2.33. June 14, 2019. 659, Sec. Redesignated by Acts 2019, 86th Leg., R.S., Ch. 1, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 1, eff. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 580 (S.B. Added by Acts 2001, 77th Leg., ch. 1849), Sec. Acts 2009, 81st Leg., R.S., Ch. 4), Sec. 5, eff. (2) continues until the time the interrogation ceases. 76, Sec. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE. 20, eff. (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. May 2, 2013. 933 (H.B. (A) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant without delay. Acts 2013, 83rd Leg., R.S., Ch. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. b : the condition of being no longer cared for. Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. 1056 (H.B. Art. 2.03. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. ASSISTANCE OF TEXAS RANGERS. 319), Sec. All expenses incurred by the granting or revocation of a certificate of authority to act as a railroad peace officer shall be paid by the employing railroad company. Added by Acts 2017, 85th Leg., R.S., Ch. LIABILITY. 1172 (H.B. 1849), Sec. AUTHENTICATING OFFICER. 2, eff. TRACKING USE OF CERTAIN TESTIMONY. 939 (S.B. 2.137. 1, eff. (e) Any person commissioned under this article must: (1) meet the minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health; and. 927, Sec. (b) An offense under this section is a Class A misdemeanor. Art. 1163 (H.B. (3) is inhabited primarily by students or employees of the private institution. September 1, 2017. When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office. 606 (S.B. 1237, 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. TITLE 8. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. 350, Sec. 30, Sec. The police do not have limitless resources. 16, eff. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. May 24, 1999; added by Acts 1999, 76th Leg., ch. 2, p. 317, ch. Subsec. (a) The office of the attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the office, asserting that a law enforcement agency failed to submit a report required by Article 2.139 or 2.1395. 1549), Sec. (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. 11, eff. 39.022 and amended by Acts 1993, 73rd Leg., ch. 1319 (S.B. 580 (S.B. September 1, 2017. 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. (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. 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. 2.27. 580 (S.B. 6.01, eff. (d) A report required under Subsection (b) 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. (c) This section shall not preclude prosecution for any other offense set out in this code. (2) notify the Department of Public Safety regarding: (A) the misuse of the identifying information; (B) the actual identity of the person arrested, if known by the agency; and. 1136 (S.B. 4 (S.B. Art. (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. (4) "Sexual conduct" and "performance" have the meanings assigned by Section 43.25. Added by Acts 1985, 69th Leg., ch. CONSERVATOR OF THE PEACE. 794, Sec. Sample 1. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 39.01. Acts 2021, 87th Leg., R.S., Ch. (B) the name and address of the person to whom the child is being released. 686), Sec. Acts 2013, 83rd Leg., R.S., Ch. 34), Sec. (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. Added by Acts 2017, 85th Leg., R.S., Ch. 272, Sec. Acts 1965, 59th Leg., vol. 1233), Sec. April 15, 1987. DUTIES OF ATTORNEY GENERAL. Sept. 1, 1981. September 1, 2011. SCHOOL MARSHALS. 2.22. (a) amended by Acts 1997, 75th Leg., ch. 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. we provide special support Biden Watch October 8, 2021 Dawn De Wulf. 63, eff. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. Added by Acts 2007, 80th Leg., R.S., Ch. 558, Sec. 2.14. 1, eff. September 1, 2021. 1, eff. (9) whether the incident occurred during or as a result of: (B) a hostage, barricade, or other emergency situation. If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. 39.01 and amended by Acts 1993, 73rd Leg., ch. 1, eff. 5, eff. 176 (S.B. Section 1101 et seq. June 18, 1999; Acts 1999, 76th Leg., ch. Art. 1550), 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. 943 (H.B. Added by Acts 2017, 85th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (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. Acts 2009, 81st Leg., R.S., Ch. (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. June 19, 2009. 2.18. 1, eff. June 15, 2017. 3791), Sec. 3800), Sec. (f) added by Acts 2003, 78th Leg., ch. 510 (S.B. 904 (H.B. 895 (H.B. 841, Sec. (B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported. Acts 2013, 83rd Leg., R.S., 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. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 4.001, eff. (2) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. 2.124. 1070, Sec. 967, Sec. PEACE OFFICERS COMMISSIONED BY THE ALABAMA-COUSHATTA TRIBE OF TEXAS AND THE KICKAPOO TRADITIONAL TRIBE OF TEXAS. September 1, 2019. Greg Abbott is accusing Homeland Security Alejandro Mayorkas and President Joe Biden of being in dereliction of duty for the migrant crisis at the southern border. Aug. 28, 1989. Sept. 1, 1999. (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. (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. Amended by Acts 1999, 76th Leg., ch. (a) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant without delay; (2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officers power to do so alone or with available assistance. (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. (3) not exempt from disclosure under Chapter 552, Government Code, or other law. 386, Sec. June 14, 2013. The report must include all information described in Subsection (b). 