85R6467 MK-D
By: Buckingham S.B. No. 1293
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on requiring a gift or grant to be made to
a district or county attorney or a commissioners court as a
condition of a defendant's pretrial intervention agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Government Code, is
amended by adding Section 41.016 to read as follows:
Sec. 41.016. REQUEST FOR GIFTS AND GRANTS FOR CERTAIN
PURPOSES PROHIBITED. (a) In this section:
(1) "Pretrial intervention agreement" includes an
agreement for the dismissal or reduction of a defendant's criminal
charges.
(2) "Prosecutor" means a county attorney, district
attorney, criminal district attorney, assistant county attorney,
assistant district attorney, or assistant criminal district
attorney.
(b) A prosecutor or a commissioners court may not include as
a condition in a pretrial intervention agreement that the defendant
or a person acting on behalf of the defendant make a gift or grant to
the office or the court.
(c) Soliciting or accepting a gift or grant in connection
with a defendant's pretrial intervention agreement constitutes a
violation of Section 36.06(a)(2), Penal Code.
SECTION 2. Subchapter B, Chapter 45, Government Code, is
amended by adding Section 45.101 to read as follows:
Sec. 45.101. REQUEST FOR GIFT OR GRANT FOR CERTAIN PURPOSES
PROHIBITED. (a) For purposes of this subchapter, a county attorney
who is authorized to accept gifts or grants for the purpose of
assisting the operation of the office of county attorney may not
request or accept a gift or grant:
(1) as a condition of a defendant's pretrial
intervention agreement; or
(2) in exchange for the dismissal or reduction of
criminal charges brought against the defendant.
(b) A violation of this section constitutes a violation of
Section 36.06(a)(2), Penal Code.
SECTION 3. This Act takes effect September 1, 2017.