Sept. 1, 1997; Acts 1999, 76th Leg., ch. 197, Sec. May 18, 2013. 272, Sec. (d) On receipt of 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 has taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes. 2.19. (b) For purposes of this article, "assistance" includes investigative, technical, and administrative assistance. (C) a "secure correctional facility" or "secure detention facility" as defined by Section 51.02, Family Code. (i) The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article. 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. 25, eff. 341), Sec. 2053), Sec. (3) may enforce all traffic laws on streets and highways. 593 (H.B. (3) state that the eligible exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice. (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. 1, eff. May 2, 2013. (b-1) added by Acts 1987, 70th Leg., ch. REPORT TO ATTORNEY GENERAL. 467 (H.B. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. (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. 43, eff. (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. Acts 2017, 85th Leg., R.S., Ch. 2, 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. 1378), Sec. September 1, 2017. we provide special support (1) "Establishment serving the public" means: (A) a hotel, motel, or other place of lodging; (B) a restaurant or other place where food is offered for sale to the public; (C) a retail business or other commercial establishment or an office building to which the general public is invited; (E) any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited. 2.272. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. It is a failure or refusal to perform assigned duties in a satisfactory September 1, 2017. (2) was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence. (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. A peace officer may not engage in racial profiling. 3, eff. 2.12. WHO ARE PEACE OFFICERS. (b) The peace officer is not required to request emergency medical services or provide first aid or treatment under Subsection (a) if: (1) making the request or providing the treatment would expose the officer or another person to a risk of bodily injury; or. 1, eff. WebIn the military they'd be court martialed. 3 min read. 2.06. 2, eff. 900, Sec. 4.01, eff. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. Acts 2005, 79th Leg., Ch. (b) An offense under this section is a Class A misdemeanor. (5) whether the officer or any other person was injured or died as a result of the incident. WebDereliction of duty is a specific offense under United States Code Title 10, Section 892, Article 92 and applies to all branches of the US military. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. 7, 2021). (a) The office of the attorney general by rule shall create a written and electronic form for the reporting by law enforcement agencies of incidents in which, while a peace officer is performing an official duty, a person who is not a peace officer discharges a firearm and causes injury or death to the officer. 2.24. June 11, 1991; Acts 1991, 72nd Leg., ch. 343), Sec. (a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. 378 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1758), Sec. 1, eff. 2.273. Sept. 1, 1999; Subsec. 686), Sec. January 1, 2021. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER SUPERVISION. 912, Sec. (f) An offense under Subsection (a)(3) is a Class C misdemeanor. 967, Sec. (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 260 (H.B. (2) inform the person that the person is being held pursuant to an immigration detainer request issued by United States Immigration and Customs Enforcement. You are required to submit a complaint form accompanied by your signature. 686), Sec. (a) The office of the attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the office, asserting that a law enforcement agency failed to submit a report required by Article 2.139 or 2.1395. 1728), Sec. COUNTY JAILERS. 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. 543), 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. November 11, 2021. 1, eff. 2.126. 601), Sec. Acts 2021, 87th Leg., R.S., Ch. 40, Sec. (9) whether the incident occurred during or as a result of: (B) a hostage, barricade, or other emergency situation. (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall Acts 2007, 80th Leg., R.S., Ch. (b) An electronically transmitted document issued or received by a court or a clerk of the court in a criminal matter is considered signed if a digital signature is transmitted with the document. Art. Sept. 1, 1994. 3201), Sec. (b) On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution under Section 242.126(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 242.135, Health and Safety Code. September 1, 2015. 1, eff. 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 September 1, 2011. February 24, 2023. (5) maintain a record regarding the child's placement, including: (A) identifying information about the child, including the child's name or pseudonyms; and. 1217, Sec. (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. 312), 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. (C) is not required to apprehend the person suspected of committing an offense. 510 (S.B. Web 606.19 DERELICTION OF DUTY. Art. FAILURE TO COMPLY WITH IMMIGRATION DETAINER REQUEST. 