Miles Bill Sends Undisciplined Officer Cases To A Prosecutor

The text as introduced · 1,853 words

89R381 MP-F

By: Miles
S.B. No. 280

A BILL TO BE ENTITLED

AN ACT

relating to municipal civilian complaint review boards for peace

officer misconduct in certain municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 5, Local Government Code, is

amended by adding Chapter 143A to read as follows:

CHAPTER 143A. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARDS FOR PEACE

OFFICER MISCONDUCT IN CERTAIN MUNICIPALITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 143A.001. APPLICABILITY. This chapter applies only to

a municipality with a population of 200,000 or more.

Sec. 143A.002. DEFINITIONS. In this chapter:

(1) "Board" means a municipal civilian complaint

review board for peace officer misconduct.

(2) "Peace officer" means a peace officer described by

Article 2.12, Code of Criminal Procedure, appointed or employed to

serve as a peace officer for a municipality.

Sec. 143A.003. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD

FOR PEACE OFFICER MISCONDUCT. A board is established in each

municipality subject to this chapter to investigate complaints

alleging peace officer misconduct.

SUBCHAPTER B. MUNICIPAL CIVILIAN COMPLAINT REVIEW BOARD FOR PEACE

OFFICER MISCONDUCT

Sec. 143A.051. COMPOSITION OF BOARD. A board consists of

five public members appointed as follows:

(1) two members appointed by the presiding officer of

the governing body of the municipality, one of whom must be

appointed from a list of municipal residents submitted to the

presiding officer by the governing body of the municipality;

(2) one member appointed by the county judge of the

county in which the municipality is wholly or primarily located;

(3) one member appointed by the police chief of the

municipal police department; and

(4) one member appointed by the commissioners court of

the county in which the municipality is wholly or primarily

located.

Sec. 143A.052. INELIGIBILITY. A person is ineligible to

serve as a board member if the person:

(1) is a municipal employee;

(2) holds a public office; or

(3) has experience as a law enforcement professional,

including as:

(A) a peace officer;

(B) a criminal investigator;

(C) a special agent; or

(D) a managerial or supervisory employee with

substantial policy discretion on law enforcement matters in a

federal, state, or local law enforcement agency, other than as an

attorney in a prosecutorial agency.

Sec. 143A.053. TERMS. A board member is appointed for a

two-year term.

Sec. 143A.054. PRESIDING OFFICER. The presiding officer of

the governing body of the municipality shall designate a board

member to serve as the presiding officer of the board at the

pleasure of the presiding officer of the governing body of the

municipality.

Sec. 143A.055. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) A

board member may be removed from a board if the member:

(1) is ineligible for membership under Section

143A.052;

(2) cannot discharge the member's duties for a

substantial part of the member's term because of illness or

disability; or

(3) is absent from more than half of the regularly

scheduled board meetings during a calendar year without an excuse

approved by a majority vote of the board.

(b) The validity of an action of a board is not affected by

the fact that it is taken when a ground for removal of a board member

exists.

(c) If the executive director of a board or another board

member has knowledge that a potential ground for removal exists,

the executive director or board member shall notify the presiding

officer of the board of the potential ground. The presiding officer

shall then notify the presiding officer of the governing body of the

municipality that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer of the

board, the executive director or board member shall notify the next

highest ranking officer of the board, who shall then notify the

presiding officer of the governing body of the municipality that a

potential ground for removal exists.

Sec. 143A.056. VACANCY. A vacancy on a board shall be

filled for the unexpired term in the same manner as the original

appointment.

Sec. 143A.057. COMPENSATION; EXPENSES. (a) A board member

is entitled to a per diem of $150 for each day the member engages in

board business. The total per diem a board member may receive

during a fiscal year may not exceed $5,000.

(b) A board member is entitled to reimbursement for actual

and necessary expenses incurred in performing the duties of the

board.

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Sec. 143A.101. EXECUTIVE DIRECTOR. A board may employ an

executive director as necessary to administer the policies of the

board.

Sec. 143A.102. PERSONNEL. A board may employ personnel as

necessary to exercise its powers and fulfill its duties under this

chapter.

Sec. 143A.103. RULES. A board may adopt rules as necessary

to implement this chapter.

SUBCHAPTER D. INVESTIGATION OF COMPLAINTS

Sec. 143A.151. INVESTIGATION OF COMPLAINTS. A board may

investigate a complaint that alleges peace officer misconduct

involving:

(1) excessive use of force;

(2) improper use of power to threaten, intimidate, or

otherwise mistreat a member of the public;

(3) a threat of force;

(4) an unlawful act, search, or seizure; or

(5) other abuses of authority.

Sec. 143A.152. FILING OR BOARD INITIATION OF COMPLAINT. A

complaint may be:

(1) filed under Section 143A.153; or

(2) initiated by a majority vote of the board.

Sec. 143A.153. COMPLAINT ALLEGING MISCONDUCT. (a) A person

may file a complaint with a board alleging peace officer

misconduct.

