86R9471 JRR-F
By: Leach H.B. No. 3979
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the attorney general to investigate
and prosecute criminal offenses involving the trafficking of
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Penal Code, is amended by adding Chapter
20B to read as follows:
CHAPTER 20B. CONCURRENT JURISDICTION IN CASES INVOLVING
TRAFFICKING OF PERSONS
Sec. 20B.01. DEFINITION. In this chapter, "criminal
episode" has the meaning assigned by Section 3.01.
Sec. 20B.02. PROSECUTION BY ATTORNEY GENERAL IN
MULTIJURISDICTIONAL CASES AUTHORIZED. (a) The attorney general
may prosecute an offense under Chapter 20A if the offense or any
element of the offense:
(1) occurs in more than one county in this state;
(2) occurs in a county in this state as well as in
another state or country; or
(3) is facilitated by the use of United States mail,
e-mail, telephone, facsimile, the Internet, or a wireless
communication from:
(A) one county in this state to another county in
this state;
(B) a county in this state to another state or
country; or
(C) another state or country to a county in this
state.
(b) The attorney general may prosecute any other offense
that occurs in this state and arises out of the same criminal
episode as an offense described by Subsection (a).
(c) The attorney general may appear before a grand jury in
connection with an offense the attorney general is authorized to
prosecute under this section.
(d) The authority to prosecute prescribed by this section
does not affect the authority derived from other law to prosecute
the same offenses.
(e) If a defendant commits an offense under Chapter 20A that
is part of a criminal episode, the attorney general may consolidate
the prosecution of all offenses arising out of the same criminal
episode in any county that has venue over an offense constituting
part of that criminal episode.
Sec. 20B.03. SINGLE JURISDICTIONAL CASE: CONCURRENT
JURISDICTION WITH CONSENT OF LOCAL PROSECUTOR. With the consent of
the appropriate local county or district attorney, the attorney
general has concurrent jurisdiction with that consenting local
prosecutor to prosecute an offense under Chapter 20A and any other
offense arising out of the same criminal episode. This section does
not apply to an offense described by Section 20B.02(a).
Sec. 20B.04. SINGLE JURISDICTIONAL CASE: CONCURRENT
JURISDICTION FOLLOWING LOCAL PROSECUTOR'S RIGHT OF FIRST REFUSAL.
(a) This section does not apply to an offense described by Section
20B.02(a) or an offense for which the attorney general has
established concurrent jurisdiction under Section 20B.03.
(b) Not later than the 14th day after the date a local county
or district attorney becomes aware of conduct that may constitute
an offense under Chapter 20A, the local county or district attorney
shall notify the attorney general in writing of the conduct. The
notice provided under this subsection must describe the conduct
that may constitute an offense under Chapter 20A and must describe
or otherwise identify each person suspected at that time of having
engaged in the conduct.
(c) If a local county or district attorney described by
Subsection (b) determines that the attorney will not pursue a
criminal investigation of the applicable conduct or will not
prosecute a criminal charge in relation to that conduct, the local
county or district attorney shall notify the attorney general of
that determination not later than the 14th day after the date of the
determination. On receipt of notice under this subsection, the
attorney general may begin a criminal investigation of the
applicable conduct and may prosecute:
(1) any offense under Chapter 20A relating to the
attorney general's investigation of that conduct; and
(2) any other offense arising out of the same criminal
episode.
SECTION 2. The change in law made by this Act applies only
to the investigation and prosecution of an offense committed on or
after the effective date of this Act. The investigation and
prosecution of an offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 3. This Act takes effect September 1, 2019.