| 1 | 1 | | 86R14303 MEW-F |
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| 2 | 2 | | By: Middleton H.B. No. 4187 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the reporting of certain felony offenses to prosecuting |
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| 8 | 8 | | attorneys and to allegations regarding a peace officer's |
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| 9 | 9 | | retaliatory action taken because of that report. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.33 to read as follows: |
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| 13 | 13 | | Art. 2.33. REPORTING CRIMINAL OFFENSES TO PROSECUTING |
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| 14 | 14 | | ATTORNEYS. (a) A person with knowledge of the commission of a |
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| 15 | 15 | | felony offense other than a state jail felony under the laws of this |
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| 16 | 16 | | state may report the offense to any attorney who prosecutes |
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| 17 | 17 | | criminal cases on behalf of the state. |
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| 18 | 18 | | (b) Subject to Subsection (c), if a peace officer in this |
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| 19 | 19 | | state has not prepared a written report relating to the offense |
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| 20 | 20 | | reported under Subsection (a), the attorney shall investigate the |
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| 21 | 21 | | report under Subsection (a) and may refer the matter to: |
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| 22 | 22 | | (1) a law enforcement agency; or |
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| 23 | 23 | | (2) a court with jurisdiction over the offense. |
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| 24 | 24 | | (c) An attorney to whom a report of the commission of an |
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| 25 | 25 | | offense is made under Subsection (a) is required to investigate the |
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| 26 | 26 | | report only if the person making the report demonstrates that: |
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| 27 | 27 | | (1) the person previously reported the offense to law |
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| 28 | 28 | | enforcement more than one year before the date of the report under |
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| 29 | 29 | | Subsection (a); and |
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| 30 | 30 | | (2) following the report to law enforcement under |
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| 31 | 31 | | Subdivision (1), the person diligently cooperated with law |
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| 32 | 32 | | enforcement in investigating the offense for a period of not less |
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| 33 | 33 | | than one year. |
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| 34 | 34 | | SECTION 2. Section 411.0207, Government Code, is amended by |
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| 35 | 35 | | amending Subsection (a) and adding Subsection (c-1) to read as |
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| 36 | 36 | | follows: |
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| 37 | 37 | | (a) In this section: |
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| 38 | 38 | | (1) "Organized [, "organized] criminal activity" |
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| 39 | 39 | | means conduct that constitutes an offense under Section 71.02, |
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| 40 | 40 | | Penal Code. |
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| 41 | 41 | | (2) "Retaliatory action" incudes the filing of |
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| 42 | 42 | | criminal charges, the seizure of property, or the arrest or search |
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| 43 | 43 | | of an individual without probable cause. |
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| 44 | 44 | | (c-1) The unit may investigate an allegation of a |
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| 45 | 45 | | retaliatory action taken by an individual elected, appointed, or |
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| 46 | 46 | | employed as a peace officer for a governmental entity against a |
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| 47 | 47 | | person because the person made a report under Article 2.33(a), Code |
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| 48 | 48 | | of Criminal Procedure. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2019. |
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