4), Sec. DUTIES OF ATTORNEY GENERAL. Added by Acts 2007, 80th Leg., R.S., Ch. 516 (H.B. 4, Sec. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. WebAnswer (1 of 5): Not sure what duty you are referring to? Art. 70, eff. The duty to protect your life from a crazed killer? 699, Sec. (a) In this article: (1) "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction. 2.11. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. May 29, 1999; Acts 1999, 76th Leg., ch. 284), Sec. 701, Sec. 1, eff. Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. (B) any object that in the manner of its use or intended use is capable of causing death or serious bodily injury. 1, eff. 5.95(90), eff. 988 (H.B. 1969), Sec. 378 (S.B. 34), Sec. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. 19.01(34), eff. 558, Sec. 943 (H.B. (e) Not later than March 1 of each year, the office of the attorney general shall submit a report regarding all officer-involved injuries or deaths that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. 549), Sec. Amended by Acts 1967, 60th Leg., p. 1734, ch. No, you can't. Officer Connie Brant has been charged with nine counts of dereliction of duty following an internal investigation, according to police. (d) In this section, "information that has not been made public" means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code. 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. (c) added by Acts 1997, 75th Leg., ch. September 1, 2005. Art. September 1, 2019. 2.29. 1, eff. 1420, Sec. 1, eff. 7), Sec. Art. 979 (S.B. 3), Sec. Art. Web(a) A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person: (1) has custody of a person subject to an immigration detainer request issued by United States Immigration 530), Sec. 2.31. (g) A private institution of higher education is liable for any act or omission by a person while serving as an adjunct police officer outside of the campus of the institution in the same manner as the municipality or county governing that geographical area is liable for any act or omission of a peace officer employed by the municipality or county. 1, eff. (B) the name and address of the person to whom the child is being released. (i) This article does not affect any duty of the municipality or county to provide law enforcement services to a geographical area designated under Subsection (a) of this article. Sept. 1, 1997; Acts 1999, 76th Leg., ch. This subsection does not prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney who is appointed to perform additional duties. 39.021 and amended by Acts 1993, 73rd Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. Acts 2017, 85th Leg., R.S., Ch. SPECIAL INVESTIGATORS. [=is in poor condition from being abandoned] 2. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST PROHIBITED. (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. 1, see other Art. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. 2212), Sec. 1.01, 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. Acts 2005, 79th Leg., Ch. Added by Acts 1985, 69th Leg., ch. 1, eff. 6.01, eff. September 1, 2017. (a-1) A district clerk is exempt from the requirements of Subsections (a)(4) and (5) if the electronic filing system used by the clerk for accepting electronic documents or electronic digital media from an attorney representing the state does not have the capability of accepting electronic filings from a defendant and the system was established or procured before June 1, 2009. 1550), Sec. 5.03, eff. Amended by Acts 1999, 76th Leg., ch. (e) Subsection (d) does not prevent a peace officer from: (1) conducting a separate investigation of any other alleged criminal offense; or. 4170), Sec. (a) In this article: (1) "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that: (A) is controlled remotely by a human operator; or. Added by Acts 2017, 85th Leg., R.S., Ch. Art. June 18, 1999; Subsec. Sept. 1, 2001. Republican Texas Gov. (c) Not later than March 1 of each year, the office of the attorney general shall submit a report regarding all incidents described by Subsection (a) that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. 2.134. September 1, 2015. 2.02. September 1, 2011. 1783), Sec. 1, eff. 16, Sec. 3 min read. (2) conduct an investigation and file a report and the person: (A) fails to conduct the investigation or file the report; or. 1297, Sec. September 1, 2019. 734 (H.B. 1, eff. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 686), Sec. CONSERVATOR OF THE PEACE. 2, eff. 2.04. 1011 (H.B. 2.305. Aug. 26, 1985; Acts 1985, 69th Leg., ch. September 1, 2005. Khattar suspends two civic officers for dereliction of duty . 1, eff. 2.212. 655 (H.B. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. Acts 2005, 79th Leg., Ch. 111), Sec. June 19, 2009. Termination of employment with the association, or the revocation of a special ranger license, shall constitute an automatic revocation of a certificate of authority to act as a special ranger. HATE CRIME REPORTING. 2.121 and amended by Acts 1987, 70th Leg., ch. Added by Acts 2003, 78th Leg., ch. 1, eff. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. 2.1386. 7, 2021). September 1, 2021. 2.123. Any state dereliction of duty laws, regardless of their elements, cannot apply to President Trump (h) The employing institution shall pay all expenses incurred by the municipality or county in granting or revoking a certificate of authority to act as an adjunct police officer under this article. Art. b : the condition of being no longer cared for. (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. (2) meet all standards for certification as a peace officer by the Texas Commission on Law Enforcement. 