291, Sec. 1728), Sec. 1, eff. DIGITAL SIGNATURE AND ELECTRONIC DOCUMENTS. Amended by Acts 1983, 68th Leg., p. 545, ch. 1 to 3, eff. (2) if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense. 1, eff. (b) An attorney representing the state shall track: (1) the use of testimony of a person to whom a defendant made a statement against the defendant's interest while the person was imprisoned or confined in the same correctional facility as the defendant, if known by the attorney representing the state, regardless of whether the testimony is presented at trial; and. (a) In this article: (1) "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction. September 1, 2019. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 863, Sec. 2.1305. 1774), Sec. 5, eff. 277, Sec. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. 2.1387. 3452), Sec. (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. 1144 (S.B. 1(a), eff. 4, eff. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45. Acts 2017, 85th Leg., R.S., Ch. 441, Sec. (b) Each law enforcement agency that uses or intends to use a drone for law enforcement purposes shall: (1) adopt a written policy regarding the agency's use of force by means of a drone, before the agency first uses a drone, and update the policy as necessary; and. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (d) A special ranger is not entitled to state benefits normally provided by the state to a peace officer. Congresswoman Marjorie Taylor Greene was mocked after she mistakenly claimed that "6 billion" people illegally crossed the US border during Joe Biden 's time in the Oval Office. 2.021. Aug. 31, 1987. (2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. (3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency. Section 3056(a) or investigating a threat against a person described by 18 U.S.C. September 1, 2015. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. 1128, Sec. 2.30. Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 563), Sec. 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. 856 (S.B. 1, see other Art. 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. 2.19. REPORT TO ATTORNEY GENERAL. 19.003, eff. (g) added by Acts 1999, 76th Leg., ch. (c) If the peace officer determines that the circumstances described by Section 262.104, Family Code, exist, the officer may take temporary possession of the child without a court order as provided by Section 262.104, Family Code. 260 (H.B. 144, eff. (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. (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. (A) a facility operated by the Texas Juvenile Justice Department or a private vendor under a contract with the Texas Juvenile Justice Department; or. September 1, 2021. Officer Connie Brant has been charged with nine counts of dereliction of duty following an internal investigation, according to police. 5.01, eff. 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. 911 (S.B. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. 1, eff. 2.09. WHO ARE MAGISTRATES. (2) any benefits offered or provided to a person in exchange for testimony described by Subdivision (1). June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. 1011 (H.B. 1, eff. Art. 1, eff. Sept. 1, 1994. 1, eff. OFFENSES AGAINST PUBLIC ADMINISTRATION. 988 (H.B. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1979. Acts 2005, 79th Leg., Ch. (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. 2.31. 245), Sec. 1104, Sec. Art. 2.26. 686), Sec. : r/AdviceAnimals. June 8, 2007. Acts 2011, 82nd Leg., R.S., Ch. 2.127. 1, eff. Art. 2472), 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. (d) The Attorney General of Texas shall have concurrent jurisdiction with law enforcement agencies to investigate violations of this statute involving serious bodily injury or death. 390), Sec. 1, eff. 2, eff. 25, eff. A service member who is derelict 1172 (H.B. 341), Sec. 722. 2.121. 16, Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. 2.12. WHO ARE PEACE OFFICERS. (C) the governing board of a public junior college under Section 51.220, Education Code. September 1, 2021. Added by Acts 2011, 82nd Leg., R.S., Ch. 621, Sec. Renumbered from Penal Code Sec. Acts 2013, 83rd Leg., R.S., Ch. I'm not saying the Uvalde officers' actions could constitute a violation of the Texas statute on "neglect of duty." (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. The report must include all information described in Subsection (a). A service member who is derelict has willfully refused to perform his duties (or follow a given order) or has incapacitated himself in such a way that he cannot perform his duties. (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. (B) operates autonomously through computer software or other programming. Renumbered from Penal Code Sec. 119, Sec. (2) a juvenile offender detained in or committed to a correctional facility. 7, eff. Texas Civil Practice and Remedies Code: Section 33.001 (proportionate responsibility) Section 33.002 (applicability) Section 33.003 (determination of the percentage of responsibility) If a district or county attorney receives money from a person who is required by a court order to pay child support through a local registry or the Title IV-D agency and the money is presented to the attorney as payment for the court-ordered child support, the attorney shall transfer the money to the local registry or Title IV-D agency designated as the place of payment in the child support order. 900, Sec. Acts 2019, 86th Leg., R.S., Ch. (f) A peace officer commissioned under this article is not entitled to state benefits normally provided by the state to a peace officer. Code Sections. (b) An officer or agent designated by the Secretary of Homeland Security under 40 U.S.C. An offense under Subsection (a)(2) is a felony of the second degree. 2.29. 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