Police Can’t Tell Prosecutors About Misconduct Until It’s Finally Sustained

The text as introduced · 583 words

89R12450 MZM-D

By: Birdwell
S.B. No. 1573

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 in district court in the county

in which the law enforcement agency is located. 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. On receiving a petition under this subsection,

the district court shall conduct a hearing to determine the

validity of the disputed allegation of misconduct in accordance

with Subsection (f).

(f) In a hearing under Subsection (e), the district court

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

court 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.