CKE(LEGAL) -

School District Peace Officers and Security Personnel

Jurisdiction

Commissioned Peace Officers

Powers and Duties

Code of Criminal Procedure
  1. In every case authorized by the Code of Criminal Procedure, interfere without warrant to prevent or suppress crime;
  2. Execute all lawful process issued to the officer by any magistrate or court;
  3. Give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
  4. Arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
  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.
Determined by the Board
  1. Has the powers, privileges, and immunities of peace officers;
  2. May enforce all laws, including municipal ordinances, county ordinances, and state laws;
  3. May take a child into custody in accordance with Chapter 52 of the Family Code [see GRA] or Article 45.058 of the Code of Criminal Procedure; and
  4. May dispose of cases in accordance with Family Code 52.03 or 52.031.

Refusal or Removal by Peace Officer

Chief of Police

Memorandum of Understanding

Training

Body-Worn Cameras

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; and
    2. The person's race or ethnicity, as stated by the person or, if the person does not state his or her 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 defined under 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 department from engaging in racial profiling;
  3. Implement a process by which an individual may file a complaint with the department if the individual believes that a peace officer employed by the department has engaged in racial profiling with respect to the individual;
  4. Provide public education relating to the department'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 department who, after an investigation, is shown to have engaged in racial profiling in violation of the department's policy adopted under this article;
  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 body injury, as defined in Penal Code 1.07, during the stop;
    5. The location of the stop; and
    6. The reason for the stop; and
  7. Require the district's chief of police 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.

Mental Health Crisis or Substance Abuse Issue

  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;
  4. The mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense; and
  5. The person is not accused of specified offenses involving intoxication.

Officer-Involved Injury or Death

Failure to Report

Bonding

Continuing Education

Complaints Against Peace Officers

Legal Representation

Notice of Exposure to Communicable Disease

School Marshals

Eligibility

  1. Completes required training; and
  2. Is psychologically fit to carry out the duties of a school marshal as indicated by the results of a required psychological examination.

Limitation on Number

Powers and Duties

Handgun Possession

  1. In the manner provided by written regulations adopted by the board; and
  2. At a specific school as specified by the board.

Accessing Handgun

Board Regulations

Locked Gun Safe

Frangible Ammunition

Inactive Status

  1. Expiration of the employee's school marshal license under Occupations Code 1701.260;
  2. Suspension or revocation of the employee's handgun license;
  3. Termination of the employee's employment with the district; or
  4. Notice from the board that the employee's services as school marshal are no longer required.

Identity Confidential

  1. The director of the Department of Public Safety;
  2. The district;
  3. The chief law enforcement officer of the local municipal law enforcement agency if the person is employed at a campus of a district located within a municipality;
  4. The sheriff of the county if the person is employed at a campus of a district that is not located within a municipality; and
  5. The chief administrator of any school district-commissioned peace officer, if the person is employed at a district that has commissioned peace officers.

Reimbursement for Training

No State Benefits

Handgun Licensees

Written Permission

School Resource Officers

Definition

  1. A police presence at a public school;
  2. Safety or drug education to students of a public school; or
  3. Other similar services.

Refusal or Removal by School Resource Officer

License Required

Firearms Accident Prevention Program

Training

Lumberton ISD

CKE(H)-P

UPDATE 109

DATE ISSUED: 10/30/2017