Texas Senate Bill SB378

Texas 2023 - 88th Regular

• Filed: 1/10/23

Caption

Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.

Impact

The bill impacts state laws by amending the Government Code to incorporate strict guidelines for prosecutorial conduct. One of the key changes is the introduction of civil penalties ranging from $1,000 to as much as $25,500 for subsequent violations. Furthermore, the attorney general is given the authority to pursue injunctive relief against any prosecutor who fails to comply with the enforcement standards set in the bill. This shift not only centralizes enforcement accountability but also significantly alters the prosecutorial discretion traditionally afforded to local authorities.

Summary

Senate Bill 378 establishes new regulations around how district attorneys, criminal district attorneys, and county attorneys enforce criminal offenses in Texas. Specifically, the bill prohibits these prosecuting attorneys from adopting policies that prevent or limit the enforcement of any criminal law. This policy aims to ensure that all criminal offenses are enforced uniformly across Texas and to eliminate any personal or political biases in enforcement decisions. The bill also sets forth civil penalties for prosecutors found to be in violation of this directive, imposing fines and potential removal from office for repeated infractions.

Sentiment

The sentiment surrounding SB 378 is mixed, with supporters arguing that it promotes justice and equality in legal enforcement, ensuring no individual or group is exempt from accountability under the law. However, critics express concerns that this bill could undermine local governance and limit the ability of prosecutors to adapt their enforcement strategies to the specific needs and circumstances of their communities. The debate reflects broader tensions surrounding state control versus local autonomy in legal matters.

Contention

Notable points of contention include the potential for the bill to limit the discretion of local prosecutors to address unique community issues effectively. Opponents argue that mandates from the state may not consider the diverse legal environments in different areas, which could lead to an inflexible and overly punitive approach to criminal justice. Additionally, the possibility of removing an attorney from office for enforcement policy decisions raises questions about the balance of power between state and local officials.

Texas Constitutional Statutes Affected

Government Code

• Chapter 41. General Provisions
  • Section: New Section