(b) A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. (h) It is an affirmative defense to prosecution under Subsection (f) that the actor was the spouse of the individual at the time of the offense. May 18, 2013. (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. 87 (S.B. WebTexas Penal Code Sec. Sept. 1, 1994. 1, eff. 1223 (S.B. (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. Acts 2015, 84th Leg., R.S., Ch. A municipal prosecutor could charge a police officer for refusing to enforce a CPO, but I have never heard of this happening. (g) An offense under Subsection (f) is a state jail felony. September 1, 2011. 1, eff. entrepreneurship, were lowering the cost of legal services and September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. 1237, Sec. 24.001(3), eff. Jan. 1, 1974. June 17, 2011. (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. 85, Sec. 1122 (S.B. Acts 2019, 86th Leg., R.S., Ch. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. 516 (H.B. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 915 (H.B. 4170), Sec. 606 (S.B. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Added by Acts 2003, 78th Leg., ch. 1233), Sec. (b) Except as provided by Subsection (c), a law enforcement agency that fails to submit the required report on or before the seventh day after the date of receiving notice under Subsection (a) is liable for a civil penalty in the amount of $1,000 for each day after the seventh day that the agency fails to submit the report. 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 2.26. 1009), Sec. 34 (S.B. 5.02, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 7), Sec. 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. Art. 1011 (H.B. 2.29. 1, eff. 1, eff. Amended by Acts 1967, 60th Leg., p. 1733, ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. 2, eff. 580 (S.B. Sec. (5) maintain a record regarding the child's placement, including: (A) identifying information about the child, including the child's name or pseudonyms; and. 655 (H.B. WebTexas Penal Code Sec. 1, eff. (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), the commission shall begin disciplinary procedures against the chief administrator. September 1, 2017. Acts 2005, 79th Leg., Ch. 540 (S.B. (c) It is an exception to the application of this section that the person who was subject to an immigration detainer request described by Subsection (a)(1) had provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver's license or similar government-issued identification. DUTIES OF DISTRICT ATTORNEYS. Acts 2011, 82nd Leg., R.S., Ch. (a) A law enforcement officer who takes possession of a child under Section 262.104, Family Code, may release the child to: (1) a residential child-care facility licensed by the Department of Family and Protective Services under Chapter 42, Human Resources Code, if the facility is authorized by the department to take possession of the child; (3) the Department of Family and Protective Services; or. 1545, Sec. September 1, 2017. 854, Sec. 686), Sec. (b) Except as otherwise provided by this subsection, the duties of the appointed office are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation. 604), Sec. 1. Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. 2.14. 4, eff. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. Joe Biden would be jailed for rigging an election. 2.13951. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. 2018), Sec. (b) A person commits an offense if the person is required by Section 501.055, Government Code, to: (1) give notice of the death of an inmate and the person fails to give the notice; or. A Texas man pleaded guilty last month to intoxication manslaughter in a deadly vehicle crash that killed an off-duty Euless police officers and injured his wife and children. (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. 8 (S.B. 4.02, eff. Aug. 27, 1973; Acts 1973, 63rd Leg., p. 1259, ch. The political consequences are too great. 681 (S.B. (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. Added by Acts 2017, 85th Leg., R.S., Ch. May 24, 1977; Acts 1977, 65th Leg., p. 1082, ch. 1259), Sec. June 14, 2019. Acts 2015, 84th Leg., R.S., Ch. 93 (S.B. (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. Acts 2019, 86th Leg., R.S., Ch. April 15, 1987. Amended by Acts 1983, 68th Leg., p. 545, ch. 686 (H.B. 5.95(90), eff. 1, eff. 1758), Sec. 873), Sec. September 1, 2017. Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. 611), Sec. Acts 2019, 86th Leg., R.S., Ch. 93 (S.B. 4, eff. 4, eff. Acts 1973, 63rd Leg., p. 883, ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 291, Sec. Joe Biden would be jailed for rigging an election. If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. Acts 2017, 85th Leg., R.S., Ch. A judge shall report to the United States Immigration and Naturalization Service a person who has been convicted in the judge's court of a crime or has been placed on deferred adjudication for a felony and is an illegal criminal alien as defined by Section 493.015(a), Government Code. Numerous media outlets have condemned the police response to the Uvalde, Texas school shooting, casting law enforcement's conduct as "utterly negligent" and Art. 1576), Sec. 8, eff. Acts 2013, 83rd Leg., R.S., Ch. 1011 (H.B. 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. 21.001(7), eff. All expenses incurred by the granting or revocation of a certificate of authority to act as a special ranger shall be paid by the association. WebAnswer (1 of 5): Not sure what duty you are referring to? 601), Sec. 967, Sec. Amended by Acts 1983, 68th Leg., p. 3243, ch. 2.01, eff. (f) An offense under Subsection (a)(3) is a Class C misdemeanor. Acts 2011, 82nd Leg., R.S., Ch. 245), Sec. (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. (d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 900, Sec. 722. Added by Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 580, Sec. by KC Wildmoon. (2) was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence. 9, eff. Whenever a duty is imposed upon the clerk of the district or county court, the same may be lawfully performed by his deputy. 