No. CS/HB 1283
Filed under Local Government.
Complaints Against Law Enforcement and Correctional Officers; Requires copy of complaint, signed by complainant under oath, to be provided to law enforcement officers & correctional officers who are under investigation before any interrogation begins; provides exception if complaint is accompanied by corroborating evidence; prohibits certain personnel actions from being taken against law enforcement officer or correctional officer unless such officer receives copy of complaint signed by complainant under oath unless certain exception applies; requires certain investigative files to be included in officer's personnel file; prohibits investigation that does not result in imposition of disciplinary action from affecting officer's ability to receive promotion, raise, or any other commendation; requires complaint against law enforcement officer or correctional officer to be in writing & signed under oath by person filing complaint unless certain exception applies; provides penalties for making false complaint.
Plain English Summary
AI-GENERATEDBefore questioning an officer under investigation, agencies must hand over a copy of the complaint, signed by the complainant under oath, and name every complainant. If the complaint comes with corroborating evidence instead, no name or signature is required.
The same signed, sworn complaint must reach the officer before any suspension, demotion, dismissal, or other punitive personnel action takes effect, and the officer no longer has to request the investigative file to receive it.
An investigation that clears the officer still goes into the officer's personnel file, but it cannot be used to deny a promotion, raise, or other commendation.
Every complaint against an officer must now be a written statement signed under oath by the person filing it, and anyone who signs a false one faces the criminal penalties for a false sworn declaration.
AIBefore any interrogation begins, the officer under investigation must be told the names of all complainants and given a copy of the complaint itself, bearing the complainant's signature made under oath.
AIBefore suspension, demotion, dismissal, or any other action that could be considered punitive takes effect, the officer must also receive a signed copy of the complaint, subject to the same corroborating-evidence exception.
AIWhen an investigation does not lead to discipline, it cannot be used against the officer when deciding whether to promote, raise the pay of, or otherwise commend that officer.
AIA complaint against a law enforcement or correctional officer must be a written statement signed under oath by the person filing it, with the same corroborating-evidence exception, and a false complaint carries criminal penalties.
AIThe name-and-signature requirement does not apply when the complaint already comes with corroborating evidence; in that situation the officer is not told who filed it or shown a signed statement.
AIThe old rule required the officer or their representative to ask for the investigative file before disciplinary action; that request requirement is deleted, so the file must now be provided automatically.
AIThe complete investigative file the officer receives before discipline is imposed must now specifically include the signed, sworn complaint, not just the final report and evidence.
AIEven when an investigation results in no discipline, the investigative file it produced must still be placed in the officer's personnel file rather than kept separate or discarded.