82R7961 NAJ-D
By: Eiland H.B. No. 1537
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of criminal offenses to prosecuting
attorneys, to any failure by law enforcement agencies to properly
consider those reports, and to allegations regarding a law
enforcement officer's corruption or abuse of power.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.33 to read as follows:
Art. 2.33. REPORTING CRIMINAL OFFENSES TO PROSECUTING
ATTORNEYS. A person with knowledge of the commission of a criminal
offense under the laws of this state may report the offense to any
attorney who prosecutes criminal cases on behalf of the state. In
investigating the report, the attorney may:
(1) refer the matter to:
(A) a law enforcement agency; or
(B) a court with jurisdiction over the offense;
(2) notify the public corruption unit described by
Section 411.0207, Government Code, of any failure by a law
enforcement agency to properly consider the person's report; or
(3) pursue any other action in the attorney's
discretion.
SECTION 2. Sections 411.0207(b) and (d), Government Code,
are amended to read as follows:
(b) A public corruption unit is created within the
department to investigate and assist in the management of
allegations of corrupt activity, abuse of power, or participation
in organized criminal activity by:
(1) an individual elected, appointed, or employed to
serve as a peace officer for a governmental entity of this state
under Article 2.12, Code of Criminal Procedure; or
(2) a federal law enforcement officer while performing
duties in this state.
(d) On written approval of the director or of the chair of
the commission, the highest-ranking officer of the Texas Rangers
division of the department may initiate an investigation of an
allegation of corrupt activity, abuse of power, or participation in
organized criminal activity by a law enforcement officer described
by Subsection (b)(1). Written approval under this subsection must
be based on cause.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.