(b) A complaint must:

(1) be in writing;

(2) allege the peace officer engaged in misconduct

described by Section 143A.151; and

(3) describe the alleged misconduct.

(c) A person may file a complaint regardless of whether the

person is the alleged victim of the misconduct.

Sec. 143A.154. COMPLAINT REVIEW PROCEDURE. A board shall:

(1) develop a system to promptly and efficiently act

on a complaint filed with or initiated by the board;

(2) maintain information regarding:

(A) the parties to each complaint;

(B) the subject matter of each complaint;

(C) the results of the investigation of a

complaint; and

(D) the disposition of each complaint;

(3) make information available describing the board's

procedures for complaint investigation and resolution;

(4) take reasonable measures to ensure the

confidentiality of all complainants;

(5) periodically notify the parties to the complaint

in writing of the status of the complaint; and

(6) provide the parties to the complaint with the

name, address, and telephone number of an individual to contact in

order to give or obtain information regarding the complaint.

Sec. 143A.155. SUBPOENAS. (a) A board may issue a subpoena

to compel the attendance of a witness or the production of any book,

record, or other document reasonably necessary to conduct an

investigation. A subpoena must relate to a matter under

investigation by the board.

(b) If a person refuses to comply with a subpoena issued

under this section, the board may apply to a court for an order to

compel the person to comply with the subpoena. Failure to comply

with the court order is punishable as contempt.

Sec. 143A.156. DISMISSAL OF CERTAIN ALLEGATIONS; GROUNDS

FOR CLOSING INVESTIGATION. A board may dismiss an allegation in a

complaint that the board elects to investigate under Section

143A.151 and close an investigation without reaching a final

determination if the person who filed the complaint or the alleged

victim of the misconduct that is the subject of the complaint

requests the dismissal.

Sec. 143A.157. INVESTIGATION OF COMPLAINT BY MUNICIPAL

ATTORNEY. (a) A board shall forward each complaint that the board

elects to investigate under Section 143A.151 to the municipal

attorney.

(b) The municipal attorney shall investigate the complaint

by:

(1) interviewing and obtaining a statement from:

(A) the complainant;

(B) each peace officer who is the subject of the

complaint; and

(C) each witness to the alleged misconduct; and

(2) obtaining any documentary or other evidence

relevant to the investigation.

(c) The municipal attorney shall complete the investigation

of a complaint not later than the 120th day after the date the

municipal attorney receives the complaint from the board.

Sec. 143A.158. COMPLAINT DETERMINATION AFTER

INVESTIGATION. (a) After an investigation of a complaint is

complete, the municipal attorney shall forward the results of the

investigation to the board or a panel of at least three board

members. The board or panel shall review the case and make a

determination on each allegation in the complaint that has not been

dismissed by the board. The determination of the board or panel

must be made not later than the 180th day after the date the board

receives the complaint.

(b) The board or panel shall state the board's or panel's

determination regarding each allegation in a complaint as:

(1) substantiated if the board or panel finds by a

preponderance of the evidence that the person who is the subject of

the complaint committed the alleged misconduct;

(2) exonerated if the board or panel finds by a

preponderance of the evidence that the person who is the subject of

the complaint engaged in the action alleged in the complaint but the

action was not misconduct because the action was lawful and proper;

(3) unfounded if the board or panel finds by a

preponderance of the evidence that the person who is the subject of

the complaint did not commit the alleged misconduct;

(4) unsubstantiated if the board or panel finds that

the available evidence is insufficient to make a finding by a

preponderance of the evidence under Subdivision (1), (2), or (3);

or

(5) nonactionable if the board or panel finds that the

person who is the subject of the complaint is no longer a peace

officer or cannot be identified.

Sec. 143A.159. NOTICE OF BOARD'S OR PANEL'S DETERMINATION.

(a) A board shall notify the parties to the complaint of the

board's or panel's determination.

(b) The board shall notify the employer of the peace officer

who is the subject of the complaint of the board's or panel's

determination. If the board or panel finds that a complaint is

substantiated, the board or panel may recommend an appropriate

disciplinary action to the employer. If the employer fails to take

disciplinary action against the peace officer before the 30th day

after the date the board notifies the employer of the board's or

panel's determination, the board shall forward the case to the

district attorney, criminal district attorney, or county attorney,

as appropriate, or to the appropriate United States attorney.

SECTION 2. The initial members of a municipal civilian

complaint review board for peace officer misconduct shall be

appointed as provided by Section 143A.051, Local Government Code,

as added by this Act, not later than October 1, 2025.

SECTION 3. The change in law made by Chapter 143A, Local

Government Code, as added by this Act, applies only to misconduct

that occurs on or after October 1, 2025. Misconduct that occurs

before October 1, 2025, is governed by the law in effect when the

misconduct occurred, and the former law is continued in effect for

that purpose. For purposes of this section, misconduct occurred

after October 1, 2025, if any act or omission constituting part of

the misconduct occurred after that date.

SECTION 4. This Act takes effect September 1, 2025.