CHA(LEGAL) - SITE MANAGEMENT: SECURITY

Section I: College District Peace Officers

  1. Is vested with all the powers, privileges, and immunities of peace officers.
  2. May, in accordance with Code of Criminal Procedure Chapter 14 arrest without a warrant any person who violates a law of the state.
  3. May enforce all traffic laws on streets and highways.
  1. Is summoned by another law enforcement agency to provide assistance;
  2. Is assisting another law enforcement agency; or
  3. Is otherwise performing duties as a peace officer for the institution of higher education that employs the peace officer.

Motor Vehicle Stops

Reports Required

  1. A physical description of any person operating the motor vehicle who is detained as a result of the stop, including:
    1. The person's gender;
    2. The person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability;
  2. The initial reason for the stop;
  3. Whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search;
  4. Whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence;
  5. The reason for the search, including whether:
    1. Any contraband or other evidence was in plain view;
    2. Any probable cause or reasonable suspicion existed to perform the search; or
    3. The search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle;
  6. Whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged;
  7. The street address or approximate location of the stop;
  8. Whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and
  9. Whether the officer used physical force that resulted in bodily injury, as that term is defined by Penal Code 1.07 during the stop.

Civil Penalty

Racial Profiling

Prohibition

Departmental Policy Required

  1. Clearly define acts constituting racial profiling;
  2. Strictly prohibit peace officers employed by the agency from engaging in racial profiling;
  3. Implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual;
  4. Provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer;
  5. Require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this section;
  6. Require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to:
    1. The race or ethnicity of the individual detained;
    2. Whether a search was conducted and, if so, whether the individual detained consented to the search;
    3. Whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual;
    4. Whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Penal Code 1.07 during the stop;
    5. The location of the stop; and
    6. The reason for the stop; and
  7. Require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under item 6 to:
    1. TCOLE; and
    2. The governing body of each county or municipality served by the agency.

Apprehension of Certain Individuals

Diversion of Certain Individuals

  1. There is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person;
  2. It is reasonable to divert the person;
  3. The offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and
  4. The mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense.

Immigration Enforcement

Limitation on Enforcement Prohibited

  1. Adopt, enforce, or endorse a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws;
  2. As demonstrated by pattern or practice, prohibit or materially limit the enforcement of immigration laws; or
  3. For an entity that is a law enforcement agency or for a department, as demonstrated by pattern or practice, intentionally violate Code of Criminal Procedure 2.251, below.

Limitation on Peace Officer Enforcement Activity

  1. Inquiring into the immigration status of a person under a lawful detention or under arrest;
  2. With respect to information relating to the immigration status, lawful or unlawful, of any person under a lawful detention or under arrest, including information regarding the person's place of birth:
    1. Sending the information to or requesting or receiving the information from United States Citizenship and Immigration Services, United States Immigration and Customs Enforcement, or another relevant federal agency;
    2. Maintaining the information; or
    3. Exchanging the information with another local entity or campus police department or a federal or state governmental entity;
  3. Assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance; or
  4. Permitting a federal immigration officer to enter and conduct enforcement activities at a jail to enforce federal immigration laws.
Exception

Detainer Requests

  1. Comply with, honor, and fulfill any request made in the detainer request provided by the federal government; and
  2. Inform the person that the person is being held pursuant to an immigration detainer request issued by United States Immigration and Customs Enforcement.
Exception

Inquiry during a Criminal Investigation

  1. Investigate the offense; or
  2. Provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.
Exception
  1. Conducting a separate investigation of any other alleged criminal offense; or
  2. Inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense.
Community Outreach
  1. Investigate the offense; or
  2. Provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.

Discrimination Prohibited

Body-worn Cameras

Policy

  1. Guidelines for when a peace officer should activate a camera or discontinue a recording currently in progress, considering the need for privacy in certain situations and at certain locations;
  2. Provisions relating to data retention, including a provision requiring the retention of video for a minimum period of 90 days;
  3. Provisions relating to storage of video and audio, creation of backup copies of the video and audio, and maintenance of data security;
  4. Guidelines for public access, through open records requests, to recordings that are public information;
  5. Provisions entitling an officer to access any recording of an incident involving the officer before the officer is required to make a statement about the incident;
  6. Procedures for supervisory or internal review; and
  7. The handling and documenting of equipment and malfunctions of equipment.

Training

  1. Peace officers who will wear the body-worn cameras; and
  2. Any other personnel who will come into contact with video and audio data obtained from the use of body-worn cameras.

Use of Body-worn Cameras

Personal Cameras

Custodial Interrogations

  1. Penal Code 19.02 (murder);
  2. Penal Code 19.03 (capital murder);
  3. Penal Code 20.03 (kidnapping);
  4. Penal Code 20.04 (aggravated kidnapping);
  5. Penal Code 20A.02 (trafficking of persons);
  6. Penal Code 20A.03 (continuous trafficking of persons);
  7. Penal Code 21.02 (continuous sexual abuse of young child or children);
  8. Penal Code 21.11 (indecency with a child);
  9. Penal Code 21.12 (improper relationship between educator and student);
  10. Penal Code 22.011 (sexual assault);
  11. Penal Code 22.021 (aggravated sexual assault); or
  12. Penal Code 43.25 (sexual performance by a child).

Eyewitness Identification Protocols

Officer-Involved Injury or Death

Complaint Against Peace Officer

Notice of Exposure to Communicable Disease

Section II: School Marshals

Regulations

Authorization

Eligibility

Authority

Exception

Possession and Use of Handgun

  1. In the manner provided by written regulations adopted by the governing board; and
  2. At a specific public junior college campus as specified by the governing board.

Status Inactivated

  1. Expiration of the employee's school marshal license under Occupations Code 1701.260;
  2. Suspension or revocation of the employee's license to carry a concealed handgun issued under Government Code Chapter 411, Subchapter H;
  3. Termination of the employee's employment with the public junior college; or
  4. Notice from the governing board of the public junior college that the employee's services as school marshal are no longer required.

Reports to TCOLE

  1. Report to TCOLE, within seven days, when a person previously authorized to act as a school marshal is no longer employed with the appointing entity;
  2. Report to TCOLE, within seven days, when a person previously authorized to act as a school marshal is no longer authorized to do so by the appointing entity, TCOLE standards, another state agency, or under other law; and
  3. Immediately report to TCOLE a school marshal's violation of any TCOLE standard, including the discharge of a firearm carried under the authorization of 37 Administrative Code Chapter 227 outside of a training environment.

Requests for Information Regarding Marshals

Identity Confidential

No State Benefits

Records Retention

North Central Texas College

CHA(LEGAL)-LJC

UPDATE 35

DATE ISSUED: 11/21/2018