Texas House Bill HB215

Texas 2019 - 86th Regular

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

This legislation significantly alters existing prosecutorial practices by delegating the authority to appoint a special prosecutor to the attorney general. The required appointment is triggered upon a reported officer-involved injury or death, which seeks to enhance accountability and transparency in investigations of law enforcement misconduct. Local law enforcement agencies are also required to cooperate with the appointed special prosecutor, which may foster better collaboration and ensure thorough investigations are conducted.

Summary

House Bill 215 addresses the prosecution of certain offenses committed by peace officers resulting in serious bodily injury or death. The bill mandates the appointment of a special prosecutor by the attorney general for cases where a local prosecuting attorney is disqualified due to employment ties to the involved officer. This ensures that prosecutions can proceed impartially in sensitive cases, where the alleged misconduct involves law enforcement officers operating under the authority of the state.

Contention

The implementation of HB 215 may present various points of contention. Opponents may argue that the bill introduces complexity and challenges in the prosecution process, particularly if special prosecutors from adjacent counties are not well-versed in local matters. Furthermore, there may be concerns about resource allocation and the sufficiency of legal expertise available to conduct these specialized prosecutions effectively. Nonetheless, supporters view the bill as a necessary step toward building trust in the criminal justice system, especially in communities grappling with issues of police accountability.