| 1 | 1 | | 88R9164 LRM-D |
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| 2 | 2 | | By: Schofield H.B. No. 3797 |
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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 concurrent jurisdiction of prosecuting attorneys in |
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| 8 | 8 | | adjoining districts or counties to prosecute criminal offenses |
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| 9 | 9 | | involving the election laws in this state. |
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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 273, Election Code, is amended by adding |
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| 12 | 12 | | Subchapter F to read as follows: |
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| 13 | 13 | | SUBCHAPTER F. CONCURRENT JURISDICTION OF PROSECUTING ATTORNEY IN |
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| 14 | 14 | | ADJOINING DISTRICT OR COUNTY |
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| 15 | 15 | | Sec. 273.101. DEFINITION. In this subchapter, "prosecuting |
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| 16 | 16 | | attorney" means a district attorney, criminal district attorney, or |
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| 17 | 17 | | county attorney with criminal jurisdiction. |
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| 18 | 18 | | Sec. 273.102. CONCURRENT JURISDICTION. (a) |
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| 19 | 19 | | Notwithstanding any other law, a prosecuting attorney with the |
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| 20 | 20 | | authority to prosecute a felony or misdemeanor involving the |
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| 21 | 21 | | election laws of this state in the prosecuting attorney's county or |
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| 22 | 22 | | district has, in an adjoining county or district, as applicable, |
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| 23 | 23 | | concurrent jurisdiction with the prosecuting attorney of the |
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| 24 | 24 | | adjoining county or district who prosecutes that class of offense |
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| 25 | 25 | | to prosecute an offense of that class involving the election laws of |
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| 26 | 26 | | this state. |
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| 27 | 27 | | (b) If not more than three prosecuting attorneys have |
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| 28 | 28 | | jurisdiction to prosecute an offense under Subsection (a), a |
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| 29 | 29 | | prosecuting attorney in a county or district, as applicable, |
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| 30 | 30 | | adjacent to a county or district that is adjacent to the county or |
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| 31 | 31 | | district in which the offense was committed has concurrent |
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| 32 | 32 | | jurisdiction with the prosecuting attorney in the county or |
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| 33 | 33 | | district in which the offense was committed who prosecutes that |
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| 34 | 34 | | class of offense to prosecute an offense of that class involving the |
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| 35 | 35 | | election laws of this state. |
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| 36 | 36 | | Sec. 273.103. PROSECUTION FOR SAME OFFENSE OR OFFENSE |
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| 37 | 37 | | ARISING FROM SAME CRIMINAL EPISODE PROHIBITED. After a prosecuting |
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| 38 | 38 | | attorney commences a criminal action involving the election laws of |
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| 39 | 39 | | this state, another prosecuting attorney with jurisdiction over the |
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| 40 | 40 | | matter, including concurrent jurisdiction described by Section |
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| 41 | 41 | | 273.102, may assist in prosecuting the action but may not commence a |
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| 42 | 42 | | criminal action for the same offense or another offense arising |
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| 43 | 43 | | from the same criminal episode, as defined by Section 3.01, Penal |
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| 44 | 44 | | Code. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2023. |
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