The bill, S.B. No. 1573, introduces a limitation on the use of unsubstantiated information regarding peace officer misconduct in criminal proceedings. It amends the Code of Criminal Procedure by changing the heading of Subchapter B to focus on the powers and duties of law enforcement and attorneys representing the state. A new Subchapter C-1 is added, which defines key terms such as "attorney representing the state" and "law enforcement agency." The bill stipulates that law enforcement agencies cannot disclose allegations of misconduct against peace officers who are witnesses in criminal cases unless those allegations have been finally adjudicated as sustained.
Furthermore, the bill outlines that attorneys representing the state cannot consider unadjudicated allegations of misconduct when evaluating a peace officer's credibility. It establishes a process for peace officers to dispute reports of misconduct or determinations of credibility by filing a petition in district court. The court will then conduct a hearing to assess the validity of the allegations based on a preponderance of the evidence. If the court finds that the misconduct allegations are not supported, the attorney representing the state must disregard those allegations in their evaluation of the officer's credibility. The provisions of this bill will take effect on September 1, 2025.