1, eff. 91 (S.B. 3607), Sec. June 20, 2003. 534 (S.B. A Columbus police officer who investigated serious injury and fatal crashes has been charged criminally with nine misdemeanor counts of dereliction of duty. September 1, 2009. 1, eff. June 12, 1985. (a) 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: (A) the peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states; or, (B) the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state; and, (A) maintain physical custody of the inmate or defendant while transporting the inmate or defendant; or. May 30, 1995; Acts 1995, 74th Leg., ch. The bond may be sued on from time to time in the name of the person injured until the whole amount is recovered. September 1, 2019. 1172 (H.B. 2.01. 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. (b) A judge of a court in which a district or county attorney represents the State shall declare the district or county attorney disqualified for purposes of Article 2.07 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute. June 17, 2011. 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 The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. 290, Sec. 263 (S.B. (A) any place described by Section 1.07(a)(14); (B) any place or facility designated for the detention of a person suspected of violating a provision of the Immigration and Nationality Act (8 U.S.C. 1, eff. For text of article as added by Acts 2021, 87th Leg., R.S., Ch. (c) Beginning on the day after the date of receiving notice under Subsection (a), a law enforcement agency that, in the five-year period preceding the date the agency received the notice, has been liable for a civil penalty under Subsection (b) or this subsection is liable for a civil penalty for each day the agency fails to submit the required report. 291), Sec. 37, eff. (C) the governing board of a public junior college under Section 51.220, Education Code. Aug. 30, 1999. 1420, Sec. 6.001, eff. (b) A peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a). (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. 867, Sec. 2.025. 1, eff. 93 (S.B. Sept. 1, 1983. (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. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (3) municipal and county law enforcement agencies. ASSISTANCE OF TEXAS RANGERS. Ron DeSantis (R) of dereliction of duty over their recent transports of migrants to Democratic-led cities. Greg Abbott (R) and Florida Gov. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Added by Acts 1995, 74th Leg., ch. (d) A railroad peace officer is not entitled to state benefits normally provided by the state to a peace officer. 3 min read. 93 (S.B. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE. Art. (d) A person may not serve as a school marshal unless the person is: (1) licensed under Section 1701.260, Occupations Code; and. (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) on conviction or adjudication, would subject the elected officer to registration as a sex offender under Chapter 62. 474, Sec. Art. 150), Sec. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. (f) Subject to Subsections (g), (h), (i), and (j), a clerk may dispose of an eligible exhibit or may deliver the eligible exhibit to the county purchasing agent for disposal as surplus or salvage property under Section 263.152, Local Government Code, if on the date provided by Subsection (e) the clerk has not received a request for the exhibit from either the attorney representing the state in the case or the attorney representing the defendant. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. 2.33. Acts 2017, 85th Leg., R.S., Ch. Aug. 29, 1983; Acts 1985, 69th Leg., ch. DUTIES AND POWERS. We will always provide free access to the current law. 1, eff. 34 (S.B. WHEN COMPLAINT IS MADE. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. (e), (f) added by Acts 1995, 74th Leg., ch. 21.001(1), eff. 1728), Sec. 2.33. 2143), Sec. (a) The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and employees. September 1, 2017. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). September 1, 2019. May 18, 2013. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE. 2, eff. The form must include spaces to report only the following information: (1) the date on which the incident occurred; (2) the location where the incident occurred; (3) the age, gender, and race or ethnicity of each peace officer involved in the incident; (4) if known, the age, gender, and race or ethnicity of each injured or deceased person involved in the incident; (5) whether the person was injured or died as a result of the incident; (6) whether each injured or deceased person used, exhibited, or was carrying a deadly weapon during the incident; (7) whether each peace officer involved in the incident was on duty during the incident; (8) whether each peace officer involved in the incident was responding to an emergency call or a request for assistance and, if so, whether the officer responded to that call or request with one or more other peace officers; and. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (f) added by Acts 2003, 78th Leg., ch. 82 (S.B. September 1, 2015. Acts 2009, 81st Leg., R.S., Ch. 204, Sec. Added by Acts 2005, 79th Leg., Ch. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 467 (H.B. