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, HB 854 would alter the legal landscape surrounding the accountability of law enforcement in Texas. By mandating the involvement of a special prosecutor appointed by the attorney general for officer-involved injuries or deaths, the bill addresses concerns over potential conflicts of interest and provides a mechanism for fair prosecution. This could pave the way for greater public trust in the judicial process when it comes to law enforcement actions, specifically those resulting in serious outcomes.
Summary
House Bill 854 proposes a significant amendment to the Code of Criminal Procedure in Texas by introducing Article 2.081, which outlines the appointment of a special prosecutor in cases involving serious injuries or deaths caused by peace officers. The bill aims to ensure impartiality in the prosecution of offenses committed by police officers, emphasizing the need for external oversight when local prosecutors cannot objectively handle cases involving their own law enforcement personnel.
Contention
The bill may face contention related to its implications for local law enforcement agencies and the judicial system. Proponents argue that the bill is necessary to enhance accountability within police departments, a response to increasing public demand for transparency regarding police conduct. Critics, however, may raise concerns about the practicality of appointing special prosecutors, including the time frame and the availability of qualified personnel, as well as the potential strain on resources within the attorney general's office to handle these additional cases.
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 a defense to prosecution for certain assaultive offenses involving the use or exhibition of a less-lethal projectile device by a peace officer.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.
Relating to a defense to prosecution for certain assaultive offenses involving the use or exhibition of a less-lethal projectile device by a peace officer.