84R6574 KJE-F
By: Reynolds H.B. No. 1840
A BILL TO BE ENTITLED
AN ACT
relating to the appointment by the attorney general of a special
prosecutor to prosecute certain offenses committed that cause
serious bodily injury or death by peace officers.
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. APPOINTMENT OF SPECIAL PROSECUTOR FOR
OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article:
(1) "Officer-involved injury or death" means any
serious bodily injury or death caused 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.
(3) "Serious bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
(b) A prosecuting attorney is disqualified from prosecuting
a peace officer who serves an area also served by the attorney for
any offense arising out of an officer-involved injury or death.
(c) Notwithstanding Article 2.07(a), the attorney general
shall appoint a special prosecutor to perform the duties of a
prosecuting attorney in a case for which the prosecuting attorney
is disqualified under Subsection (b).
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.139 to read as follows:
Art. 2.139. OFFICER-INVOLVED INJURY OR DEATH. (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) "Officer-involved injury or death" has the meaning
assigned by Article 2.081(a).
(b) As soon as practicable after an officer-involved injury
or death, the law enforcement agency employing the peace officer or
officers involved shall report the incident to the attorney
general.
(c) A law enforcement agency that submits a report under
Subsection (b) shall cooperate with the special prosecutor
appointed by the attorney general under Article 2.081 in the
prosecution of any offense arising out of an officer-involved
injury or death.
SECTION 3. (a) 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.
(b) Article 2.081, Code of Criminal Procedure, as added by
this Act, applies only to the prosecution of an offense arising out
of an officer-involved injury or death occurring on or after
January 1, 2016. The prosecution of an offense arising out of an
officer-involved injury or death occurring before January 1, 2016,
is governed by the law in effect on the date the injury or death
occurred, and the former law is continued in effect for that
purpose. For purposes of this subsection, "officer-involved injury
or death" has the meaning assigned by Article 2.081(a), Code of
Criminal Procedure, as added by this Act.
SECTION 4. 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.