Texas House Bill HB715

Texas 2021 - 87th 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

If enacted, this bill would significantly alter how certain offenses are prosecuted in Texas, especially those involving peace officers. By requiring the involvement of a special prosecutor, the bill aims to increase accountability within law enforcement and improve trust in the criminal justice system. The law enforcement agencies are mandated to report any incidents of officer-involved injuries or deaths to the attorney general promptly, thereby creating a formal process for oversight and review.

Summary

House Bill 715 seeks to amend the Code of Criminal Procedure to establish the procedure for appointing a special prosecutor by the attorney general in cases involving serious bodily injuries or deaths caused by peace officers. The bill's primary focus is to ensure that when a peace officer is involved in such an incident, the corresponding prosecuting attorney is disqualified from handling the case, thus necessitating the appointment of an outside special prosecutor. This is established to maintain objectivity in prosecuting cases that could involve potential conflicts of interest.

Contention

The primary points of contention surrounding HB 715 involve concerns about who qualifies as a special prosecutor and the potential implications for local prosecutions. Some may argue that the appointment of a special prosecutor could slow down the judicial process, while others may see it as a necessary safeguard to ensure impartiality in cases of police misconduct. Furthermore, the requirement for compliance by local law enforcement agencies within a specific timeframe may lead to debates about resource allocation and the feasibility of quick implementation within existing frameworks.