| 1 | 1 | | 88R14453 MZM-F |
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| 2 | 2 | | By: Bettencourt S.B. No. 1968 |
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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 required reporting of certain discretionary |
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| 8 | 8 | | prosecutorial decisions of prosecuting attorneys. |
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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. Subchapter A, Chapter 41, Government Code, is |
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| 11 | 11 | | amended by adding Section 41.0065 to read as follows: |
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| 12 | 12 | | Sec. 41.0065. REPORT TO ATTORNEY GENERAL REGARDING REFUSAL |
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| 13 | 13 | | TO PROSECUTE. (a) In this section: |
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| 14 | 14 | | (1) "Peace officer" means an individual described by |
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| 15 | 15 | | Article 2.12, Code of Criminal Procedure. |
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| 16 | 16 | | (2) "Prosecuting attorney" has the meaning assigned by |
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| 17 | 17 | | Section 41.101. |
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| 18 | 18 | | (b) If, after being presented with an affidavit sworn to by |
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| 19 | 19 | | a peace officer alleging that probable cause exists to believe a |
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| 20 | 20 | | person committed a criminal offense under Title 5 or 6, Penal Code, |
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| 21 | 21 | | or under Chapter 29, Penal Code, a prosecuting attorney refuses to |
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| 22 | 22 | | prosecute the alleged criminal offense, the prosecuting attorney |
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| 23 | 23 | | must submit a report to the attorney general that includes: |
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| 24 | 24 | | (1) any information the prosecuting attorney has |
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| 25 | 25 | | regarding the alleged criminal offense; |
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| 26 | 26 | | (2) a detailed explanation of the prosecuting |
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| 27 | 27 | | attorney's decision not to prosecute the alleged offense, including |
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| 28 | 28 | | any perceived evidentiary deficiencies in the case; and |
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| 29 | 29 | | (3) the alleged offender's criminal history. |
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| 30 | 30 | | (c) Subject to Subsection (d), at least once a month the |
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| 31 | 31 | | office of the attorney general shall post on the office's publicly |
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| 32 | 32 | | accessible Internet website information regarding each prosecuting |
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| 33 | 33 | | attorney's decision not to prosecute an offense described by |
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| 34 | 34 | | Subsection (b). The post must include: |
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| 35 | 35 | | (1) the county in which the alleged offense occurred; |
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| 36 | 36 | | (2) the type of offense alleged to have been |
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| 37 | 37 | | committed; and |
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| 38 | 38 | | (3) a short statement regarding the prosecuting |
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| 39 | 39 | | attorney's rationale for refusing to prosecute the alleged offense. |
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| 40 | 40 | | (d) Information included on the attorney general's Internet |
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| 41 | 41 | | website under Subsection (c) may not include any personally |
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| 42 | 42 | | identifying information of an alleged offender or victim. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2023. |
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