(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. DUTIES RELATED TO IMMIGRATION DETAINER REQUESTS. Art. (12) Section 43.25, Penal Code (sexual performance by a child). 531 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 3157), Sec. (a) The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later than the 10th day after the date the request is received, and in the form prescribed by the Attorney General, information in court records that relates to a criminal matter, including information requested by the Attorney General for purposes of federal habeas review. September 1, 2011. 1, eff. 2.08. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. Added by Acts 2021, 87th Leg., R.S., Ch. 2.305. Added by Acts 2011, 82nd Leg., R.S., Ch. (2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance. Sept. 1, 1981. September 1, 2015. Not later than the 30th day after the date the court clerk issues the warrant or capias, the sheriff: (1) shall report to the national crime information center each warrant or capias issued for a defendant charged with a felony who fails to appear in court when summoned; and. (g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1, eff. 2.1395. 1.01, eff. 4), Sec. Officer Connie Brant has been charged with nine counts of dereliction of duty following an internal investigation, according to police. 2472), Sec. 1. 939 (S.B. Added by Acts 2021, 87th Leg., R.S., Ch. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. 1396), Sec. May 17, 1971; Acts 1973, 63rd Leg., p. 9, ch. 1, eff. 4, eff. (c) If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing the state. (i) If a request is not received by a clerk covered by Subsection (g) before the 31st day after the date of notice, the clerk may dispose of the eligible exhibit in the manner permitted by this article, including the delivery of the eligible exhibit for disposal as surplus or salvage property as described by Subsection (f). Added by Acts 1983, 68th Leg., p. 2510, ch. 1297, Sec. 5, eff. 2, eff. May 24, 1999; added by Acts 1999, 76th Leg., ch. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 312), Sec. 1, eff. May 18, 2013. Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. 7, 2021). (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. Acts 2017, 85th Leg., R.S., Ch. 2.137. 39.02. 312 (S.B. 926 (S.B. Art. June 18, 1999; Acts 1999, 76th Leg., ch. 808 (H.B. February 24, 2023. (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. 63, eff. Acts 2017, 85th Leg., R.S., Ch. 1849), Sec. Art. September 1, 2011. 2212), Sec. (b-1) An electronically transmitted document is a written document for all purposes and exempt from any additional writing requirement under this code or any other law of this state. 988 (H.B. Sample 1. REPORT TO ATTORNEY GENERAL. 2.121. Amended by Acts 1983, 68th Leg., p. 545, ch. Art. for non-profit, educational, and government users. September 1, 2011. 2.17. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. May 24, 1977; Acts 1977, 65th Leg., p. 1082, ch. 87 (S.B. 197, Sec. 2, eff. 1, eff. 39.05. 4.01, eff. 25, eff. ADJUNCT POLICE OFFICERS. The following are peace officers: (1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (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; (4) rangers, officers, and members of the reserve officer corps commissioned by the Public Safety Commission and the Director of the Department of Public Safety; (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; (6) law enforcement agents of the Texas Alcoholic Beverage Commission; (7) each member of an arson investigating unit commissioned by a city, a county, or the state; (8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code; (9) officers commissioned by the General Services Commission; (10) law enforcement officers commissioned by the Parks and Wildlife Commission; (11) officers commissioned under Chapter 23, Transportation Code; (12) municipal park and recreational patrolmen and security officers; (13) security officers and investigators commissioned as peace officers by the comptroller; (14) officers commissioned by a water control and improvement district under Section 49.216, Water Code; (15) officers commissioned by a board of trustees under Chapter 54, Transportation Code; (16) investigators commissioned by the Texas Medical Board; (A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code; (B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code; (C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; and. 154, Sec. (b) A law enforcement agency filing a case with the attorney representing the state shall submit to the attorney representing the state a written statement by an agency employee with knowledge of the case acknowledging that all documents, items, and information in the possession of the agency that are required to be disclosed to the defendant in the case under Article 39.14 have been disclosed to the attorney representing the state. 2.273. (3) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01. 1, eff. 2.023. (e) Subsection (d) does not prevent a peace officer from: (1) conducting a separate investigation of any other alleged criminal offense; or. June 8, 2007. June 19, 2009. 2.07. 4, eff. Acts 2015, 84th Leg., R.S., Ch. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT. 618, Sec. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. (c) An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation. 4.001, eff. (e) relettered from subsec. June 17, 1997; Subsec. (a) A peace officer to whom an alleged violation of Section 31.17, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information: (3) the type of financial sight order or payment card information obtained or transferred in violation of Section 31.17, Penal Code; and. 2018), Sec. 1344 (S.B. