September 1, 2021. 531, Sec. In addition, September 1, 2017. Added by Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1981, 67th Leg., p. 801, ch. (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. 76, Sec. (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. Through social 6, eff. 1, eff. Amended by Acts 1967, 60th Leg., p. 1734, ch. Acts 2019, 86th Leg., R.S., Ch. 686), Sec. 99, eff. 685, Sec. (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. Acts 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (g) A clerk in a county with a population of less than two million must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant before disposing of an eligible exhibit. 2.195. 2472), Sec. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. 618, Sec. 6, eff. (d) A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer. 16, eff. 1233), Sec. May 17, 1971; Acts 1973, 63rd Leg., p. 9, ch. 686 (H.B. 1172 (H.B. 918, Sec. (b) Within the boundaries of the tribe's reservation, a peace officer commissioned under this article: (1) is vested with all the powers, privileges, and immunities of peace officers; (2) may, in accordance with Chapter 14, arrest without a warrant any person who violates a law of the state; and. (d) In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. (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. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1989, 71st Leg., ch. Art. 3 min read. MISUSE OF OFFICIAL INFORMATION. DUTY OF MAGISTRATES. Sec. (e) An eligible exhibit may be disposed of as provided by this article: (1) on or after the first anniversary of the date on which a conviction becomes final in the case, if the case is a misdemeanor or a felony for which the sentence imposed by the court is five years or less; (2) on or after the second anniversary of the date on which a conviction becomes final in the case, if the case is a non-capital felony for which the sentence imposed by the court is greater than five years; (3) on or after the first anniversary of the date of the acquittal of a defendant; or. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45. MAY SUMMON AID. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. (e), (f) added by Acts 1995, 74th Leg., ch. 183), Sec. September 1, 2019. 291, Sec. Art. 245), Sec. 4.001, eff. (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. Amended by Acts 1999, 76th Leg., ch. 103), Sec. https://texas.public.law/statutes/tex._code_of_crim._proc._article_2.03. 183), Sec. 946 (H.B. Cleveland Rape Crisis Center Issues Response to Cleveland Police Detective Dereliction of Duty. Sec. 290, Sec. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1979, 66th Leg., p. 1383, ch. (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. 1(a), eff. June 19, 2009. 2, eff. we provide special support (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall September 1, 2007. September 1, 2019. (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. 3815), Sec. Renumbered from art. Added by Acts 1985, 69th Leg., ch. 1056 (H.B. (c) It is the duty of every officer to take possession of a child under Article 63.009(g). (e) If a provision of this code requires the governor's signature on a document before that document has legal effect, the authorized signature of the authenticating officer or an authorized facsimile signature of the governor gives the document the same legal effect as if it had been signed manually by the governor. Sept. 1, 1983. Acts 1973, 63rd Leg., p. 883, ch. Acts 2013, 83rd Leg., R.S., Ch. Acts 2011, 82nd 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. 260 (H.B. 69), Sec. 950 (S.B. Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. (e) In consultation with the entities described by Subsection (a), the attorney general shall adopt rules to administer this article, including rules prescribing: (1) the form and manner of submission of a report required by Subsection (b) or (c); and. 734 (H.B. 867, Sec. 1849), Sec. 1, eff. Art. (f) For good cause, the chief of police or sheriff may revoke a certificate of authority issued under this article. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1136 (S.B. 900, Sec. September 1, 2017. November 11, 2021. 7, eff. 3389), Sec. 39.04. (b-1) An attorney for the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. CARRYING WEAPON ON CERTAIN PREMISES. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (last accessed Jun. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all criminal cases under examination or prosecution in said county; and in the absence of the district attorney he shall represent the State alone and, when requested, shall aid the district attorney in the prosecution of any case in behalf of the State in the district court. Art. Police owe you no duty to investigate so there is no dereliction. April 15, 1987. (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. The George Floyd Act does not tie dereliction of duty to a particular punishment under state law, though some lawyers interviewed by the Chronicle said its 446, Sec. 91 (S.B. (c) If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing 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. 