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Relating to certain duties of peace officers and law enforcement agencies concerning certain information subject to disclosure to a defendant.
No fiscal implication to the State is anticipated.
SB 2114 would require a law enforcement agency that files a case with the attorney representing the state to submit to the prosecutor a written statement from an officer employed by the agency that attests that all exculpatory, impeaching, or mitigating evidence in possession of the investigating agency has been released to the state's attorney. The bill also requires that any of this evidence collected after the investigating agency files a case with the county or district attorney that is subject to discovery is also promptly turned over to the state's attorney. Law enforcement agencies would be required to turn over to prosecutors, the name of any peace officer other employee of the agency for which there has been a finding of misconduct related to state discovery law requirements. A peace officer who violates the reporting requirements of this section could be disciplined under the authority of the Texas Commission on Law Enforcement.
Texas Action supports SB 2114 as it advances the principles of personal responsibility, individual liberty and limited government. A fair and just functioning criminal justice system is a proper role of a limited government. Ensuring that law enforcement officials comply with information disclosure requirements and are held to the same standard as prosecutors are helps to guarantee a fair trail for defendants.