnapping); (5) Section 20A.02, Penal Code (trafficking of persons); (6) Section 20A.03, Penal Code (continuous trafficking of persons); (7) Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual); (8) Section 21.11, Penal Code (indecency with a child); (9) Section 21.12, Penal Code (improper relationship between educator and student); (10) Section 22.011, Penal Code (sexual assault); (11) Section 22.021, Penal Code (aggravated sexual assault); or. 891), Sec. 2.124. 686), Sec. 2210), Sec. Art. Art. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. Sept. 1, 1999. 85, Sec. 19.003, eff. Acts 2009, 81st Leg., R.S., Ch. 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. 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. Added by Acts 2009, 81st Leg., R.S., Ch. 339, Sec. Sept. 1, 1995; Subsec. (1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime; (2) execute all lawful process issued to the officer by any magistrate or court; (3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and. 183), Sec. (e) A person may not serve as a railroad peace officer for a railroad company unless: (1) the Texas Railroad Association submits the person's application for appointment and certification as a railroad peace officer to the director of the Department of Public Safety and to the executive director of the Texas Commission on Law Enforcement; (2) the director of the department issues the person a certificate of authority to act as a railroad peace officer; and, (3) the executive director of the commission determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health and issues the person a license as a railroad peace officer; and. 10, eff. (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. Sept. 1, 1981. 1, eff. 2, eff. The traitor Donald Trump will be tried for reality-show false opposition and dereliction of duty. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. 2.01, eff. Renumbered from Penal Code Sec. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. 4), Sec. 2.31. (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. (b) The peace officer is not required to request emergency medical services or provide first aid or treatment under Subsection (a) if: (1) making the request or providing the treatment would expose the officer or another person to a risk of bodily injury; or. (d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity. 341), Sec. September 1, 2017. Amended by Acts 1967, 60th Leg., p. 1733, ch. 260 (H.B. 156, Sec. Art. Acts 2009, 81st 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, 2009. Art. 62, Sec. (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. 534 (S.B. Art. 977 (H.B. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 402 (S.B. 8, eff. 124), Sec. Added by Acts 2005, 79th Leg., Ch. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (2) a juvenile offender detained in or committed to a correctional facility. 4, eff. 6.01, eff. September 1, 2007. 1228), Sec. Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. Acts 2011, 82nd Leg., R.S., Ch. 176 (S.B. September 1, 2017. Connie Brant served on the force for 24 years. 245), Sec. Art. 5.01, eff. 2.03. Amended by Acts 1967, 60th Leg., p. 1733, ch. 695, Sec. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 474, Sec. June 8, 2007. If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county. He shall represent the State in cases he has prosecuted which are appealed. 2. September 1, 2019. 540 (S.B. 2.16. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. September 1, 2021. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or. 1, eff. 246, Sec. 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. 69), Sec. Sept. 1, 1995. 1, eff. increasing citizen access. 3157), Sec. 1, see other Art. September 1, 2011. Through social 3 min read. (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. 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. WebDereliction of duty generally refers to a failure to conform to rules of one's job, which will vary by tasks involved. The clerk shall make the report required by this article not later than the 30th day after the date the judgment is entered in the case. The police are not required to investigate every crime that is reported to them. Art. EYEWITNESS IDENTIFICATION PROTOCOLS. 235, Sec. 2.295. Sept. 1, 1994. September 1, 2019. ASSISTANCE OF TEXAS RANGERS. (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. Art. Acts 2021, 87th Leg., R.S., Ch. WebDUTY TO REQUEST AND RENDER AID. (c) It is an exception to the application of this section that the person who was subject to an immigration detainer request described by Subsection (a)(1) had provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver's license or similar government-issued identification. 216 (H.B. (B) governs the conduct of the public servant. January 1, 2021. (2) is assisting another law enforcement agency. 245), Sec. 580 (S.B. (a) The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later than the 10th day after the date the request is received, and in the form prescribed by the Attorney General, information in court records that relates to a criminal matter, including information requested by the Attorney General for purposes of federal habeas review. September 1, 2015. LIABILITY. Amended by Acts 1967, 60th Leg., p. 1734, ch. 1 to 3, eff. WebTexas Penal Code Sec. 1163 (H.B. Added by Acts 1999, 76th Leg., ch. 209 (H.B. (18) a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs. DUTY OF MAGISTRATES. 312), Sec. (a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state. 1344 (S.B. 1009), Sec. Sept. 1, 2001. Aug. 29, 1977. 900, Sec. 1. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 2.137. 1, eff. 1297, Sec. Art. 1, eff. WebCHAPTER 143. 1, eff. Art. 1, eff. Code Sections. Added by Acts 1979, 66th Leg., p. 1383, ch. https://texas.public.law/statutes/tex._code_of_crim._proc._article_2.03. September 1, 2015. 511), Sec. 1, eff. 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. 2, eff. September 1, 2017. 57, eff. Acts 2005, 79th Leg., Ch. 1, eff. 1, eff. Amended by Acts 1989, 71st Leg., 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 183), Sec. The following subsections constitute dereliction of duty. 399, Sec. 150), Sec. 1057 (H.B. 378 (S.B. Added by Acts 2021, 87th Leg., R.S., Ch. 469 (H.B. 9, eff. 2.21. 291, Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1124 (H.B. September 1, 2011. 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. 686), Sec. September 1, 2009. 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