| 1 | 1 | | 86R2629 KJE-F |
|---|
| 2 | 2 | | By: Reynolds H.B. No. 215 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the appointment by the attorney general of a special |
|---|
| 8 | 8 | | prosecutor to prosecute certain offenses that are committed by |
|---|
| 9 | 9 | | certain peace officers and that result in serious bodily injury or |
|---|
| 10 | 10 | | death. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|---|
| 13 | 13 | | amended by adding Article 2.081 to read as follows: |
|---|
| 14 | 14 | | Art. 2.081. APPOINTMENT OF SPECIAL PROSECUTOR FOR |
|---|
| 15 | 15 | | OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article: |
|---|
| 16 | 16 | | (1) "Local law enforcement agency" means an agency of |
|---|
| 17 | 17 | | a political subdivision of the state authorized by law to employ |
|---|
| 18 | 18 | | peace officers. |
|---|
| 19 | 19 | | (2) "Officer-involved injury or death" means any |
|---|
| 20 | 20 | | serious bodily injury or death caused by a peace officer acting |
|---|
| 21 | 21 | | under the authority of a political subdivision of the state. |
|---|
| 22 | 22 | | (3) "Prosecuting attorney" means a district attorney, |
|---|
| 23 | 23 | | criminal district attorney, or county attorney. |
|---|
| 24 | 24 | | (4) "Serious bodily injury" has the meaning assigned |
|---|
| 25 | 25 | | by Section 1.07, Penal Code. |
|---|
| 26 | 26 | | (b) With respect to any offense arising out of an |
|---|
| 27 | 27 | | officer-involved injury or death, a prosecuting attorney is |
|---|
| 28 | 28 | | disqualified from prosecuting a peace officer who is employed by a |
|---|
| 29 | 29 | | political subdivision of this state that is also served by the |
|---|
| 30 | 30 | | attorney. |
|---|
| 31 | 31 | | (c) As soon as practicable after an officer-involved injury |
|---|
| 32 | 32 | | or death, the local law enforcement agency employing the peace |
|---|
| 33 | 33 | | officer or officers involved shall report the incident to the |
|---|
| 34 | 34 | | attorney general. |
|---|
| 35 | 35 | | (d) Notwithstanding Article 2.07(a), the attorney general |
|---|
| 36 | 36 | | shall appoint a special prosecutor to perform the duties of a |
|---|
| 37 | 37 | | prosecuting attorney in a case for which the prosecuting attorney |
|---|
| 38 | 38 | | is disqualified under Subsection (b). Except as provided by |
|---|
| 39 | 39 | | Subsection (e), the special prosecutor must be a duly elected |
|---|
| 40 | 40 | | prosecuting attorney for a county that is adjacent to the county |
|---|
| 41 | 41 | | served by the prosecuting attorney who is disqualified under |
|---|
| 42 | 42 | | Subsection (b) from prosecuting the offense arising out of an |
|---|
| 43 | 43 | | officer-involved injury or death. |
|---|
| 44 | 44 | | (e) A duly elected prosecuting attorney appointed as |
|---|
| 45 | 45 | | special prosecutor under Subsection (d) may decline the appointment |
|---|
| 46 | 46 | | by providing written notice to the attorney general stating why it |
|---|
| 47 | 47 | | is impracticable for the attorney to prosecute the case. If each |
|---|
| 48 | 48 | | duly elected prosecuting attorney described by Subsection (d) |
|---|
| 49 | 49 | | declines the appointment as permitted by this subsection, the |
|---|
| 50 | 50 | | attorney general may appoint as special prosecutor any duly elected |
|---|
| 51 | 51 | | prosecuting attorney who is not otherwise disqualified from |
|---|
| 52 | 52 | | prosecuting the offense arising out of an officer-involved injury |
|---|
| 53 | 53 | | or death. |
|---|
| 54 | 54 | | (f) A local law enforcement agency that submits a report |
|---|
| 55 | 55 | | under Subsection (c) shall cooperate with the special prosecutor |
|---|
| 56 | 56 | | appointed by the attorney general under this article in the |
|---|
| 57 | 57 | | prosecution of any offense arising out of an officer-involved |
|---|
| 58 | 58 | | injury or death. |
|---|
| 59 | 59 | | SECTION 2. (a) Not later than February 1, 2020, each local |
|---|
| 60 | 60 | | law enforcement agency shall comply with the requirements under |
|---|
| 61 | 61 | | Article 2.081, Code of Criminal Procedure, as added by this Act. |
|---|
| 62 | 62 | | (b) Article 2.081, Code of Criminal Procedure, as added by |
|---|
| 63 | 63 | | this Act, applies only to the prosecution of an offense arising out |
|---|
| 64 | 64 | | of an officer-involved injury or death commencing on or after |
|---|
| 65 | 65 | | February 1, 2020. The prosecution of an offense arising out of an |
|---|
| 66 | 66 | | officer-involved injury or death commencing before February 1, |
|---|
| 67 | 67 | | 2020, is governed by the law in effect on the date the prosecution |
|---|
| 68 | 68 | | commenced, and the former law is continued in effect for that |
|---|
| 69 | 69 | | purpose. For purposes of this subsection, "officer-involved injury |
|---|
| 70 | 70 | | or death" has the meaning assigned by Article 2.081(a), Code of |
|---|
| 71 | 71 | | Criminal Procedure, as added by this Act. |
|---|
| 72 | 72 | | SECTION 3. This Act takes effect January 1, 2020, but only |
|---|
| 73 | 73 | | if the constitutional amendment proposed by the 86th Legislature, |
|---|
| 74 | 74 | | Regular Session, 2019, requiring the attorney general to appoint a |
|---|
| 75 | 75 | | special prosecutor to prosecute certain offenses that are committed |
|---|
| 76 | 76 | | by peace officers is approved by the voters. If that amendment is |
|---|
| 77 | 77 | | not approved by the voters, this Act has no effect. |
|---|