HB2172 - Relating to a limitation on the use of certain unsubstantiated information relating to peace officer misconduct.

  89R3289 MZM-F     By: Harris H.B. No. 2172       A BILL TO BE ENTITLED   AN ACT   relating to a limitation on the use of certain unsubstantiated   information relating to peace officer misconduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter B, Chapter 2A, Code of   Criminal Procedure, is amended to read as follows:   SUBCHAPTER B. POWERS AND DUTIES OF [ PEACE OFFICERS AND ] LAW   ENFORCEMENT [ AGENCIES ]          SECTION 2.  Chapter 2A, Code of Criminal Procedure, is   amended by adding Subchapter C-1 to read as follows:   SUBCHAPTER C-1. POWERS AND DUTIES OF LAW ENFORCEMENT AND ATTORNEYS   REPRESENTING THE STATE           Art.   2A.131.     LIMITATION ON USE OF CERTAIN UNSUBSTANTIATED   INFORMATION RELATING TO PEACE OFFICER MISCONDUCT. (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,   county attorney with criminal jurisdiction, or city or municipal   attorney.                 (2)     "Law enforcement agency" means an agency of the   state or an agency of a political subdivision of the state   authorized by law to employ peace officers.           (b)     A law enforcement agency may not disclose to an attorney   representing the state information relating to misconduct by a   peace officer who is or will serve as a witness in a criminal   proceeding unless the allegation of misconduct has been finally   adjudicated as sustained.           (c)     When evaluating the credibility of a peace officer who   is serving or will serve as a witness in a criminal proceeding, the   attorney representing the state may not consider an allegation of   misconduct by the peace officer that has not been finally   adjudicated as sustained.           (d)     For purposes of this article, an allegation of   misconduct by a peace officer is not considered finally adjudicated   as sustained if the allegation is currently under appeal through an   administrative process or judicial proceeding and the finder of   fact has not yet issued a finding.           (e)     A peace officer who is the subject of a report of   misconduct submitted to an attorney representing the state by a law   enforcement agency or who has been notified of a determination by   the attorney representing the state that the officer is not   considered credible to testify in a criminal proceeding as a result   of an allegation of misconduct may dispute that report or   determination by filing a petition with the State Office of   Administrative Hearings. The attorney representing the state shall   provide specific details of the allegation to the peace officer for   purposes of a dispute made under this subsection. Notwithstanding   any other law, the State Office of Administrative Hearings shall   conduct a contested case hearing in accordance with Chapter 2001,   Government Code, for the petition.           (f)     In a contested case under Subsection (e), an   administrative law judge employed by the State Office of   Administrative Hearings shall determine by a preponderance of the   evidence whether the alleged misconduct occurred regardless of   whether the applicable officer was terminated or whether that   officer resigned, retired, or separated in lieu of termination. If   the allegation of misconduct is not supported by a preponderance of   the evidence, the administrative law judge shall provide notice of   the finding to any attorney representing the state the petitioner   identifies as having received a report or as having made a   determination as described by Subsection (e). The attorney   representing the state may not consider the allegation of   misconduct when evaluating the peace officer's credibility as a   witness.          SECTION 3.  This Act takes effect September 1, 2025.