1.02, eff. Art. http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.03 Quick Take: Dereliction of Duty Police officers in Uvalde, Texas, failed to serve and protect Thomas M Gregg May 28, 2022 3 1 The tragic reality of lessons 183), Sec. A service member who is derelict WebFor purposes of limitation, a suit on an official bond of a public officer arising from the defalcation of the officer or the misapplication or misappropriation of money by the officer is an action for debt founded on a contract in writing governed by Section 16.004, Civil Practice and Remedies Code. June 18, 2005. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. June 17, 2005. 39.01 and amended by Acts 1993, 73rd Leg., ch. RACIAL PROFILING PROHIBITED. 580 (S.B. May 18, 2013. (c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding. 263 (S.B. 10, eff. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45. 322, Sec. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES UNDER THIS CHAPTER. 722. 2.27. Texas Negligence Laws. 39.06. 1011 (H.B. Art. ASSISTANCE OF TEXAS RANGERS. Added by Acts 2015, 84th Leg., R.S., Ch. WebIt shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon Amended by Acts 1995, 74th Leg., ch. September 1, 2011. COUNTY JAILERS. 5.03, eff. The agency or office must provide the record not later than the 10th day after the date the request is received and in the form prescribed by the Attorney General. 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 act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) September 1, 2007. June 17, 2011. Acts 2009, 81st Leg., R.S., Ch. 122), Sec. Amended by Acts 1989, 71st Leg., ch. ABUSE OF OFFICIAL CAPACITY. June 16, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. Vice President Kamala Harris accused Texas Gov. (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. May 24, 1999; Subsec. 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. (c) added by Acts 1997, 75th Leg., ch. 2.06, eff. 245), Sec. 291, Sec. (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. 2.20. Aug. 31, 1987. Sept. 1, 1995. 28, eff. September 28, 2011. ATTORNEY PRO TEM. 908 (H.B. Added by Acts 2001, 77th Leg., ch. Art. Acts 2017, 85th Leg., R.S., Ch. (2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance. 204, Sec. Acts 2017, 85th Leg., R.S., Ch. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 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. Texas educators are pushing back against Gov. (2) knowingly fails to comply with the detainer request. 69), Sec. (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. Added by Acts 2001, 77th Leg., ch. (f) For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article. 63, eff. (c) This section does not preclude any symbol from being valid as a signature under other applicable law, including Section 1.201(b)(37), Business & Commerce Code. May 29, 1999; Acts 1999, 76th Leg., ch. 469 (H.B. Sept. 1, 2001. Art. 390), Sec. 3), Sec. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). 1259), Sec. 1, eff. May 14, 2019. (g) A clerk in a county with a population of less than two million must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant before disposing of an eligible exhibit. 926 (S.B. September 1, 2019. September 1, 2015. 3, eff. 509 (S.B. 1337 (S.B. 2.04, eff. 950 (S.B. (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. (c) A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. HATE CRIME REPORTING. 2.025. (d) A person may not serve as a school marshal unless the person is: (1) licensed under Section 1701.260, Occupations Code; and. Jan. 1, 1974. RAILROAD PEACE OFFICERS. 930, Sec. (c) amended by Acts 1999, 76th Leg., ch. (g) In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. 69), Sec. 4), Sec. 98, eff. 1, eff. 2.08, eff. Added by Acts 1979, 66th Leg., p. 1383, ch. 2472), Sec. 245), Sec. 7, Sec. 158, 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. 2.127. Art. (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. (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. 6.01, eff. June 15, 2007. The traitor Donald Trump will be tried for reality-show false opposition and dereliction of duty. (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. Art. 5, eff. 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. (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, 2003. (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). Cato Policy Analyst Jay Schweikert called the Supreme Courts decision a shocking dereliction of duty that could not come at a worse time. There was simply no excuse for the Court to decline this golden opportunity to begin addressing its mistakes in creating and propagating the doctrine of qualified immunity, Schweikert said. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. 3, eff. 1251 (H.B. 378 (S.B. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Sept. 1, 1985; Acts 1986, 69th Leg., 2nd C.S., ch. 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. 1, eff. (2) conduct an investigation and file a report and the person: (A) fails to conduct the investigation or file the report; or. Art. (B) obtain any other information the Department of Family and Protective Services considers: (i) relevant to protect the welfare of the child; or. (4) the person has met all standards for certification as a peace officer by the Texas Commission on Law Enforcement. Sept. 1, 1983; Acts 1987, 70th Leg., ch. June 12, 1985. 1849), Sec. 176 (S.B. 3800), Sec. 1, eff. 628, Sec. 2, p. 317, ch. June 17, 1997; Subsec. 1, eff. 5.95(90), eff. (c) It is the duty of every officer to take possession of a child under Article 63.009(g). 1(a), eff. May 23, 1973. (b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). 