| 1 | 1 | | 88R14181 CJD-D |
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| 2 | 2 | | By: Jones of Harris H.B. No. 3688 |
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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 dismissal of a criminal case by the attorney |
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| 8 | 8 | | representing the state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 32.02, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 32.02. DISMISSAL BY STATE'S ATTORNEY. (a) The |
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| 13 | 13 | | attorney representing the state [State] may, by permission of the |
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| 14 | 14 | | court, dismiss a criminal action at any time upon filing a written |
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| 15 | 15 | | statement with the papers in the case. |
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| 16 | 16 | | (b) A statement of dismissal filed under this article must: |
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| 17 | 17 | | (1) [setting out his reasons for such dismissal, which |
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| 18 | 18 | | shall] be incorporated in the judgment of dismissal; and |
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| 19 | 19 | | (2) set out the attorney representing the state's |
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| 20 | 20 | | specific reasons for the dismissal, including lack of evidence or |
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| 21 | 21 | | actual innocence. |
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| 22 | 22 | | (c) If the specific reason for a dismissal set out under |
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| 23 | 23 | | Subsection (b)(2) is the misconduct of a law enforcement officer, |
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| 24 | 24 | | the attorney representing the state shall: |
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| 25 | 25 | | (1) include in the papers in the case any information |
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| 26 | 26 | | relating to the misconduct; |
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| 27 | 27 | | (2) refer the matter to the law enforcement agency |
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| 28 | 28 | | employing the officer for internal review; and |
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| 29 | 29 | | (3) consider whether the filing of a criminal charge |
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| 30 | 30 | | against the officer is appropriate or refer the matter to the |
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| 31 | 31 | | appropriate attorney representing the state for that |
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| 32 | 32 | | consideration. |
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| 33 | 33 | | (d) No case shall be dismissed under this article without |
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| 34 | 34 | | the consent of the presiding judge. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to the dismissal of a criminal action that occurs on or after the |
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| 37 | 37 | | effective date of this Act. A dismissal that occurs before the |
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| 38 | 38 | | effective date of this Act is governed by the law in effect on the |
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| 39 | 39 | | date of the dismissal, and the former law is continued in effect for |
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| 40 | 40 | | that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
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