Texas House Bill HB211

Texas 2017 - 85th 1st C.S.

Caption

Relating to the appointment by the attorney general of a special prosecutor to prosecute certain offenses that are committed by certain peace officers and that result in serious bodily injury or death.

Impact

The implementation of HB 211 is expected to enhance accountability within law enforcement agencies by ensuring that cases involving officer misconduct are prosecuted fairly and without local bias. This change could lead to greater public trust in the criminal justice system as it addresses pervasive concerns regarding the impartiality of local prosecutions in cases of police violence. However, the bill requires local law enforcement agencies to promptly report incidents to the attorney general, which may necessitate an adjustment in operational procedures for these agencies.

Summary

House Bill 211 proposes a significant amendment to the Code of Criminal Procedure in Texas by establishing a procedure for the appointment of a special prosecutor for cases involving officer-involved injuries or deaths. Specifically, the bill dictates that if a peace officer is involved in an incident leading to serious bodily injury or death, the district attorney associated with the peace officer's jurisdiction is disqualified from prosecuting the case to avoid conflicts of interest. Consequently, the attorney general will appoint a special prosecutor from an adjacent county to handle these cases, thereby ensuring an unbiased prosecution process.

Contention

While the bill has garnered support from advocates for criminal justice reform who argue it will provide necessary oversight and accountability in cases of police misconduct, there are concerns from some law enforcement representatives regarding the feasibility and potential delays caused by appointing special prosecutors. Critics also worry that this could create a bureaucratic layer that may complicate the prosecution process. Ensuring that a qualified special prosecutor is available and willing to take on these cases may pose challenges, particularly in rural areas where legal resources are limited.