Texas Government Code - Section 411.048. Threats Against Peace Officers And Detention Officers
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§ 411.048. THREATS AGAINST PEACE OFFICERS AND DETENTION
OFFICERS. (a) In this section:
(1) "Criminal justice agency" has the meaning assigned
by Article 60.01, Code of Criminal Procedure.
(2) "Peace officer" has the meaning assigned by
Section 1.07, Penal Code.
(3) "Detention officer" means a person who is employed
to ensure the safekeeping of prisoners and the security of a
municipal or county jail.
(b) The bureau of identification and records shall
establish and maintain a central index in the law enforcement
information system maintained by the department to:
(1) collect and disseminate information relating to an
individual's expression of intent to inflict serious bodily injury
or death on a peace officer or detention officer; and
(2) alert a peace officer or detention officer of an
expression of intent to inflict serious bodily injury or death on
the officer.
(c) A criminal justice agency, after making each
determination required under Subsection (d), shall immediately
enter into the information system an electronic report of an
individual who expresses an intent to inflict serious bodily injury
or death on a peace officer or detention officer. The agency shall
enter the information in the form and manner provided by rules
adopted by the director.
(d) Before entering information collected under this
section into the information system, a criminal justice agency must
determine that the report described by Subsection (c):
(1) is not from an anonymous source; and
(2) consists of an expression of intent to inflict
serious bodily injury or death on a peace officer or detention
officer.
(e) On proper inquiry into the information system, the
department shall disseminate information collected under this
section to a criminal justice agency as reasonably necessary to
protect the safety of a peace officer or detention officer. The
criminal justice agency may use information disseminated under this
subsection in the manner provided by rules adopted by the director.
(f) The department shall promptly respond to a request to
disclose information collected under this section by an individual
who is the subject of the information.
(g) An individual who is the subject of information
collected under this section may request that the director, the
director's designee, or a court review the information to determine
whether the information complies with rules adopted by the
director. The review shall be conducted using the same procedure
for reviewing criminal information collected under Chapter 61, Code
of Criminal Procedure.
(h) A peace officer, detention officer, or criminal justice
agency is not liable for an act or omission relating to the
collection, use, or dissemination of information collected under
this section in accordance with rules adopted by the director.
(i) The director may adopt rules to implement and enforce
this section. Any rule adopted by the director under this section
must comply with the provisions of the Code of Federal Regulations,
Title 28, Part 23, as it applies to criminal intelligence systems.
Added by Acts 2001, 77th Leg., ch. 474, § 3, eff. Sept. 1, 2001.
Amended by Acts 2005, 79th Leg., ch. 557, § 1, 2, eff. Sept. 1,
2005.
Section: 411.042 411.0421 411.043 411.044 411.045 411.046 411.047 411.048 411.050 411.051 411.061 411.062 411.063 411.064 411.0645
Last modified: August 11, 2007
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