Texas House Bill HB4187

Texas 2019 - 86th Regular

Caption

Relating to the reporting of certain felony offenses to prosecuting attorneys and to allegations regarding a peace officer's retaliatory action taken because of that report.

Impact

By introducing Article 2.33 to the Code of Criminal Procedure, HB4187 enhances the role of prosecuting attorneys in the investigation of felony offenses. This change signifies a shift towards empowering citizens to take a more active role in the criminal justice process, potentially leading to increased prosecutions for unreported felonies. However, the bill stipulates that attorneys are only required to investigate when specific conditions are met—namely, that a person has previously reported the offense and cooperated with law enforcement for over a year. This provision aims to ensure the seriousness of claims and avoid frivolous reports.

Summary

House Bill 4187 focuses on the reporting mechanisms for certain felony offenses, allowing individuals with knowledge of such offenses to report them directly to prosecuting attorneys. The bill specifically targets offenses that are not state jail felonies and emphasizes increased accountability and oversight in the reporting process. It establishes procedures for attorneys to investigate reports of felonies when a written report by law enforcement has not been prepared, thereby creating an avenue for victims and witnesses to seek justice directly through the legal system.

Contention

One notable point of contention regarding HB4187 is the provisions related to retaliatory actions by peace officers. The bill provides a framework for investigating allegations of retaliatory actions—such as false arrests or unjustified searches—taken against individuals who report felonies. Critics voice concerns that these changes may lead to fractious relationships between law enforcement and the communities they serve, fearing that allowing greater opportunities for reporting could prompt retaliatory behavior from some officers. Supporters of the bill argue it is a necessary step to boost public confidence in the legal system and to uphold the rights of citizens.