By: Cook, et al. (Senate Sponsor - Huffman) H.B. No. 17
(In the Senate - Received from the House May 1, 2023;
May 2, 2023, read first time and referred to Committee on State
Affairs; May 17, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 3;
May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 17 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of criminal offenses by district
attorneys, criminal district attorneys, and county attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 87, Local Government Code,
is amended by adding Section 87.0135 to read as follows:
Sec. 87.0135. OFFICIAL MISCONDUCT GROUNDS: POLICY OF
NONENFORCEMENT OF CRIMINAL OFFENSES. (a) In this section:
(1) "Policy" includes an instruction or directive
expressed in any manner.
(2) "Prosecuting attorney" means a district attorney
or a county attorney with criminal jurisdiction.
(b) A prosecuting attorney may not adopt or enforce a policy
under which the prosecuting attorney refuses to prosecute a class
or type of criminal offense for any reason other than to comply with
an injunction, judgment, or order issued by a court.
(c) In compliance with Subsection (b), a prosecuting
attorney may not permit an attorney who is employed by or otherwise
under the direction or control of the prosecuting attorney to
refuse to prosecute a class or type of criminal offense for any
reason other than to comply with an injunction, judgment, or order
issued by a court.
(d) A prosecuting attorney who violates this section
commits official misconduct for purposes of removal under this
subchapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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