86R2629 KJE-F
By: Reynolds H.B. No. 215
A BILL TO BE ENTITLED
AN ACT
relating to the appointment by the attorney general of a special
prosecutor to prosecute certain offenses that are committed by
certain peace officers and that result in serious bodily injury or
death.
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) "Local law enforcement agency" means an agency of
a political subdivision of the state authorized by law to employ
peace officers.
(2) "Officer-involved injury or death" means any
serious bodily injury or death caused by a peace officer acting
under the authority of a political subdivision of the state.
(3) "Prosecuting attorney" means a district attorney,
criminal district attorney, or county attorney.
(4) "Serious bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
(b) With respect to any offense arising out of an
officer-involved injury or death, a prosecuting attorney is
disqualified from prosecuting a peace officer who is employed by a
political subdivision of this state that is also served by the
attorney.
(c) As soon as practicable after an officer-involved injury
or death, the local law enforcement agency employing the peace
officer or officers involved shall report the incident to the
attorney general.
(d) 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). Except as provided by
Subsection (e), the special prosecutor must be a duly elected
prosecuting attorney for a county that is adjacent to the county
served by the prosecuting attorney who is disqualified under
Subsection (b) from prosecuting the offense arising out of an
officer-involved injury or death.
(e) A duly elected prosecuting attorney appointed as
special prosecutor under Subsection (d) may decline the appointment
by providing written notice to the attorney general stating why it
is impracticable for the attorney to prosecute the case. If each
duly elected prosecuting attorney described by Subsection (d)
declines the appointment as permitted by this subsection, the
attorney general may appoint as special prosecutor any duly elected
prosecuting attorney who is not otherwise disqualified from
prosecuting the offense arising out of an officer-involved injury
or death.
(f) A local law enforcement agency that submits a report
under Subsection (c) shall cooperate with the special prosecutor
appointed by the attorney general under this article in the
prosecution of any offense arising out of an officer-involved
injury or death.
SECTION 2. (a) Not later than February 1, 2020, each local
law enforcement agency shall comply with the requirements under
Article 2.081, 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 commencing on or after
February 1, 2020. The prosecution of an offense arising out of an
officer-involved injury or death commencing before February 1,
2020, is governed by the law in effect on the date the prosecution
commenced, 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 3. This Act takes effect January 1, 2020, but only
if the constitutional amendment proposed by the 86th Legislature,
Regular Session, 2019, requiring the attorney general to appoint a
special prosecutor to prosecute certain offenses that are committed
by peace officers is approved by the voters. If that amendment is
not approved by the voters, this Act has no effect.