| 1 | 1 | | 84R6574 KJE-F |
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| 2 | 2 | | By: Reynolds H.B. No. 1840 |
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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 appointment by the attorney general of a special |
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| 8 | 8 | | prosecutor to prosecute certain offenses committed that cause |
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| 9 | 9 | | serious bodily injury or death by peace officers. |
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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. APPOINTMENT OF SPECIAL PROSECUTOR FOR |
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| 14 | 14 | | OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article: |
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| 15 | 15 | | (1) "Officer-involved injury or death" means any |
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| 16 | 16 | | serious bodily injury or death caused by a peace officer acting |
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| 17 | 17 | | under the authority of the state or a political subdivision of the |
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| 18 | 18 | | state. |
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| 19 | 19 | | (2) "Prosecuting attorney" means a district attorney, |
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| 20 | 20 | | criminal district attorney, or county attorney. |
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| 21 | 21 | | (3) "Serious bodily injury" has the meaning assigned |
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| 22 | 22 | | by Section 1.07, Penal Code. |
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| 23 | 23 | | (b) A prosecuting attorney is disqualified from prosecuting |
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| 24 | 24 | | a peace officer who serves an area also served by the attorney for |
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| 25 | 25 | | any offense arising out of an officer-involved injury or death. |
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| 26 | 26 | | (c) Notwithstanding Article 2.07(a), the attorney general |
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| 27 | 27 | | shall appoint a special prosecutor to perform the duties of a |
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| 28 | 28 | | prosecuting attorney in a case for which the prosecuting attorney |
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| 29 | 29 | | is disqualified under Subsection (b). |
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| 30 | 30 | | SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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| 31 | 31 | | amended by adding Article 2.139 to read as follows: |
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| 32 | 32 | | Art. 2.139. OFFICER-INVOLVED INJURY OR DEATH. (a) In this |
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| 33 | 33 | | article: |
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| 34 | 34 | | (1) "Law enforcement agency" means an agency of the |
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| 35 | 35 | | state or an agency of a political subdivision of the state |
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| 36 | 36 | | authorized by law to employ peace officers. |
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| 37 | 37 | | (2) "Officer-involved injury or death" has the meaning |
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| 38 | 38 | | assigned by Article 2.081(a). |
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| 39 | 39 | | (b) As soon as practicable after an officer-involved injury |
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| 40 | 40 | | or death, the law enforcement agency employing the peace officer or |
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| 41 | 41 | | officers involved shall report the incident to the attorney |
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| 42 | 42 | | general. |
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| 43 | 43 | | (c) A law enforcement agency that submits a report under |
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| 44 | 44 | | Subsection (b) shall cooperate with the special prosecutor |
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| 45 | 45 | | appointed by the attorney general under Article 2.081 in the |
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| 46 | 46 | | prosecution of any offense arising out of an officer-involved |
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| 47 | 47 | | injury or death. |
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| 48 | 48 | | SECTION 3. (a) Not later than January 1, 2016, each law |
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| 49 | 49 | | enforcement agency shall comply with the requirements under Article |
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| 50 | 50 | | 2.139, Code of Criminal Procedure, as added by this Act. |
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| 51 | 51 | | (b) Article 2.081, Code of Criminal Procedure, as added by |
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| 52 | 52 | | this Act, applies only to the prosecution of an offense arising out |
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| 53 | 53 | | of an officer-involved injury or death occurring on or after |
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| 54 | 54 | | January 1, 2016. The prosecution of an offense arising out of an |
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| 55 | 55 | | officer-involved injury or death occurring before January 1, 2016, |
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| 56 | 56 | | is governed by the law in effect on the date the injury or death |
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| 57 | 57 | | occurred, and the former law is continued in effect for that |
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| 58 | 58 | | purpose. For purposes of this subsection, "officer-involved injury |
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| 59 | 59 | | or death" has the meaning assigned by Article 2.081(a), Code of |
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| 60 | 60 | | Criminal Procedure, as added by this Act. |
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| 61 | 61 | | SECTION 4. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2015. |
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