PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2114
(Reference to printed bill)
Page 1, line 4, strike “appeal” insert “request for reconsideration"
Strike lines 6 through 19, insert:
“A. AT LEAST TEN DAYS BEFORE A PROSECUTING AGENCY CONSIDERS PLACING AN OFFICER’S NAME IN THE RULE 15.1 DATABASE, THE PROSECUTING AGENCY SHALL SEND A WRITTEN NOTICE BY MAIL or EMAIL TO THE OFFICER’S CURRENT OR LAST KNOWN EMPLOYMENT ADDRESS. ON RECEIPT, THE OFFICER’S CURRENT OR LAST KNOWN EMPLOYER SHALL PROVIDE THE WRITTEN NOTICE to the officer if the OFFICER’S CONTACT INFORMATION IS AVAILABLE.
B. AT A MINIMUM, THE WRITTEN NOTICE SHALL INCLUDE:
1. A NOTICE OF POSSIBLE placement in the RULE 15.1 DATABASE.
2. THE LAW ENFORCEMENT OFFICER’S RIGHT TO request a summary of the integrity issues and any relevant materials from the prosecuting agency.
3. the law enforcement officer's right to PROVIDE INPUT TO THE PROSECUTING AGENCY before THE PROSECUTING AGENCY makes A DETERMINATION OF WHETHER THE LAW ENFORCEMENT OFFICER's name SHOULD BE ADDED TO THE RULE 15.1 DATABASE.
4. THE PROSECUTING AGENCY’S PROCEDURAL REQUIREMENTS FOR A LAW ENFORCEMENT OFFICER TO PROVIDE SUCH INPUT.
5. a requirement THAT THE PROSECUTING AGENCY SEND A WRITTEN NOTICE BY MAIL or EMAIL TO THE LAW ENFORCEMENT OFFICER’S CURRENT OR LAST KNOWN EMPLOYMENT ADDRESS WHEN THE PROSECUTING AGENCY MAKES A DETERMINATION REGARDING PLACEMENT OF A LAW ENFORCEMENT OFFICER’S NAME IN THE RULE 15.1 DATABASE. On receipt, the officer's current or last known employer shall provide the written notice to the officer if the officer's contact information is available.
C. IF THE PROSECUTING AGENCY MAKES A DETERMINATION TO PLACE THE LAW ENFORCEMENT OFFICER’S NAME IN THE RULE 15.1 DATABASE, THE PROSECUTING AGENCY’S WRITTEN NOTICE REQUIRED IN SUBSECTION B, paragraph 4 of this section, SHALL INCLUDE:"
Reletter to conform
Renumber to conform
Page 1, line 20, strike “APPEAL” insert "REQUEST FOR RECONSIDERATION OF”
Lines 23 and 24, strike “APPEAL” insert “REQUEST FOR RECONSIDERATION”
Line 27, strike the first “APPEAL” insert “REQUEST A RECONSIDERATION OF”; strike the second “APPEAL” insert “REQUEST FOR RECONSIDERATION”
Line 28, strike “FIVE” and insert “TEN”
Line 29, strike “AN APPEAL” insert “A REQUEST FOR RECONSIDERATION”
Strike lines 30 and 31
Line 32, strike “APPEAL” insert “SECTION, AND THE OFFICER’S REQUEST FOR RECONSIDERATION”
Line 33, strike “MAY NOT BE PLACED IN” insert “SHALL BE REMOVED FROM"; strike “APPEAL” insert “REQUEST FOR RECONSIDERATION”
Line 34, strike “BE PLACED” insert “REMAIN”
Lines 35 and 36, strike “AN APPEAL” insert “A REQUEST FOR RECONSIDERATION”
Line 37, strike “BE PLACED” insert “REMAIN”
Line 42, after “NOTICE” insert “AT LEAST TEN DAYS BEFORE”
Line 43, strike “PLACE” insert “CONSIDER placing”
Strike line 44, insert “and THE LAW ENFORCEMENT OFFICER’S RIGHT TO PROVIDE INPUT TO THE PROSECUTING AGENCY before THE PROSECUTING AGENCY makes A DETERMINATION OF WHETHER THE LAW ENFORCEMENT OFFICER's name SHOULD BE ADDED TO THE RULE 15.1 DATABASE.
3. THE DUTY OF THE PROSECUTING AGENCY TO PROVIDE NOTICE TO THE OFFICER’S CURRENT OR LAST PLACE OF EMPLOYMENT OF THE AGENCY’S DECISION REGARDING PLACING THE OFFICER’S NAME IN THE RULE 15. 1 DATABASE.”
Renumber to conform
Page 2, line 1, strike “APPEAL” insert “REQUEST A RECONSIDERATION OF”; strike “NOTICE” insert “PLACEMENT OF THE LAW ENFORCEMENT OFFICER’S NAME IN THE RULE 15.1 DATABASE”
Lines 3 and 6, strike “APPEAL” insert “REQUEST FOR RECONSIDERATION”
Page 2, line 7, strike “THE” insert “THIS SECTION DOES NOT LIMIT THE DUTY OF A”; strike “SHALl" insert “TO”
Line 9, after the period strike remainder of line
Strike lines 10 through 12
Strike line 23
Renumber to conform
Strike lines 27 and 28
Renumber to conform
Between lines 29 and 30, insert:
"i. NOTWITHSTANDING SUBSECTION h of this section, A LAW ENFORCEMENT AGENCY IS NOT RESTRICTED IN USING THE UNDERLYING FACTS THAT WERE THE BASIS FOR PLACEMENT OF THE OFFICER’S NAME IN THE RULE 15.1 DATABASE FOR TAKING A DISCIPLINARY ACTION AGAINST THE OFFICER IN ACCORDANCE WITH THE LAW ENFORCEMENT AGENCY’S ADOPTED PROCEDURES AND GOVERNING LAW."
Reletter to conform
Amend title to conform