Relating to the duty of the attorney general to prosecute certain criminal offenses.
Impact
The implementation of HB1004 will impact local law enforcement and prosecutorial practices by formalizing the attorney general's authority to step in and prosecute cases that local authorities neglect to pursue. This could potentially lead to an increased number of cases being prosecuted at the state level, leading to more robust enforcement of laws designed to maintain the integrity of elections and public safety.
Summary
House Bill 1004 is an act that clarifies and enhances the duties of the attorney general regarding the prosecution of certain criminal offenses. Specifically, the bill establishes a new subchapter within the Government Code, detailing the attorney general's jurisdiction over specific criminal offenses, particularly those related to the Election Code and certain chapters of the Health and Safety Code and the Penal Code. This update aims to ensure that cases can be efficiently prosecuted when local authorities may be slow in initiating legal action.
Contention
One notable aspect of this legislation is the provision that allows the attorney general to take over cases if a local prosecutor has not acted within six months of receiving a report of probable cause from law enforcement. Critics may argue this could undermine local prosecutorial discretion and place too much power in the hands of state officials, enabling them to override local determinations of prosecutorial priorities. Supporters, however, may contend that it reinforces accountability and ensures that serious offenses, particularly related to electoral integrity, are addressed in a timely manner.
Texas Constitutional Statutes Affected
Government Code
Chapter 402. Attorney General
Section: New Section
Election Code
Chapter 273. Criminal Investigation And Other Enforcement Proceedings
Section: 021
Section: 022
Health And Safety Code
Chapter 170. Prohibited Acts Regarding Abortion
Section: New Section
Chapter 171. Abortion
Section: New Section
Penal Code
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Relating to the appointment by the attorney general of a special prosecutor to prosecute certain election offenses that are committed in an adjacent county.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.