Added by Acts 2017, 85th Leg., R.S., Ch. 3389), Sec. June 20, 2003. The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. 1136 (S.B. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. Art. 10, eff. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras. Art. COUNTY JAILERS. 558, Sec. DUTIES OF DISTRICT ATTORNEYS. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. Acts 2013, 83rd Leg., R.S., Ch. 2.01. 4, eff. Code Sections. 1545, Sec. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter. 69, eff. AUTHENTICATING OFFICER. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. June 17, 2011. 593 (H.B. June 19, 2009. 2212), Sec. WebTexas Penal Code Sec. This dereliction of duty by those on the Right has cost us countless lives and until they decide to use their power to serve we're likely to see incidents like those in Texas 1, eff. 1341 (S.B. SCHOOL MARSHALS. 895 (H.B. 907, Sec. (d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner: "__________, Authenticating Officer for Governor __________.". (d) In this article, "attorney for the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. Art. Aug. 28, 1989. 312 (S.B. (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 Termination of employment with a railroad company, or the revocation of a railroad peace officer license, shall constitute an automatic revocation of a certificate of authority to act as a railroad peace officer. Added by Acts 1999, 76th Leg., ch. 39.01 and amended by Acts 1993, 73rd Leg., ch. 8, eff. 28, eff. (h) A railroad peace officer who is a member of a railroad craft may not perform the duties of a member of any other railroad craft during a strike or labor dispute. (k) In this article, "digital multimedia evidence" means evidence stored or transmitted in a binary form and includes data representing documents, audio, video metadata, and any other information attached to a digital file. Even though police waited on the scene for about an hour before the gunman was shot, police are unlikely to face liability because of U.S. Supreme Court decisions and 829 (S.B. 14, Sec. 1, eff. 19.01(34), eff. Acts 2021, 87th Leg., R.S., Ch. Renumbered from art. 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. 1163 (H.B. 3, eff. 772 (H.B. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 563), Sec. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. Acts 2007, 80th Leg., R.S., Ch. The report must include: (1) the total number of officer-involved injuries or deaths; (2) a summary of the reports submitted to the office under this article; and. 4 (S.B. September 1, 2009. 686), Sec. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. 979 (S.B. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. Officer Connie Brant has been charged with nine counts of dereliction of duty following an internal investigation, according to police. (c) A peace officer serving as an adjunct police officer may make arrests and exercise all authority given peace officers under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. 183), Sec. The clerk shall make the report required by this article not later than the 30th day after the date the judgment is entered in the case. 40, Sec. (b-1) An electronically transmitted document is a written document for all purposes and exempt from any additional writing requirement under this code or any other law of this state. 1. Acts 2015, 84th Leg., R.S., Ch. Art. 2.02, eff. 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. 580 (S.B. 39.07. Acts 2009, 81st 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. September 1, 2019. 4.01, eff. 2.305. 947, Sec. 808 (H.B. (b) The geographical area that is subject to designation under Subsection (a) of this article may include only the private institution's campus area and an area that: (1) is adjacent to the campus of the private institution; (2) does not extend further than a distance of one mile from the perimeter of the campus of the private institution; and. (18) a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs. 14.52, eff. Acts 2017, 85th Leg., R.S., Ch. 4, Sec. May 18, 2013. 1, eff. (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. (3) intentionally subjects another to sexual harassment. (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. (3) may enforce all traffic laws on streets and highways. 2.31. Amended by Acts 1967, 60th Leg., p. 1733, ch. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Sept. 1, 2001; Acts 2001, 77th Leg., ch. The report must include all information described in Subsection (b). (a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if: (1) the amount of force exceeds that which is reasonable under the circumstances; and. (2) knowingly fails to comply with the detainer request. 1, eff. January 1, 2021. 39.015. (3) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01. 681 (S.B. (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. June 8, 2007. 62, eff. 2.31. Texas Civil Practice and Remedies Code: Section 33.001 (proportionate responsibility) Section 33.002 (applicability) Section 33.003 (determination of the percentage of responsibility) 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 Art. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (c) If the peace officer determines that the circumstances described by Section 262.104, Family Code, exist, the officer may take temporary possession of the child without a court order as provided by Section 262.104, Family Code. Art. 3, eff. (c) An attorney representing the state who prosecutes the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, which may involve human trafficking, shall submit to the attorney general the following information: (1) the offense being prosecuted, including a brief description of the alleged prohibited conduct; (2) any other charged offense that is part of the same criminal episode out of which the offense described by Subdivision (1) arose; (3) the information described by Subsections (b)(2), (3), (4), and (5); and. 1, eff. Added by Acts 1985, 69th Leg., ch. (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall Acts 2011, 82nd Leg., R.S., Ch. 543), Sec. (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. 93 (S.B. 1, eff. September 1, 2017. Added by Acts 2001, 77th Leg., ch. 173 (H.B. 1. 