Bill: SB 1793, 85(R) - 2017
Committee
Senate Criminal Justice
Vote Recommendation
| Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
| No |
Neutral |
Neutral |
Neutral |
Negative |
Neutral |
Author(s)
Jose Menendez
Bill Caption
Relating
to complaints filed against certain law enforcement officers, peace officers,
detention officers, county jailers, and firefighters.
Fiscal Notes
No fiscal implication to the State is anticipated.
Bill Analysis
This bill would modify the process for filing complaints against law enforcement officers and firefighters. Under current law, if a person wants to file a complaint they must file the complaint in writing and sign the document. If this bill passes, complaints would have to filed with the head of the law enforcement agency, or the head of the fire department, or with an independent entity responsible for receiving complaints. This bill specifies that any person, including law enforcement officers and firefighters may file a complaint. In addition, the complaint must be given to the officer against whom the complaint was filed within a reasonable time after filing the complaint. If this bill were to pass, disciplinary actions may not be taken unless the complaint is signed and filed, and a copy of the complaint is given to the officer or employee not later than 36 hours before the disciplinary action is taken.
Vote Recommendation Notes
This
bill violates our commitment to limited government because it is not the proper
role of state government to tell local entities how to handle a complaint
against a local employee. In addition, this bill restricts the needed
flexibility that would allow local entities to handle situations as the particular
facts of the case demand. For this bill’s role in expanding the power of state
government and imposing a one-size-fits-all procedure for handling complaints, we oppose this bill.