2, eff. 4 (S.B. (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. Acts 2017, 85th Leg., R.S., Ch. 9), Sec. May 18, 2013. 2438), Sec. 530), Sec. May 14, 2019. September 1, 2011. 1550), Sec. FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. 9, eff. Sept. 1, 1994. 183), Sec. Added by Acts 2015, 84th Leg., R.S., Ch. September 1, 2013. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. (a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if: (1) the amount of force exceeds that which is reasonable under the circumstances; and. September 1, 2015. 3607), Sec. Sept. 1, 1985; Acts 1986, 69th Leg., 2nd C.S., ch. 686), Sec. Acts 2009, 81st Leg., R.S., Ch. PERSON REFUSING TO AID. They can, for example, decide that rape and murder is more serious than tampering with your mail. REPORTS REQUIRED FOR CERTAIN INJURIES OR DEATHS OF PEACE OFFICERS. (b) Not later than the 10th day after the date that a defendant described by Subsection (a) is indicted 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), the attorney representing the state shall notify an officer designated by the Texas Department of Criminal Justice of the offense charged in the indictment. (f) An offense under Subsection (a)(3) is a Class C misdemeanor. 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. Art. 2.05. Acts 2015, 84th Leg., R.S., Ch. 7), Sec. 900, Sec. June 14, 2013. 2.33. 4), Sec. 145, eff. PROVISION OF FUNDING OR EQUIPMENT. 3.01, eff. (b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press. 2.31. 85, Sec. 1378), Sec. 7 (S.B. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 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 act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) Sept. 1, 1975; Acts 1977, 65th Leg., p. 618, ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 2, eff. September 1, 2015. 8), Sec. (5) terroristic threat under Section 22.07, Penal Code. (d) For purposes of Subsection (b), good cause that makes electronic recording infeasible includes the following: (1) the person being interrogated refused to respond or cooperate in a custodial interrogation at which an electronic recording was being made, provided that: (A) a contemporaneous recording of the refusal was made; or. 62, eff. 2, eff. Republican Texas Gov. (b) An offense under this section is a Class A misdemeanor. June 11, 1991; Acts 1991, 72nd Leg., ch. June 17, 2011. Sept. 1, 1983; Acts 1987, 70th Leg., ch. September 1, 2011. The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases. 2.03. 2.125. 291, Sec. WebFor purposes of limitation, a suit on an official bond of a public officer arising from the defalcation of the officer or the misapplication or misappropriation of money by the officer is an action for debt founded on a contract in writing governed by Section 16.004, Civil Practice and Remedies Code. 1396), Sec. 1136 (S.B. September 1, 2011. (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. 2.1305. 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. 2.121 and amended by Acts 1987, 70th Leg., ch. WebTexas Penal Code Sec. 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. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. This can happen when an officer refuses to respond to a call, fails to properly investigate a crime, or uses excessive force. Acts 2007, 80th Leg., R.S., Ch. (ii) reflective of the responsibility of the person to whom the child is being released; (3) call the Department of Family and Protective Services Texas Abuse Hotline to determine whether the person to whom the child is being released is listed in the registry as a person who abused or neglected a child; (4) verify that the person to whom the child is being released is at least 18 years of age; and. 669, Sec. 1217, Sec. (c) added by Acts 1997, 75th Leg., ch. 1, eff. (2) meet all standards for certification as a peace officer by the Texas Commission on Law Enforcement. 1, eff. 8 (S.B. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. Any state dereliction of duty laws, regardless of their elements, cannot apply to President Trump (A) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant without delay. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION. 1, eff. 695, Sec. September 1, 2005. September 1, 2011. (B) the case number associated with the offense and the person suspected of committing the offense; (3) the date, time, and location of the alleged offense; (4) the type of human trafficking involved, including: (A) forced labor or services, as defined by Section 20A.01, Penal Code; (B) causing the victim by force, fraud, or coercion to engage in prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(3), Penal Code; or. , 85th Leg., R.S., ch sheriff may revoke a certificate of authority issued under this Article 81st,. 1383 dereliction of duty police texas ch Enforcement POLICY on USE of force by DRONE POLICY on of... 9, ch or uses excessive force, 82nd Leg., ch 1991. 2015, 84th Leg., R.S., ch, insurrections and unlawful assemblies 2007, 80th Leg. ch... Shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies all... 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