1, eff. Acts 2021, 87th Leg., R.S., Ch. 516 (H.B. Aug. 28, 1967; Acts 1971, 62nd Leg., p. 1116, ch. ATTORNEY PRO TEM. 312), Sec. September 1, 2017. May 29, 1999; Acts 1999, 76th Leg., ch. September 1, 2011. Aug. 31, 1987. 43, Sec. 2143), Sec. (a) In this section, "digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature. 979 (S.B. 1, eff. September 1, 2015. for non-profit, educational, and government users. September 1, 2011. (d) by Acts 2001, 77th Leg., ch. (h) The notice under Subsection (g) of this article must: (2) give the name and address of the court holding the exhibit; and. September 1, 2009. 1849), Sec. 977 (H.B. Added by Acts 2011, 82nd Leg., R.S., Ch. PROVISION OF FUNDING OR EQUIPMENT. 853, Sec. 39.03. If the office determines that the law enforcement agency failed to submit the report, the office shall provide notice of the failure to the agency. 2472), Sec. (b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press. 216 (H.B. 1783), Sec. 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 1, eff. 2.32. 322, Sec. (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. Acts 2013, 83rd Leg., R.S., Ch. Jacob Rothschild, George Soros, Bill Gates, and Tony Fauci would be tried for crimes against humanity and have their wealth confiscated and added to public coffers. 2.11. Successfully suing a city in Texas for violating the Due Process Clause would be difficult. Acts 2019, 86th Leg., R.S., Ch. CARRYING WEAPON ON CERTAIN PREMISES. (b) An entity described by Subsection (a) that investigates the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, which may involve human trafficking, shall submit to the attorney general a report in the manner and form prescribed by the attorney general containing the following information: (1) the offense being investigated, including a brief description of the alleged prohibited conduct; (2) regarding each person suspected of committing the offense and each victim of the offense: (iii) race or ethnicity, as defined by Article 2.132; and. 628, Sec. 686), Sec. 76, Sec. 2.211. 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. 474, Sec. Sept. 1, 1983. (B) operates autonomously through computer software or other programming. The duty to protect your life from a crazed killer? INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE. 2.132. DUTY OF MAGISTRATES. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. 1, eff. 1.01, eff. 5, eff. Art. 1695), Sec. 808 (H.B. 2.33. Added by Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. Acts 2015, 84th Leg., R.S., Ch. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. 558, Sec. She was relieved of duty last October. 4.001, eff. September 1, 2017. 469 (H.B. 93 (S.B. 950 (S.B. Officer Connie Brant has been charged with nine counts of dereliction of duty following an internal investigation, according to police. 2.02. (2) a juvenile offender detained in or committed to a correctional facility. 1341 (S.B. 2.33. 87 (S.B. 263 (S.B. 3157), Sec. 37, eff. (B) the case number associated with the offense and the person suspected of committing the offense; (3) the date, time, and location of the alleged offense; (4) the type of human trafficking involved, including: (A) forced labor or services, as defined by Section 20A.01, Penal Code; (B) causing the victim by force, fraud, or coercion to engage in prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(3), Penal Code; or. Acts 2005, 79th Leg., Ch. 2, eff. (B) a facility for the detention or placement of juveniles under juvenile court jurisdiction and that is operated wholly or partly by a juvenile board or another governmental unit or by a private vendor under a contract with the juvenile board or governmental unit. Art. 1, eff. 57, eff. 378 (S.B. 1, eff. Web4.1 Dereliction of duty on the part of any employee, detrimental to the proper performance of the functions of the Department, is cause for corrective action. 604), Sec. 911 (S.B. (e) A person may not serve as a special ranger unless: (1) the Texas and Southwestern Cattle Raisers Association submits the person's application for appointment and certification as a special ranger to the director of the Department of Public Safety and to the executive director of the Texas Commission on Law Enforcement; (2) the director of the department issues the person a certificate of authority to act as a special ranger; (3) the executive director of the commission determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health and issues the person a license as a special ranger; and. Amended by Acts 1981, 67th Leg., p. 801, ch. 3815), Sec. 2.021. (c) A school marshal is not entitled to state benefits normally provided by the state to a peace officer. (b) A law enforcement agency filing a case with the attorney representing the state shall submit to the attorney representing the state a written statement by an agency employee with knowledge of the case acknowledging that all documents, items, and information in the possession of the agency that are required to be disclosed to the defendant in the case under Article 39.14 have been disclosed to the attorney representing the state. 2. 2.138. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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. Sept. 1, 1981. June 18, 2005. Web525.12 DERELICTION OF DUTY. 1, see other Art. (c) This section shall not preclude prosecution for any other offense set out in this code. Sept. 1, 1995; Subsec. 558, Sec. 1172 (H.B. 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 September 1, 2009. 2.20. WRIT OF ATTACHMENT REPORTING. 611), Sec. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment. 2.26. (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. (a) In this article: (1) "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction. (3) a copy of each report submitted to the office under this article. Acts 2021, 87th Leg., R.S., Ch. Art. 2, see other Art. April 15, 1987. 2.30. Art. May 17, 1971; Acts 1973, 63rd Leg., p. 9, ch. 1, eff. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. 2.21. No, you can't. Sept. 1, 1985. 2.15. June 11, 1991; Acts 1991, 72nd Leg., ch. (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. 531, Sec. September 1, 2017. 1849), Sec. 378 (S.B. 2, eff. Joe Biden would be jailed for rigging an election. 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