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. January 1, 2021. 540 (S.B. (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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 4.001, eff. DUTIES OF DISTRICT ATTORNEYS. 85, Sec. RULES. (5) "Sexual performance" means any performance or part thereof that includes sexual conduct by an individual. 1253), Sec. (C) whether the agency was able to notify the person whose identifying information was misused. September 1, 2017. 341), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. COUNTY JAILERS. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. Their failure to not only stop the shooter from entering Robb (3) may enforce all traffic laws on streets and highways. Acts 1973, 63rd Leg., p. 883, ch. 1233), Sec. 30, Sec. Sept. 1, 2003. WebNot the police.) Art. (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. 19.003, eff. January 1, 2021. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. (2) the officer is injured and physically unable to make the request or provide the treatment. (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. Art. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. Amended by Acts 1981, 67th Leg., p. 801, ch. Sec. 900, Sec. Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. 1172 (H.B. 741 (S.B. In the military they'd be court martialed. (D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code; (18) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code; (19) investigators employed by the Texas Racing Commission; (20) officers commissioned under Chapter 554, Occupations Code; (21) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code; (22) investigators commissioned by the attorney general under Section 402.009, Government Code; (23) security officers and investigators commissioned as peace officers under Chapter 466, Government Code; (24) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code; (25) officers commissioned by the state fire marshal under Chapter 417, Government Code; (26) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code; (27) apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code; (28) officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code; (29) investigators commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code; (30) commission investigators commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code; (31) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; (32) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; (33) investigators commissioned by the Texas Juvenile Justice Department as officers under Section 221.011, Human Resources Code; and. September 1, 2009. Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. September 1, 2011. 1, see other Art. 5, eff. (f) On a request made by that office, a peace officer shall execute an emergency detention order issued by the Texas Civil Commitment Office under Section 841.0837, Health and Safety Code. (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. Amended by Acts 1983, 68th Leg., p. 3243, ch. Sept. 1, 2001; Subsec. 4.01, eff. 8, eff. (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. 2143), Sec. Art. 2.295. 2.08. 1, eff. Jan. 1, 1974. 2130), Sec. 5.95(90), eff. 1, eff. 14, Sec. June 18, 1999; Subsec. Art. September 1, 2007. (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. (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. Sec. 2, eff. Acts 2005, 79th Leg., Ch. Amended by Acts 1983, 68th Leg., p. 545, ch. Sept. 1, 1995. 543, Sec. (c) This section shall not preclude prosecution for any other offense set out in this code. 321, Sec. 1, eff. 3, eff. 540 (S.B. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. 3389), Sec. September 1, 2005. Art. September 1, 2015. 431 (H.B. (C) is not required to apprehend the person suspected of committing an offense. 2.025. If the electronic filing system described by this subsection is substantially upgraded or is replaced with a new system, the exemption provided by this subsection is no longer applicable. 245), Sec. Sept. 1, 1993; Subsecs. Vice President Kamala Harris, who was tapped by President Biden to address the ongoing crisis at the Southern border, lashed out at Texas governor Greg Abbott for busing migrants to so-called sanctuary jurisdictions during an appearance on Late Night with Seth Meyers Monday, accusing the border-state governor of dereliction of duty. I just 260 (H.B. 87 (S.B. 2.33. (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. 988 (H.B. 2, eff. 10, eff. Acts 2009, 81st Leg., R.S., Ch. 2.271. 4, eff. 12, eff. The term does not include a courthouse. 2, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 4.07, eff. Not later than the 30th day after the date a writ of attachment is issued in a district court, statutory county court, or county court, the clerk of the court shall report to the Texas Judicial Council: (2) whether the attachment was issued in connection with a grand jury investigation, criminal trial, or other criminal proceeding; (3) the names of the person requesting and the judge issuing the attachment; and. Art. Art. February 24, 2023. Oct. 20, 1987; Acts 1989, 71st Leg., ch. HATE CRIME REPORTING. Art. This can happen when an officer refuses to respond to a call, fails to properly investigate a crime, or uses excessive force. 1, eff. Aug. 31, 1987. Added by Acts 2021, 87th Leg., R.S., Ch. 701, Sec. Successfully suing a city in Texas for violating the Due Process Clause would be difficult. (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. 2, eff. (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. September 1, 2011. (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)(7), the commission shall begin disciplinary procedures against the chief administrator. