(g) A railroad company is liable for any act or omission by a person serving as a railroad peace officer for the company that is within the person's scope of employment. REPORT AS TO PRISONERS. 1337 (S.B. (e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense. 2.1396. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2017, 85th Leg., R.S., Ch. June 12, 1985. VIOLATIONS OF THE CIVIL RIGHTS OF PERSON IN CUSTODY; IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY OR UNDER SUPERVISION. 1341 (S.B. (a) District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of counsel for the State. (B) any object that in the manner of its use or intended use is capable of causing death or serious bodily injury. 43, eff. 701, Sec. 800), Sec. 604), Sec. 4, eff. Sept. 1, 1999. 1, eff. 6, eff. (2) any criminal offense under federal law. 2.195. (2) any benefits offered or provided to a person in exchange for testimony described by Subdivision (1). 950 (S.B. 2.08, eff. 404 (S.B. Acts 1965, 59th Leg., vol. 1396), Sec. 246, Sec. A Cincinnati police officer is under investigation accused of "dereliction of duty" in relation to his handling of sexual assault allegations. 2.31. September 1, 2005. (b) A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. FAILURE TO REPORT DEATH OF PRISONER. 695, Sec. 4173), Sec. Art. June 17, 2011. June 19, 2009. For text of article as added by Acts 2021, 87th Leg., R.S., Ch. Most courts say "no," that the police have to 2.125. Acts 2017, 85th Leg., R.S., Ch. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS. 1122 (S.B. Art. SAN MARCOS, Texas A San Marcos police sergeant reported to be involved in a June 2020 fatal collision has been terminated from the police department, "Sergeant Hartmans indefinite suspension came as the result of sustained misconduct related to dereliction of duty and insubordination," Lumbreras said. Renumbered from Penal Code Sec. 882, Sec. 543, Sec. 1, eff. (5) terroristic threat under Section 22.07, Penal Code. (a) A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only: (A) the peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states; or, (B) the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state; and, (A) maintain physical custody of the inmate or defendant while transporting the inmate or defendant; or. 1 to 3, eff. (a) In a criminal proceeding, a clerk of the district or county court shall: (2) receive all exhibits at the conclusion of the proceeding; (4) accept and file electronic documents received from the defendant, if the clerk accepts electronic documents from an attorney representing the state; (5) accept and file digital multimedia evidence received from the defendant, if the clerk accepts digital multimedia evidence from an attorney representing the state; and. DISQUALIFIED. (f) An employee of the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, a juvenile facility, a local juvenile probation department, or a community supervision and corrections department established under Chapter 76, Government Code, a person other than an employee who works for compensation at a juvenile facility or local juvenile probation department, or a volunteer at a juvenile facility or local juvenile probation department commits an offense if the actor engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual who the actor knows is under the supervision of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department but not in the custody of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department. Amended by Acts 1995, 74th Leg., ch. Art. Art. 216 (H.B. Justices on the Supreme Court turned away more than a dozen lawsuits related to qualified immunity, the legal doctrine which lets police officers escape accountability for 260 (H.B. In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). (B) obtain any other information the Department of Family and Protective Services considers: (i) relevant to protect the welfare of the child; or. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1.01, eff. 10, eff. 2, eff. 772 (H.B. (2) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. 1011 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (2) while waiting for emergency medical services personnel to arrive, provide first aid or treatment to the person to the extent of the officer's skill and training. Added by Acts 2017, 85th Leg., R.S., Ch. Article 2.03 Neglect of Duty, (a) The office of the attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the office, asserting that a law enforcement agency failed to submit a report required by Article 2.139 or 2.1395. 6, eff. Art. 39.03. Added by Acts 1995, 74th Leg., ch. (a) In this section, "digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature. 1, eff. 979 (S.B. 734 (H.B. (c) Not later than March 1 of each year, the office of the attorney general shall submit a report regarding all incidents described by Subsection (a) that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. (a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state. Acts 2017, 85th Leg., R.S., Ch. 558, Sec. Added by Acts 1995, 74th Leg., ch. (h) A railroad peace officer who is a member of a railroad craft may not perform the duties of a member of any other railroad craft during a strike or labor dispute. Greg Abbott is accusing Homeland Security Alejandro Mayorkas and President Joe Biden of being in dereliction of duty for the migrant crisis at the southern border. 1, eff. Section 1609. 469 (H.B. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney. 26, eff. 918, Sec. Art. (2) may report to the national crime information center each warrant or capias issued for a defendant charged with a misdemeanor other than a Class C misdemeanor who fails to appear in court when summoned. Added by Acts 1999, 76th Leg., ch. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. 974, Sec. 2.272. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. (B) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the person's refusal but the person was unwilling to have the refusal recorded, and the peace officer or agent contemporaneously, in writing, documented the refusal; (2) the statement was not made as the result of a custodial interrogation, including a statement that was made spontaneously by the accused and not in response to a question by a peace officer; (3) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the interrogation but the recording equipment did not function, the officer or agent inadvertently operated the equipment incorrectly, or the equipment malfunctioned or stopped operating without the knowledge of the officer or agent; (4) exigent public safety concerns prevented or rendered infeasible the making of an electronic recording of the statement; or. 2.07, eff. 1, eff. 2, eff. 25, eff. 6, eff. Biden Watch October 8, 2021 Dawn De Wulf. September 1, 2017. 3389), Sec. 124), Sec. 263 (S.B. 1, eff. 5.95(90), eff. While the officer is under no legal obligation to render aid to any one individual, once that officer decides to render aid to a victim, a special relationship may be established (b) For purposes of this article, "assistance" includes investigative, technical, and administrative assistance. 1233), Sec. 1, eff. 2.134. 93 (S.B. Acts 2011, 82nd Leg., R.S., Ch. WHEN COMPLAINT IS MADE. (b) A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. 69), Sec. 1, eff. Officer Connie Brant has been charged with nine counts of dereliction of duty following an internal investigation, according to police. (b) Within the boundaries of the tribe's reservation, a peace officer commissioned under this article: (1) is vested with all the powers, privileges, and immunities of peace officers; (2) may, in accordance with Chapter 14, arrest without a warrant any person who violates a law of the state; and. (2) notify the Department of Public Safety regarding: (A) the misuse of the identifying information; (B) the actual identity of the person arrested, if known by the agency; and. 2.18. September 1, 2019. (a) In this article: (1) "Attorney representing the state" means an attorney authorized by law to represent the state in a criminal case, including a district attorney, criminal district attorney, or county attorney with criminal jurisdiction. 6.001, eff. 580 (S.B. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 2143), Sec. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. Acts 2011, 82nd Leg., R.S., Ch. (d) In this article, "eligible exhibit" means an exhibit filed with the clerk that: (2) has not been ordered by the court to be returned to its owner; and. (b) At any time during or after a criminal proceeding, the court reporter shall release for safekeeping any firearm or contraband received as an exhibit in that proceeding to: (2) in a county with a population of 500,000 or more, the law enforcement agency that collected, seized, or took possession of the firearm or contraband or produced the firearm or contraband at the proceeding. 386), Sec. Aug. 30, 1999. 4.01, eff. 979 (S.B. Cleveland Rape Crisis Center Issues Response to Cleveland Police Detective Dereliction of Duty. 4, eff. 1233), Sec. 11), Sec. 2.124. 2, eff. 107, Sec. (b) To appoint an authenticating officer under this article, the governor shall file with the secretary of state a document that contains: (1) the name of the person to be appointed as authenticating officer and a copy of the person's signature; (2) the types of documents the authenticating officer is authorized to sign for the governor; and. 563), Sec. 3791), Sec. The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable. 1, eff. Sept. 1, 1995; Subsec. Art. Any state dereliction of duty laws, regardless of their elements, cannot apply to President Trump 1, see other Art. Amended by Acts 1967, 60th Leg., p. 1733, ch. Sept. 1, 2001; Acts 2001, 77th Leg., ch. REPORTS REQUIRED FOR CERTAIN INJURIES OR DEATHS OF PEACE OFFICERS. (3) request information from the child and the other person regarding the child's safety, well-being, and current residence. 2.28. 1420, Sec. 3389), Sec. 16, Sec. 1.01, eff. Art. (A) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant without delay. Congresswoman Marjorie Taylor Greene was mocked after she mistakenly claimed that "6 billion" people illegally crossed the US border during Joe Biden 's time in the Oval Office. 312 (S.B. 580 (S.B. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. 5.03, eff. 145, eff. Sec. Acts 2017, 85th Leg., R.S., Ch. 580 (S.B. 1758), Sec. Art. September 1, 2017. 516 (H.B. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. 503, Sec. 260, Sec. 459, Sec. June 20, 2003; Acts 2003, 78th Leg., ch. WebDereliction of duty. 93 (S.B. 2212), Sec. 8), Sec. 34), Sec. 1. Art. Amended by Acts 1999, 76th Leg., ch. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. February 24, 2023. 900, Sec. Art. 2.25. September 1, 2017. Sec. ATTORNEY PRO TEM. 2.271. (b) Except as provided by Subsection (c) of this article, a railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving injury to passengers and employees of the railroad or damage to railroad property or to protect railroad property or property in the custody or control of the railroad. Acts 2011, 82nd Leg., R.S., Ch. 2.21. (b) The Texas Commission on Law Enforcement shall establish a comprehensive education and training program on eyewitness identification, including material regarding variables that affect a witness's vision and memory, practices for minimizing contamination, and effective eyewitness identification protocols. 260 (H.B. 2.127. Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Art. 5.01, eff. 841, Sec. 867), Sec. RULES. ); or. Added by Acts 2021, 87th Leg., R.S., Ch. for non-profit, educational, and government users. 1164 (H.B. 2.023. Added by Acts 2017, 85th Leg., R.S., Ch. WebTEXAS POLICE DERELICTION OF DUTY - ID REFUSAL - FIRST AMENDMENT AUDIT FAIL!!! Art. To effect this purpose, the officer shall use all lawful means. In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case. 474, Sec. In the military they'd be court martialed. 7, 2021). Their failure to not only stop the shooter from entering Robb 531, Sec. September 1, 2011. Acts 1965, 59th Leg., vol. (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall immediately and as necessary: (1) request emergency medical services personnel to provide the person with emergency medical services; and. 263 (S.B. Art. (3) "Place of detention" means a police station or other building that is a place of operation for a law enforcement agency, including a municipal police department or county sheriff's department, and is owned or operated by the law enforcement agency for the purpose of detaining persons in connection with the suspected violation of a penal law. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter. 1, eff. September 1, 2009. (b) The peace officer may temporarily detain the child or other person to ensure the safety and well-being of the child. September 1, 2011. 1070, Sec. 2.17. September 1, 2015. 1163 (H.B. 119, Sec. RAILROAD PEACE OFFICERS. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. RACIAL PROFILING PROHIBITED. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. (2) additional information to include in a report required by Subsection (b) or (c). 659, Sec. (d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to: (2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. 2.15. I'm not saying the Uvalde officers' actions could constitute a violation of the Texas statute on "neglect of duty." Aug. 29, 1977. 1251 (H.B. (d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting. 1. (a) The director of the Department of Public Safety may appoint up to 50 special rangers who are employed by the Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property. 1849), Sec. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 14.52, eff. 19.01(34), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. September 1, 2011. 911 (S.B. (2) a juvenile offender detained in or committed to a correctional facility. 2.04, eff. September 1, 2013. Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. 1172 (H.B. COUNTY JAILERS. Texas educators are pushing back against Gov. DUTIES OF COUNTY ATTORNEYS. (e) Any person commissioned under this article must: (1) meet the minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health; and. 1104, Sec. Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey. PERSON REFUSING TO AID. Acts 2017, 85th Leg., R.S., Ch. (3) is not an exhibit in another pending criminal action. Added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 333 (H.B. 1, eff. The U.S. military considers it a dereliction of duty when soldiers are unable or unwilling to perform the job assigned to military personnel. 5.0005, eff. DUTIES REGARDING MISUSED IDENTITY. If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training program provided by the sheriff, the jailer may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including: (1) a warrant under Chapter 15, 17, or 18; (3) a subpoena under Chapter 20A or 24; or. Acts 2009, 81st Leg., R.S., Ch. 2.13. 378 (S.B. Art. (h) It is an affirmative defense to prosecution under Subsection (f) that the actor was the spouse of the individual at the time of the offense. (C) 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. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and, (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 686), Sec. (d) A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer. (b-1) An attorney for the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified. (A) any place described by Section 1.07(a)(14); (B) any place or facility designated for the detention of a person suspected of violating a provision of the Immigration and Nationality Act (8 U.S.C. 1, eff. Added by Acts 1985, 69th Leg., ch. Sept. 1, 2001. 4, eff. (a), (b) amended by Acts 1999, 76th Leg., ch. 6; Acts 1991, 72nd Leg., 1st C.S., ch. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 1, eff. Aug. 31, 1987; Subsecs. (2) "Misuse" means to deal with property contrary to: (A) an agreement under which the public servant holds the property; (B) a contract of employment or oath of office of a public servant; (C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or. 549), Sec. Aug. 26, 1991. 1, eff. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. Art. Sept. 1, 1983. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. (2) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of this state, that employs peace officers who, in the routine performance of the officers' duties, conduct custodial interrogations of persons suspected of committing criminal offenses. If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction; provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case. increasing citizen access. 2, p. 317, ch. Added by Acts 2017, 85th Leg., R.S., Ch. (d) In this section, "information that has not been made public" means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code. 2. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. Acts 2021, 87th Leg., R.S., Ch. 2, eff. A peace officer may not engage in racial profiling. 1344 (S.B. 2.33. Renumbered from Penal Code Sec. The report must include: (1) the total number of officer-involved injuries or deaths; (2) a summary of the reports submitted to the office under this article; and. September 1, 2017. September 1, 2011. September 1, 2017. The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed. Original Source: (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. Web4.1 Dereliction of duty on the part of any employee, detrimental to the proper performance of the functions of the Department, is cause for corrective action. 628, Sec. 2.33. June 14, 2013. Added by Acts 2021, 87th Leg., R.S., Ch. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE. 686), Sec. Added by Acts 1999, 76th Leg., ch. Added by Acts 1979, 66th Leg., p. 1383, ch. (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall 319), Sec. 221 (H.B. 4, eff. 5, eff. SPECIAL DUTY OF DISTRICT OR COUNTY ATTORNEY RELATING TO CHILD SUPPORT. 1, eff. 341), Sec. The police do not have limitless resources. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Art. 1571), Sec. June 17, 2005. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. September 1, 2009. Amended by Acts 1983, 68th Leg., p. 3241, ch. (B) the name and address of the person to whom the child is being released. (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. 4.01, eff. 2.251. 950 (S.B. 1, eff. 3815), Sec. 684, Sec. September 1, 2017. Sept. 1, 2003. 39.02 by Acts 1993, 73rd Leg., ch. 7, Sec. Art. 16, Sec. Republican Texas Gov. Sept. 1, 1994. 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