628, Sec. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE. Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code, the magistrates or associate judges appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County, the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, the associate judges appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County, the associate judges appointed by the judges of the district courts and the statutory county courts of Brazos County, Nueces County, or Williamson County, the magistrates appointed by the judges of the district courts and statutory county courts that give preference to criminal cases in Travis County, the criminal magistrates appointed by the Brazoria County Commissioners Court, the criminal magistrates appointed by the Burnet County Commissioners Court, the magistrates appointed by the El Paso Council of Judges, the county judges, the judges of the county courts at law, judges of the county criminal courts, the judges of statutory probate courts, the associate judges appointed by the judges of the statutory probate courts under Chapter 54A, Government Code, the associate judges appointed by the judge of a district court under Chapter 54A, Government Code, the magistrates appointed under Subchapter JJ, Chapter 54, Government Code, the magistrates appointed by the Collin County Commissioners Court, the magistrates appointed by the Fort Bend County Commissioners Court, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns. Added by Acts 1993, 73rd Leg., ch. 2.295. (3) the person undergoes any additional training required for that person to meet the training standards of the municipality or county for peace officers employed by the municipality or county. May 17, 1983; Acts 1983, 68th Leg., p. 4358, ch. Acts 2019, 86th Leg., R.S., Ch. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. 3607), Sec. Sept. 1, 2001; Subsec. 2.31. Amended by Acts 1967, 60th Leg., p. 1734, ch. 4, eff. The US Supreme Court has already ruled that police and the city/state cannot be sued for failing to even enforce a 350, Sec. 3, eff. 1, eff. 291, Sec. Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 659, Sec. (2) may report to the national crime information center each warrant or capias issued for a defendant charged with a misdemeanor other than a Class C misdemeanor who fails to appear in court when summoned. Added by Acts 2017, 85th Leg., R.S., Ch. 4173), Sec. 2.131. 4173), Sec. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. (c) Each law enforcement agency shall require each peace officer who is employed by the agency and who performs eyewitness identification procedures to complete the education and training described by Subsection (b). 1, eff. 2.18. Boy, are you going to be disappointed when you learn that the US Supreme Court has already ruled the police that you pay taxes to support have absolutely zero obligation to protect you . (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 2005, 79th Leg., Ch. (e) Except as provided by Subsection (f), an offense under this section is a felony of the third degree. 1253), Sec. (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. 580 (S.B. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey. September 1, 2017. September 1, 2015. 2.08. (c) amended by Acts 2003, 78th Leg., ch. Ignored DNA match in rape case. (b) Except as provided by Subsection (c) of this article, a special ranger may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving livestock or related property. 974, Sec. 216 (H.B. 947, Sec. 216 (H.B. 2.33. http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.03 1036), Sec. WebCHAPTER 143. 63, eff. The traitor Donald Trump will be tried for reality-show false opposition and dereliction of duty. Sept. 1, 1983. (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. September 1, 2017. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. (2) "Custody" means the detention, arrest, or confinement of an adult offender, the detention of a juvenile offender, or the commitment of a juvenile offender to a correctional facility or juvenile facility. 2, eff. September 1, 2017. 4173), Sec. (e) A person may not serve as an adjunct police officer for a municipality or county unless: (1) the institution of higher education submits the person's application for appointment and certification as an adjunct police officer to the chief of police of the municipality or, if outside a municipality, the sheriff of the county that has jurisdiction over the geographical area of the institution; (2) the chief of police of the municipality or sheriff of the county to whom the application was made issues the person a certificate of authority to act as an adjunct police officer; and. September 1, 2015. September 1, 2011. 1, eff. In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). (d) The attorney general may sue to collect a civil penalty under this article. (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. Art. Added by Acts 1987, 70th Leg., ch. 19, Sec. 16, Sec. 14.52, eff. 40, Sec. Posted on Jul 29, 2012. Acts 2011, 82nd Leg., R.S., Ch. 5.03, eff. 5, eff. September 1, 2015. 1172 (H.B. 4, eff. (g) A railroad company is liable for any act or omission by a person serving as a railroad peace officer for the company that is within the person's scope of employment. (a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state. The building is in a state of dereliction. 1, eff. September 1, 2021. Sept. 1, 2003. (9) whether the incident occurred during or as a result of: (B) a hostage, barricade, or other emergency situation. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES OR DEATHS. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. (C) is not required to apprehend the person suspected of committing an offense. Added by Acts 2015, 84th Leg., R.S., Ch. 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