police texas crime
Retired Police Officer (still state licensed) obligation to report a crime
<p>A retired Police Officer still holds state license (former chief of police in small suburb).</p>
<p>A family member of the officer tells him of an [alleged] assault against her</p>
<p>What is the oath or sworn obligation of the retired officer to report the crime and how long do they have to report it (if they are legally required too)?</p>
<p>Please link to any state licensing site / page where it shows their obligation.</p>

<p><strong>What is the oath or sworn obligation of the retired officer to report the crime?</strong></p>
<p><strong>Short answer</strong>
Any legal obligation to report a crime depends on whether or not his license is a <em>permanent peace officer license</em>.</p>
<p><strong>Long answer</strong>
Article 2.13 of the <a href="https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2.htm" rel="nofollow noreferrer">Texas Code of Criminal Procedure</a> states that:</p>
<blockquote>
<p>(a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.</p>
<p>(b) The officer <strong>shall</strong>*:</p>
<ul>
<li><p>(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;</p>
</li>
<li><p>(2) execute all lawful process issued to the officer by any magistrate or court;</p>
</li>
<li><p>(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, <strong>where the officer has good reason to believe there has been a violation of the penal law</strong>; and</p>
</li>
<li><p>(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.</p>
</li>
</ul>
</blockquote>
<p><sub>*NOTE the use of <em>shall</em> which IMO imposes a specific duty for a positive act, whereas in England and Wales the comparable legislation uses <em>may</em> which allows for some discretion and flexibility.</sub></p>
<p>Article 2.12 of that Code defines a peace officer to include:</p>
<blockquote>
<p>(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;</p>
<p>(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;</p>
<p>(3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code...</p>
</blockquote>
<p><a href="https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1701.htm#1701" rel="nofollow noreferrer">Section 1701.307 of the Occupations Code</a> does not expressly exclude the Texas Commission on Law Enforcement from issuing a permanent peace officer license to retired officers (but it does require the recipient to satisfy certain requirements such as minimum training standards, health checks etc).  Unless he has such a license he does not appear to be under any legal obligation to report a misdemeanor.</p>
<p><strong>__________________________</strong></p>
<p>As an aside, there are three mandatory reporting laws in Texas: when <a href="https://casetext.com/statute/texas-codes/penal-code/title-8-offenses-against-public-administration/chapter-38-obstructing-governmental-operation/section-38171-failure-to-report-felony#:%7E:text=Section%2038.171%20%2D%20Failure%20To%20Report%20Felony%20(a)%20A%20person,and%20(2)%20fails%20to%20immediately" rel="nofollow noreferrer">someone observes a felony</a> resulting in serious injury or death; and when the victim of abuse or neglect is a <a href="https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm" rel="nofollow noreferrer">child</a> or <a href="https://statutes.capitol.texas.gov/Docs/HR/htm/HR.48.htm" rel="nofollow noreferrer">vulnerable adult</a> - but none appear relevant to the OP without confirmation.</p>