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. (2) additional information to include in a report required by Subsection (b) or (c). A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. January 1, 2021. 2884), Sec. 1, eff. 173 (H.B. 197, Sec. COUNTY JAILERS. For text of article as added by Acts 2021, 87th Leg., R.S., Ch. The police are not required to investigate every crime that is reported to them. Acts 2009, 81st Leg., R.S., Ch. 2, eff. : r/AdviceAnimals. 686 (H.B. Location: Acts 1973, 63rd Leg., p. 883, ch. (4) the disposition of the prosecution, regardless of the manner of disposition. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. 2.06, eff. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. Art. 1, eff. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense. 549), Sec. Art. 390), Sec. 246, Sec. 4), Sec. 36.06 Obstruction or Retaliation (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) The bond may be sued on from time to time in the name of the person injured until the whole amount is recovered. 2.06. 1, eff. 1, eff. A memorial to the 19 children and two adults killed in a mass shooting May 24, 2022 at Robb Elementary School in Uvalde is seen Wednesday, Feb. 15, 2023 in front of the school. 1, eff. (c) Outside the boundaries of the tribe's reservation, a peace officer commissioned under this article is vested with all the powers, privileges, and immunities of peace officers and may arrest any person who violates any law of the state if the peace officer: (1) is summoned by another law enforcement agency to provide assistance; or. 5, eff. (e), (f) added by Acts 1995, 74th Leg., ch. (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. 915 (H.B. Amended by Acts 1999, 76th Leg., ch. 1233), Sec. June 12, 1985. Acts 2019, 86th Leg., R.S., Ch. DUTIES REGARDING MISUSED IDENTITY. 2, eff. 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). WebDereliction of duty. 681 (S.B. Added by Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Art. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 399, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. WebTEXAS POLICE DERELICTION OF DUTY - ID REFUSAL - FIRST AMENDMENT AUDIT FAIL!!! 2.121 and amended by Acts 1987, 70th Leg., ch. Dec. 4, 1986; Acts 1987, 70th Leg., ch. February 24, 2023. WRIT OF ATTACHMENT REPORTING. 1237, Sec. (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. Acts 2015, 84th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (c) Not later than the 30th day after the date of an officer-involved injury or death, the law enforcement agency employing an officer involved in the incident must complete and submit a written or electronic report, using the form created under Subsection (b), to the office of the attorney general. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1, eff. increasing citizen access. 2.19. May 23, 1973. Sec. 262, Sec. 339, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 7 (S.B. If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. 1251 (H.B. Any state dereliction of duty laws, regardless of their elements, cannot apply to President Trump 1783), Sec. (c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that: (1) the public servant has access to by means of his office or employment; and. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE. (e) A civil penalty collected under this article shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 2.122. (b) A peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a). 1, eff. 4.001, eff. 895 (H.B. 2, eff. (c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding. An offense under Subsection (a)(2) is a felony of the second degree. 2.1386. WebFor purposes of limitation, a suit on an official bond of a public officer arising from the defalcation of the officer or the misapplication or misappropriation of money by the officer is an action for debt founded on a contract in writing governed by Section 16.004, Civil Practice and Remedies Code. 2. September 1, 2017. June 11, 1991; Acts 1991, 72nd Leg., ch. September 1, 2009. 2702), Sec. Added by Acts 1995, 74th Leg., ch. Art. 2.123. The traitor Donald Trump will be tried for reality-show false opposition and dereliction of duty. Acts 2019, 86th Leg., R.S., Ch. Failure of a supervisor or commander to immediately take action when a violation of rules or regulations comes to 1.01, eff. 900, Sec. 558, Sec. 1, eff. NEGLECTING TO EXECUTE PROCESS. 287, Sec. 2212), Sec. Aug. 27, 1973; Acts 1975, 64th Leg., p. 480, ch. In addition, DUTIES OF DISTRICT ATTORNEYS. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. 2.20. Sec. (4) a procedure in which a specimen of the person's breath or blood is taken. Art. 235, Sec. 2.03, eff. 36.06 Obstruction or Retaliation (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION. 950 (S.B. 1774), Sec. (2) a juvenile offender detained in or committed to a correctional facility. 558, Sec. Termination of employment with a railroad company, or the revocation of a railroad peace officer license, shall constitute an automatic revocation of a certificate of authority to act as a railroad peace officer. (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. by KC Wildmoon. 685, Sec. Article 92 of the Uniform Code of Military Justice (UCMJ) is "Failure to Obey an Order or Regulation" (written or stated). 2.31. September 1, 2017. 1043 (H.B. Sept. 1, 1985. DUTIES OF COUNTY ATTORNEYS. 