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a special ranger. (b) amended by and subsec. 1, eff. May 19, 1995. Added by Acts 1995, 74th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. 263 (S.B. (c) An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation. (d) The attorney general may sue to collect a civil penalty under this article. (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. June 19, 2009. Art. 399, Sec. Renumbered from Penal Code Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 891), Sec. September 1, 2017. 1341 (S.B. Acts 2019, 86th Leg., R.S., Ch. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION OFFENSES. May 18, 2013. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report. 669, Sec. 1233), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 324 (S.B. September 1, 2021. 107, Sec. 442, Sec. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. (a) The tribal council of the Alabama-Coushatta Tribe of Texas or the tribal council of the Kickapoo Traditional Tribe of Texas is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe's reservation. 974, Sec. 6.01, eff. 2, eff. Joe Biden would be jailed for rigging an election. 1, eff. Sept. 1, 2001; Subsec. 908 (H.B. 343), Sec. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. Acts 2019, 86th Leg., R.S., Ch. (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. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 1, eff. 341), Sec. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES OR DEATHS. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. DUTY TO REQUEST AND RENDER AID. 124), Sec. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. September 1, 2017. MAY ADMINISTER OATHS. 558, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. June 17, 1997; Subsec. May 26, 1997; Subsec. 2, eff. Sept. 1, 2003. While the officer is under no legal obligation to render aid to any one individual, once that officer decides to render aid to a victim, a special relationship may be established Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 1, eff. The report must include all information described in Subsection (b). 2884), Sec. Acts 2017, 85th Leg., R.S., Ch. 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. Added by Acts 2017, 85th Leg., R.S., Ch. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. ); or. 578 (S.B. 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. 6, eff. 8), Sec. Art. 2.04, eff. 16, Sec. September 1, 2017. Sept. 1, 1983; Acts 1987, 70th Leg., ch. SHALL DRAW COMPLAINTS. (d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting. 1774), Sec. (2) any criminal offense under federal law. (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. entrepreneurship, were lowering the cost of legal services and Art. ABUSE OF OFFICIAL CAPACITY. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. 20, eff. 2.01, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. Reenacted and amended by Acts 2005, 79th Leg., Ch. (3) intentionally subjects another to sexual harassment. 950 (S.B. (c) A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. 873), Sec. 122), Sec. Sept. 1, 1985; Acts 1986, 69th Leg., 2nd C.S., ch. 950 (S.B. Art. Art. (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, or county attorney with criminal jurisdiction. Added by Acts 1993, 73rd Leg., ch. June 15, 2007. (2) any benefits offered or provided to a person in exchange for testimony described by Subdivision (1). (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. 808 (H.B. Sept. 1, 1994. Sept. 1, 2003. OFFICIAL OPPRESSION. 580, Sec. The US Supreme Court has already ruled that police and the city/state cannot be sued for failing to even enforce a 1070, Sec. The following are peace officers: (1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (4) rangers, officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety; (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; (6) law enforcement agents of the Texas Alcoholic Beverage Commission; (7) each member of an arson investigating unit commissioned by a city, a county, or the state; (8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code; (9) officers commissioned by the General Services Commission; (10) law enforcement officers commissioned by the Parks and Wildlife Commission; (11) officers commissioned under Chapter 23, Transportation Code; (12) municipal park and recreational patrolmen and security officers; (13) security officers and investigators commissioned as peace officers by the comptroller; (14) officers commissioned by a water control and improvement district under Section 49.216, Water Code; (15) officers commissioned by a board of trustees under Chapter 54, Transportation Code; (16) investigators commissioned by the Texas Medical Board; (A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code; (B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code; (C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; and. 1276, Sec. 2.15. (a) Except as provided by Subsection (b), a school marshal may: (1) make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by: (A) the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code; (B) the governing body of a private school under Section 37.0813, Education Code; or, (C) the governing board of a public junior college under Section 51.220, Education Code; and. (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. 1.01, eff. 1, eff. 57, eff. Sec. 1, eff. 1, eff. 69), Sec. 3791), Sec. 2, eff. 2.18. ATTORNEY PRO TEM. Art. 939 (S.B. 601), Sec. 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