HBA-JEK H.B. 837 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 837 By: Tillery Urban Affairs 3/12/2001 Introduced BACKGROUND AND PURPOSE Current law contains provisions regarding the administrative investigation of alleged misconduct of police officers in municipalities with a population of 1.5 million or more that have adopted the provisions for municipal civil service. Dallas does not, however, have a population in excess of 1.5 million and has not adopted the provisions for municipal civil service. House Bill 837 sets forth provisions regarding the investigation of alleged misconduct by police officers in municipalities of one million or more that have not adopted the provisions for municipal civil service. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 837 amends the Local Government Code to set forth provisions relating to the investigation of certain police officers for alleged misconduct in municipalities with a population of one million or more that have not adopted the provisions for municipal civil service. H.B. 837 prohibits an investigator from interrogating a police officer other than during the police officer's normally assigned working hours unless the seriousness of the investigation requires interrogation at another time and the officer is compensated on an overtime basis. The bill prohibits the head of the police department from considering work time missed from a police officer's regular duties due to participation in an investigation in the determination of whether to impose or the degree of severity of a punitive action. It prohibits an investigator from conducting any part of an investigation or interrogation of a police officer who is the subject of an investigation at that person's home without that person's permission. It also prohibits a person who has any personal involvement regarding the alleged misconduct or who makes the ultimate decision regarding disciplinary action from conducting an investigation. The bill grants a police officer the right to inquire and be informed of the identities of each investigator participating in the officer's interrogation. The bill establishes who may be a complainant in an investigation, and sets forth procedures for written verification of a complaint by a complainant who is not a peace officer. It specifies the information that must be provided to the officer during an investigation, and sets forth provisions relating to an on-the-scene investigation, an investigation stemming from an anonymous complaint, a report made by a witness whose name is not disclosed, and the recording of an interrogation if prior notification is given. H.B. 837 prohibits an interrogation session from exceeding a reasonable length. The bill authorizes an investigator to inform an officer of but not threaten an officer with possible punitive action during the interrogation. It sets forth provisions relating to the signing and filing of any written reprimand, adverse finding, or determination regarding a police officer whose investigation does not result in punitive action. It also sets forth provisions relating to a written response by the officer who is investigated to such reprimands, findings, or determinations. The bill requires a municipality to reverse any punitive action or reprimand based on an investigation if the head of the police department or any investigator violates provisions set forth in this bill during the investigation. It prohibits information obtained during an investigation where a violation of these provisions occurs from being admitted into evidence in any proceeding against the police officer. EFFECTIVE DATE September 1, 2001.