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. September 1, 2017. (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. September 1, 2017. Sept. 1, 2001. PERSON REFUSING TO AID. 85, Sec. For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 2.25. The report must include all information described in Subsection (a). It is a failure or refusal to perform assigned duties in a satisfactory For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (2) is assisting another law enforcement agency. 1, eff. (h) The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article. 1, eff. September 1, 2017. 1, eff. 69), Sec. (b) 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 in a municipality some part of the municipal limits of which are within one mile of the boundary between this state and the adjoining state and only at a time the peace officer is regularly assigned to duty in a county, parish, or municipality that adjoins this state. (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. Renumbered from Penal Code Sec. 2130), Sec. 2, eff. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. Ron DeSantis (R) of dereliction of duty over their recent transports of migrants to Democratic-led cities. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1695), Sec. (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. 2.01. 1, eff. 540 (S.B. 1011 (H.B. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a railroad peace officer. Acts 2017, 85th Leg., R.S., Ch. 2.31. (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. 795 (S.B. Acts 2009, 81st Leg., R.S., Ch. 5, eff. Art. Art. Join thousands of people who receive monthly site updates. 5.03, eff. (b) Except as provided by Subsection (c) of this article, a special ranger 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 livestock or related property. September 1, 2017. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused. 14, Sec. Joe Biden would be jailed for rigging an election. 2.04, eff. 1 to 3, eff. 3.001, eff. September 1, 2019. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (B) 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; (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: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or. 2, eff. Sept. 1, 1999. 93 (S.B. (a) In this article, "law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers. 2.124. 511), Sec. (3) is not a school whose students meet the definition provided by Section 29.916(a)(1), Education Code. 124 (H.B. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (c) This section does not preclude any symbol from being valid as a signature under other applicable law, including Section 1.201(b)(37), Business & Commerce Code. 900, Sec. He shall represent the State in cases he has prosecuted which are appealed. 11, eff. 1549), Sec. (i) This article does not affect any duty of the municipality or county to provide law enforcement services to a geographical area designated under Subsection (a) of this article. (2) conduct an investigation and file a report and the person: (A) fails to conduct the investigation or file the report; or. (b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press. (b) An offense under Subsection (a)(1) is a felony of the third degree. 1638), Sec. (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. (d) Any officer assigned to duty and commissioned under this article shall take and file the oath required of peace officers and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. LIABILITY. (a) A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person: (1) has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement; and. (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. 1, eff. 2.33. Added by Acts 2001, 77th Leg., ch. 4.07, eff. LAKE WORTH Police in North Texas released footage that showed a bystander taking down a drunken driver who caused a crash that killed an off-duty officer in 2021.. Amended by Acts 1981, 67th Leg., p. 801, ch. Sept. 1, 1995. 2, eff. 245), Sec. Notwithstanding Article 2.27, on receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code. (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. 611), Sec. September 1, 2019. 1, eff. 701, Sec. September 1, 2021. 686), Sec. 699, Sec. (a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if: (1) the amount of force exceeds that which is reasonable under the circumstances; and. HATE CRIME REPORTING. September 1, 2017. Acts 2005, 79th Leg., Ch. 1, eff. DUTY OF CLERKS. 6, Sec. Jan. 1, 1974. 341), Sec. 21.001(1), eff. 260, Sec. Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. 604), Sec. 1, eff. Sept. 1, 2003. Section 1609. 5.04, eff. Added by Acts 2007, 80th Leg., R.S., Ch. Art. 1.02, eff. RACIAL PROFILING PROHIBITED. Text of subdivision as amended by Acts 2015, 84th Leg., R.S., Ch. Art. (d) added by Acts 1999, 76th Leg., ch. 1, eff. September 1, 2009. September 1, 2007. (a) Except as provided by Subsection (b), a school marshal may: (1) make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by: (A) the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code; (B) the governing body of a private school under Section 37.0813, Education Code; or, (C) the governing board of a public junior college under Section 51.220, Education Code; and. 2.31. (c) amended by Acts 2003, 78th Leg., ch. 854, Sec. 1259), Sec. Section 3056(a) has the powers of arrest, search, and seizure as to: (1) misdemeanor offenses under the laws of this state; and. Specimen of the manner of disposition rules or regulations comes to 1.01,.... In or committed to a correctional facility prosecuted which are appealed, 1967 ; Acts 1987 70th..., 78th Leg., Ch p. 545, Ch 2001 ; Acts 1987, 70th,... 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Larry Hoppen Memorial,
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