88R14453 MZM-F
By: Bettencourt S.B. No. 1968
A BILL TO BE ENTITLED
AN ACT
relating to required reporting of certain discretionary
prosecutorial decisions of prosecuting attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Government Code, is
amended by adding Section 41.0065 to read as follows:
Sec. 41.0065. REPORT TO ATTORNEY GENERAL REGARDING REFUSAL
TO PROSECUTE. (a) In this section:
(1) "Peace officer" means an individual described by
Article 2.12, Code of Criminal Procedure.
(2) "Prosecuting attorney" has the meaning assigned by
Section 41.101.
(b) If, after being presented with an affidavit sworn to by
a peace officer alleging that probable cause exists to believe a
person committed a criminal offense under Title 5 or 6, Penal Code,
or under Chapter 29, Penal Code, a prosecuting attorney refuses to
prosecute the alleged criminal offense, the prosecuting attorney
must submit a report to the attorney general that includes:
(1) any information the prosecuting attorney has
regarding the alleged criminal offense;
(2) a detailed explanation of the prosecuting
attorney's decision not to prosecute the alleged offense, including
any perceived evidentiary deficiencies in the case; and
(3) the alleged offender's criminal history.
(c) Subject to Subsection (d), at least once a month the
office of the attorney general shall post on the office's publicly
accessible Internet website information regarding each prosecuting
attorney's decision not to prosecute an offense described by
Subsection (b). The post must include:
(1) the county in which the alleged offense occurred;
(2) the type of offense alleged to have been
committed; and
(3) a short statement regarding the prosecuting
attorney's rationale for refusing to prosecute the alleged offense.
(d) Information included on the attorney general's Internet
website under Subsection (c) may not include any personally
identifying information of an alleged offender or victim.
SECTION 2. This Act takes effect September 1, 2023.