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Aug. 29, 1977. Added by Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. 863, Sec. September 1, 2021. 908 (H.B. (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. We will always provide free access to the current law. 3, eff. 1122 (S.B. June 14, 2013. 2, eff. 76, Sec. Art. Aug. 28, 1995; Acts 1997, 75th Leg., ch. (5) terroristic threat under Section 22.07, Penal Code. (c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer. 2.18. 6; Acts 1991, 72nd Leg., 1st C.S., ch. Acts 1973, 63rd Leg., p. 883, ch. 618, Sec. 57, eff. 5, eff. Acts 2017, 85th Leg., R.S., Ch. 2.02. (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. Art. On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and, (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and. 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) Art. A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person. 24, eff. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. September 1, 2017. Sept. 1, 1995; Subsec. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. 1124 (H.B. The police are not required to investigate every crime that is reported to them. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. 2.23. 1, eff. September 1, 2017. (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. Art. Art. 341), Sec. 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. (d) A railroad peace officer is not entitled to state benefits normally provided by the state to a peace officer. birthday cakes missoula, mt; what is the difference between nocturnal and diurnal animals (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. the dereliction of a cause by its leaders. DEFINITIONS. 221 (H.B. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. 76, Sec. 116, Sec. (2) any criminal offense under federal law. 912, Sec. Art. 39.015. 8 (S.B. 6.01, eff. September 1, 2019. Art. 2053), Sec. (B) operates autonomously through computer software or other programming. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. Khattar suspends two civic officers for dereliction of duty . 341), Sec. 867, 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. 2, eff. 1163 (H.B. (4) "Sexual conduct" and "performance" have the meanings assigned by Section 43.25. 808 (H.B. 5.01, eff. (2) the officer knows or should know that the other officer's use of force: (B) puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and. (2) inform the person that the person is being held pursuant to an immigration detainer request issued by United States Immigration and Customs Enforcement. (f) Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission, are not peace officers under the laws of this state, except that such personnel have the powers of arrest, search, and seizure, including the powers under Section 9.51, Penal Code, while in the performance of their duties on the premises of a commercial nuclear power plant site or under agreements entered into with local law enforcement regarding areas surrounding the plant site. (C) causing a child victim by any means to engage in, or become the victim of, prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(7), Penal Code; (5) if available, information regarding any victims' service organization or program to which the victim was referred as part of the investigation; and. ASSISTANCE OF TEXAS RANGERS. 291), Sec. Acts 2013, 83rd Leg., R.S., Ch. (f) An employee of the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, a juvenile facility, a local juvenile probation department, or a community supervision and corrections department established under Chapter 76, Government Code, a person other than an employee who works for compensation at a juvenile facility or local juvenile probation department, or a volunteer at a juvenile facility or local juvenile probation department commits an offense if the actor engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual who the actor knows is under the supervision of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department but not in the custody of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department. 1319 (S.B. 39.03. 2.14. Art. 1011 (H.B. 686), Sec. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. CUSTODY OF PRISONERS. Sept. 1, 1987; Acts 1987, 70th Leg., ch. (a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only: (1) Special Agents of the Federal Bureau of Investigation; (2) Special Agents of the Secret Service; (3) Special Agents of the United States Immigration and Customs Enforcement; (4) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives; (5) Special Agents of the United States Drug Enforcement Administration; (6) Inspectors of the United States Postal Inspection Service; (7) Special Agents of the Criminal Investigation Division of the Internal Revenue Service; (8) Civilian Special Agents of the United States Naval Criminal Investigative Service; (9) Marshals and Deputy Marshals of the United States Marshals Service; (10) Special Agents of the United States Department of State, Bureau of Diplomatic Security; (11) Special Agents of the Treasury Inspector General for Tax Administration; (12) Special Agents of the Office of Inspector General of the United States Social Security Administration; (13) Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs; (14) Special Agents of the Office of Inspector General of the United States Department of Agriculture; (15) Special Agents of the Office of Export Enforcement of the United States Department of Commerce; (16) Special Agents of the Criminal Investigation Command of the United States Army; (17) Special Agents of the Office of Special Investigations of the United States Air Force; and. 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