1172 (H.B. 6.001, eff. Art. Art. CUSTODY OF PRISONERS. Art. 1, eff. 3 min read. Republican Texas Gov. 1, eff. (d) A special ranger is not entitled to state benefits normally provided by the state to a peace officer. CARRYING WEAPON ON CERTAIN PREMISES. September 1, 2017. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS. 62, Sec. Art. SCHOOL MARSHALS. (a) This article applies only to a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d): (1) received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. 950 (S.B. In this subsection, "National Forest System" has the meaning assigned by 16 U.S.C. 717, Sec. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. (b) Not later than the 10th day after the date that a defendant described by Subsection (a) is indicted for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), the attorney representing the state shall notify an officer designated by the Texas Department of Criminal Justice of the offense charged in the indictment. 2.1305. 2.01, eff. 915 (H.B. Section 1609. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (b) An attorney representing the state shall track: (1) the use of testimony of a person to whom a defendant made a statement against the defendant's interest while the person was imprisoned or confined in the same correctional facility as the defendant, if known by the attorney representing the state, regardless of whether the testimony is presented at trial; and. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 1, eff. 2.138. Art. Section 1c(a). (e) Any person commissioned under this article must: (1) meet the minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health; and. For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office. A Columbus police officer who investigated serious injury and fatal crashes has been charged criminally with nine misdemeanor counts of dereliction of duty. 1. 2.31. Art. 1, eff. September 1, 2011. Art. 927, Sec. (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. 2. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 6.01, eff. 2, eff. 1341 (S.B. 312 (S.B. 9), Sec. (d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to: (2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. Khattar suspends two civic officers for dereliction of duty . Acts 1965, 59th Leg., vol. Acts 2015, 84th Leg., R.S., Ch. 1344 (S.B. 1, eff. 2.31. Renumbered from Penal Code Sec. (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. (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. 6, Sec. Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. 260 (H.B. The form must include spaces to report only the following information: (3) the age, gender, and race or ethnicity of each injured or deceased peace officer involved in the incident; (4) if known, the age, gender, and race or ethnicity of each person who discharged a firearm and caused injury or death to a peace officer involved in the incident; and. Art. Any state dereliction of duty laws, regardless of their elements, cannot apply to President Trump Art. 722. 1. by KC Wildmoon. 245), Sec. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2017. 2.26. 1.05(d), eff. Art. 1, eff. 1. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. 1, eff. 69), Sec. 2.05, eff. (a), (b) amended by Acts 1999, 76th Leg., ch. A peace officer described by this subsection may also as part of the officer's powers in this state enforce the ordinances of a Texas municipality described by this subsection but only after the governing body of the municipality authorizes that enforcement by majority vote at an open meeting. 11), Sec. 578 (S.B. Art. 2884), Sec. 558, Sec. 5, eff. CONSERVATOR OF THE PEACE. 1144 (S.B. Acts 2019, 86th Leg., R.S., Ch. 209 (H.B. 1276, Sec. (f) For good cause, the chief of police or sheriff may revoke a certificate of authority issued under this article. 1, eff. 882, Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 19, Sec. 2, eff. 950 (S.B. 604), Sec. Acts 2017, 85th Leg., R.S., Ch. 863, Sec. 2.06, eff. September 1, 2021. 1122 (S.B. 8, eff. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense. (d) Not later than the fifth day after the date of receipt of a report submitted under Subsection (c), the office of the attorney general shall post a copy of the report on the office's Internet website. 3.088, eff. Art. (B) fails to include in the report facts known to the person or discovered by the person in the investigation. September 1, 2017. (3) is inhabited primarily by students or employees of the private institution. Acts 1965, 59th Leg., vol. 2.251. 1303), Sec. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. 2702), Sec. September 1, 2015. On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and, (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and. Acts 2009, 81st Leg., R.S., Ch. (a) An official of a correctional facility or juvenile facility, an employee of a correctional facility or juvenile facility, a person other than an employee who works for compensation at a correctional facility or juvenile facility, a volunteer at a correctional facility or juvenile facility, or a peace officer commits an offense if the person intentionally: (1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or. Added by Acts 2017, 85th Leg., R.S., Ch. 1849), Sec. A more common scenario is can a victim sue the police department for failing to protect him/her. (3) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01. Sept. 1, 1999. DUTIES OF COUNTY ATTORNEYS. Aug. 31, 1987; Acts 1987, 70th Leg., ch. September 1, 2009. 85 (S.B. 4.02, eff. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 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