84R5226 KJE-D
By: Dutton H.B. No. 1369
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a special prosecution division in the
office of the attorney general to investigate and prosecute peace
officer misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.081 to read as follows:
Art. 2.081. DISQUALIFIED FROM PEACE OFFICER MISCONDUCT.
(a) In this article:
(1) "Peace officer misconduct" means any criminal
offense committed by a peace officer acting under the authority of
the state or a political subdivision of the state.
(2) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney.
(b) A prosecuting attorney is disqualified from the
prosecution of peace officer misconduct.
(c) Article 2.07 does not apply to the disqualification of a
prosecuting attorney under this article.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.139 to read as follows:
Art. 2.139. PEACE OFFICER MISCONDUCT REPORTS. (a) In this
article:
(1) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(2) "Peace officer misconduct" has the meaning
assigned by Article 2.081(a).
(3) "Special prosecution division" means the division
established under Section 402.038, Government Code.
(b) Not later than 48 hours after the receipt of an
allegation of peace officer misconduct, the law enforcement agency
employing the applicable peace officer or officers shall report the
allegation to the special prosecution division of the office of the
attorney general.
(c) A law enforcement agency that submits a report under
Subsection (b) shall cooperate with the special prosecution
division in the investigation and any resulting prosecution by the
division.
SECTION 3. Section 402.009, Government Code, is amended to
read as follows:
Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE
OFFICERS. The attorney general may employ and commission peace
officers as investigators for:
(1) the limited purpose of assisting the attorney
general in carrying out the duties of that office relating to
prosecution assistance and crime prevention; or
(2) the purpose of investigating offenses that the
special prosecution division is required to investigate under
Section 402.038(b).
SECTION 4. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.038 to read as follows:
Sec. 402.038. SPECIAL PROSECUTION DIVISION. (a) In this
section:
(1) "Law enforcement agency" has the meaning assigned
by Article 2.139(a), Code of Criminal Procedure.
(2) "Peace officer misconduct" and "prosecuting
attorney" have the meanings assigned by Article 2.081(a), Code of
Criminal Procedure.
(3) "Peace officer" means a person elected, employed,
or appointed as a peace officer under Article 2.12, Code of Criminal
Procedure, or other law.
(b) The attorney general shall establish the special
prosecution division to investigate peace officer misconduct
reported to the division by a law enforcement agency under Article
2.139, Code of Criminal Procedure.
(c) Only the special prosecution division may prosecute a
peace officer in a case of peace officer misconduct. In prosecuting
a case of peace officer misconduct, the division has all the powers
of a prosecuting attorney, including the power to represent the
state before a grand jury.
SECTION 5. (a) Not later than December 1, 2015, the
attorney general shall establish the special prosecution division
under Section 402.038, Government Code, as added by this Act.
(b) Not later than January 1, 2016, each law enforcement
agency shall comply with the requirements under Article 2.139, Code
of Criminal Procedure, as added by this Act.
(c) Article 2.081, Code of Criminal Procedure, as added by
this Act, and Section 402.038, Government Code, as added by this
Act, apply only to the investigation and any resulting prosecution
of peace officer misconduct commencing on or after January 1, 2016.
The investigation and any resulting prosecution of peace officer
misconduct commencing before January 1, 2016, is governed by the
law in effect on the date the investigation and any resulting
prosecution commenced, and the former law is continued in effect
for that purpose. For purposes of this subsection, "peace officer
misconduct" has the meaning assigned by Article 2.081(a), Code of
Criminal Procedure, as added by this Act.
SECTION 6. 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, 2015.