Pro
sper Police Department
801 Safety Way, Prosper, TX 75078 Phone: 972-347-2226
Citizen Formal Complaint Form
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**PLEASE READ FIRST AND ACKNOWLEDGE BY INITIALLING WHERE
DESIGNATED.**
Under the laws of the State of Texas-Government Code Section 614, the following statutes apply for a complaint
against a law enforcement officer or fire fighter:
Sec. 614.021. APPLICABILITY OF SUBCHAPTER. (a) Except as provided by Subsection (b), this subchapter
applies only to a complaint against:
(1) a law enforcement officer of the State of Texas, including an officer of the Department of Public Safety or of the
Texas Alcoholic Beverage Commission;
(2)
a
fire fighter who is employed by this state or a political subdivision of this state;
(3)
a
peace officer under Article 2.12
, Code of Criminal Procedure, or other law who is appointed or employed by a
political subdivision of this state; or
(4) a detention officer or county jailer who is appointed or employed by a political subdivision of this state.
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Sec. 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY COMPLAINANT. To be considered by
the head of a state agency or by the head of a fire department or local law enforcement agency, the complaint must
be:
(
1)
in
writing; and
(2)
s
igned by the person making the complaint.
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Sec. 614.023. COPY OF TO BE GIVEN TO OFFICER OR EMPLOYEE.
(
a)
A
copy of a signed complaint against a law enforcement officer of this state or a fire fighter, detention officer,
county jailer, or peace officer appointed or employed by a political subdivision of this state shall be given to the
officer or employee within a reasonable time after the complaint is filed.
(b)
D
isciplinary action may not be taken against the officer or employee unless a copy of the signed complaint i
s
gi
ven to the officer or employee.
(c) In addition to the requirement of Subsection (b), the officer or employee may not be indefinitely suspended or
terminated from employment based on the subject matter of the complaint unless:
(1
) t
he complaint is investigated; and
(2)
t
here is evidence to prove the allegation of misconduct.
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And the Texas Penal Code: Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL
INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.
(
a)
A
person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a
criminal investigation and makes the statement to:
(1)
a p
eace officer or federal special investigator conducting the investigation; or
(2)
a
ny employee of a law enforcement agency that is authorized by the agency to conduct the investigation
and that the actor knows is conducting the investigation.
