Relating to the duty of the attorney general to prosecute certain criminal offenses.
Impact
The legislation could lead to an increase in cases brought before the Attorney General's office, as it empowers them to intervene when local authorities have not acted within a six-month window after a report of probable cause has been submitted. This potentially enhances the overall enforcement of election laws and others specified under the bill while ensuring that localities remain accountable in handling serious criminal cases.
Summary
SB846 establishes a clear mandate for the Texas Attorney General to prosecute certain specified criminal offenses. These offenses include those outlined in the Election Code, Health and Safety Code, and specific sections of the Penal Code. The bill amends the Government Code by creating a new subchapter that delineates how information regarding these offenses should be submitted to the Attorney General, allowing for a streamlined process when local prosecuting attorneys are ineffective in moving cases forward. This structured approach aims to ensure accountability in prosecuting significant offenses that may otherwise be overlooked at the local level.
Contention
Concerns about this bill center on the implications for local prosecutorial discretion and authority. Critics might argue that by allowing the Attorney General to intervene in cases not acted upon by local prosecutors, the bill undermines local governance and could politicize the oversight of criminal prosecutions, especially in politically sensitive areas such as elections. The potential for increased jurisdiction of the Attorney General raises questions about balancing state and local responsibilities, particularly regarding sensitive matters impacting community trust and local control.
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.