| 1 | 1 | | 84R5226 KJE-D |
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| 2 | 2 | | By: Dutton H.B. No. 1369 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of a special prosecution division in the |
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| 8 | 8 | | office of the attorney general to investigate and prosecute peace |
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| 9 | 9 | | officer misconduct. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.081 to read as follows: |
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| 13 | 13 | | Art. 2.081. DISQUALIFIED FROM PEACE OFFICER MISCONDUCT. |
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| 14 | 14 | | (a) In this article: |
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| 15 | 15 | | (1) "Peace officer misconduct" means any criminal |
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| 16 | 16 | | offense committed by a peace officer acting under the authority of |
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| 17 | 17 | | the state or a political subdivision of the state. |
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| 18 | 18 | | (2) "Prosecuting attorney" means a district attorney, |
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| 19 | 19 | | criminal district attorney, or county attorney. |
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| 20 | 20 | | (b) A prosecuting attorney is disqualified from the |
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| 21 | 21 | | prosecution of peace officer misconduct. |
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| 22 | 22 | | (c) Article 2.07 does not apply to the disqualification of a |
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| 23 | 23 | | prosecuting attorney under this article. |
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| 24 | 24 | | SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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| 25 | 25 | | amended by adding Article 2.139 to read as follows: |
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| 26 | 26 | | Art. 2.139. PEACE OFFICER MISCONDUCT REPORTS. (a) In this |
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| 27 | 27 | | article: |
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| 28 | 28 | | (1) "Law enforcement agency" means an agency of the |
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| 29 | 29 | | state or an agency of a political subdivision of the state |
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| 30 | 30 | | authorized by law to employ peace officers. |
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| 31 | 31 | | (2) "Peace officer misconduct" has the meaning |
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| 32 | 32 | | assigned by Article 2.081(a). |
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| 33 | 33 | | (3) "Special prosecution division" means the division |
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| 34 | 34 | | established under Section 402.038, Government Code. |
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| 35 | 35 | | (b) Not later than 48 hours after the receipt of an |
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| 36 | 36 | | allegation of peace officer misconduct, the law enforcement agency |
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| 37 | 37 | | employing the applicable peace officer or officers shall report the |
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| 38 | 38 | | allegation to the special prosecution division of the office of the |
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| 39 | 39 | | attorney general. |
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| 40 | 40 | | (c) A law enforcement agency that submits a report under |
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| 41 | 41 | | Subsection (b) shall cooperate with the special prosecution |
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| 42 | 42 | | division in the investigation and any resulting prosecution by the |
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| 43 | 43 | | division. |
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| 44 | 44 | | SECTION 3. Section 402.009, Government Code, is amended to |
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| 45 | 45 | | read as follows: |
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| 46 | 46 | | Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE |
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| 47 | 47 | | OFFICERS. The attorney general may employ and commission peace |
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| 48 | 48 | | officers as investigators for: |
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| 49 | 49 | | (1) the limited purpose of assisting the attorney |
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| 50 | 50 | | general in carrying out the duties of that office relating to |
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| 51 | 51 | | prosecution assistance and crime prevention; or |
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| 52 | 52 | | (2) the purpose of investigating offenses that the |
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| 53 | 53 | | special prosecution division is required to investigate under |
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| 54 | 54 | | Section 402.038(b). |
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| 55 | 55 | | SECTION 4. Subchapter B, Chapter 402, Government Code, is |
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| 56 | 56 | | amended by adding Section 402.038 to read as follows: |
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| 57 | 57 | | Sec. 402.038. SPECIAL PROSECUTION DIVISION. (a) In this |
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| 58 | 58 | | section: |
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| 59 | 59 | | (1) "Law enforcement agency" has the meaning assigned |
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| 60 | 60 | | by Article 2.139(a), Code of Criminal Procedure. |
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| 61 | 61 | | (2) "Peace officer misconduct" and "prosecuting |
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| 62 | 62 | | attorney" have the meanings assigned by Article 2.081(a), Code of |
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| 63 | 63 | | Criminal Procedure. |
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| 64 | 64 | | (3) "Peace officer" means a person elected, employed, |
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| 65 | 65 | | or appointed as a peace officer under Article 2.12, Code of Criminal |
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| 66 | 66 | | Procedure, or other law. |
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| 67 | 67 | | (b) The attorney general shall establish the special |
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| 68 | 68 | | prosecution division to investigate peace officer misconduct |
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| 69 | 69 | | reported to the division by a law enforcement agency under Article |
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| 70 | 70 | | 2.139, Code of Criminal Procedure. |
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| 71 | 71 | | (c) Only the special prosecution division may prosecute a |
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| 72 | 72 | | peace officer in a case of peace officer misconduct. In prosecuting |
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| 73 | 73 | | a case of peace officer misconduct, the division has all the powers |
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| 74 | 74 | | of a prosecuting attorney, including the power to represent the |
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| 75 | 75 | | state before a grand jury. |
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| 76 | 76 | | SECTION 5. (a) Not later than December 1, 2015, the |
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| 77 | 77 | | attorney general shall establish the special prosecution division |
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| 78 | 78 | | under Section 402.038, Government Code, as added by this Act. |
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| 79 | 79 | | (b) Not later than January 1, 2016, each law enforcement |
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| 80 | 80 | | agency shall comply with the requirements under Article 2.139, Code |
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| 81 | 81 | | of Criminal Procedure, as added by this Act. |
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| 82 | 82 | | (c) Article 2.081, Code of Criminal Procedure, as added by |
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| 83 | 83 | | this Act, and Section 402.038, Government Code, as added by this |
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| 84 | 84 | | Act, apply only to the investigation and any resulting prosecution |
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| 85 | 85 | | of peace officer misconduct commencing on or after January 1, 2016. |
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| 86 | 86 | | The investigation and any resulting prosecution of peace officer |
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| 87 | 87 | | misconduct commencing before January 1, 2016, is governed by the |
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| 88 | 88 | | law in effect on the date the investigation and any resulting |
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| 89 | 89 | | prosecution commenced, and the former law is continued in effect |
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| 90 | 90 | | for that purpose. For purposes of this subsection, "peace officer |
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| 91 | 91 | | misconduct" has the meaning assigned by Article 2.081(a), Code of |
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| 92 | 92 | | Criminal Procedure, as added by this Act. |
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| 93 | 93 | | SECTION 6. This Act takes effect immediately if it receives |
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| 94 | 94 | | a vote of two-thirds of all the members elected to each house, as |
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| 95 | 95 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 96 | 96 | | Act does not receive the vote necessary for immediate effect, this |
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| 97 | 97 | | Act takes effect September 1, 2015. |
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