Articles

By Bob Gorsky
Reprinted from “The Shield,” the official publication
of the Dallas Police Association
April 2007

CURRENT ISSUES AND PROPOSED LEGISLATION CLOSE TO YOUR HEART

I won’t focus on a single topic this month. Rather, I’ll scattershot about some matters that are on the DPA’s plate and in the legislature and should be of interest to DPA members:

1. The District Attorney’s “List”:
   What began in 2003 as a list maintained by the district attorney’s office of officers whose past criminal convictions and other alleged acts of misconduct were viewed to be discoverable by defense attorneys pursuant to the requirements of Brady vs. Maryland, expanded to a list of fired officers and officers involved in high profile cases. The “list” became public again earlier this year when it was the focus of a Fox 4 News story. As a result, District Attorney Craig Watkins agreed to work with the police department in an effort to pare down the criteria for the list and thus the list itself. As of this writing the final criteria and a revised list has not been made public, but we are hopeful that the time frame for convictions and the range of administrative actions reported to the district attorney’s office for posting will be significantly reduced. We have been communicating with the district attorney’s office and the police administration regarding this issue.
2. Officer Access to Vehicle Video After a Police Shooting:
   This issue arose last November after an officer was involved in a shooting incident which was captured on his police video. After that incident the department indicated that it was considering not allowing the involved officers or his attorney the opportunity to look at the video immediately after an officer-involved shooting. We believe that the officer should be able to see the video before making a statement and we are discussing this issue with the department. We are hopeful that the district attorney’s office will voice an opinion that it has no objection to an officer’s access to the video.
3. Taser Legislation:
   Several Taser bills have been introduced in the Texas legislature. Representative Garnet Coleman, D-Houston has introduced a bill (H.B. 1304) prohibiting law enforcement agencies from purchasing stun-gun devices for a year from January 2008 to January 2009. Representative Coleman’s call for a one-year moratorium on the use of tasers is based on his concern that law enforcement officers haven’t been improperly using them to subdue individuals who do not pose a serious danger to themselves or others. Representative Lon Burnam, D-Fort Worth, has filed a bill addressing the creation of a state-wide training program and requiring uniform Taser reporting. He has also filed a bill (H.B. 418) to restrict officers from using a Taser to only those cases when they would be justified in using deadly force. The DPA opposes this bill.
4. Legislature Regarding Reporting Job Separations to TCLEOSE:
   H.B. 2445 and S.B. 1395 introduced by Representative Joe Driver and Senator Tommy Williams, respectively, would further tighten the reporting of job separations to TCLEOSE, particularly affecting the characterization of honorable, general and dishonorable discharges. A law passed in the 79TH Session was designed to provide greater “tracking” of peace officers who are fired or resign from one agency and then move on to another. But the reporting scheme has also impacted those who resign or retire for legitimate personal reasons but who may find themselves being labeled in a negative manner because of the timing of their resignation or retirement. For example, an officer who happens to have an IAD investigation pending, however minor the allegation, and who chooses to resign or retire for wholly unrelated reasons is now labeled in the department’s filing with TCLEOSE as having received a “general” rather than an “honorable” discharge. The proposed legislation will have a harsh effect on those who may be charged with a crime and are fired or resign but are later cleared. It has just been brought to our attention and further study of it is needed.
5. Legislation Creating A Law Enforcement Integrity Unit:
   S.B. 1121 filed by John Carona, R-Dallas, and H.B. 3442 filed by Rafael Anchia, D-Dallas, would create a unit within the office of the attorney general to investigate “law enforcement corruption”. Perhaps there are areas of the state which need investigative help from the attorney general but I question whether Dallas needs it.

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Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Haring & Gilbert, L.L.P., 3131 McKinney Avenue, Suite 100, Dallas, Texas 75204; 214/965-0090, website: lyongorsky.com or email Bob at bgorsky@swbell.net.