Texas House Bill HB3817

Texas 2017 - 85th Regular

Caption

Relating to a waiver of the statute of limitations in the prosecution of offenses against public administration, including ethics offenses.

Impact

The implications of HB 3817 are significant for the prosecution of ethics violations and other offenses tied to public administration. By extending the time frame within which these offenses can be prosecuted, the bill aims to strengthen the legal mechanisms available to hold individuals accountable for misconduct. This could lead to more thorough investigations and prosecutions, enhancing the integrity of public office and accountability in government operations.

Summary

House Bill 3817 proposes a modification to the statute of limitations concerning the prosecution of offenses against public administration, which includes ethics offenses. Specifically, the bill allows prosecutors to pursue a waiver that can extend the statute of limitations by a maximum of two years. This waiver must be formalized in writing, clearly stating the end date of the extension and requiring signatures from both the prosecuting attorney and the defendant or their counsel. Moreover, if less than two years is added to the limitations, the prosecuting attorney may request a successive waiver based on good cause, as long as the total waivers do not exceed two years.

Contention

However, HB 3817 may invite contention regarding the potential for overreach and the impact on defendants' rights. Critics might argue that extending the statute of limitations creates an environment where individuals could face prosecution for actions long after they occurred, potentially complicating legal defenses and raising concerns about due process. The balance between ensuring accountability in public administration and protecting individual rights could be a central point of debate as the bill progresses through the legislative process.