| 1 | 1 | | By: Huffman, et al. S.B. No. 20 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the enforcement of criminal offenses by district |
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| 7 | 7 | | attorneys, criminal district attorneys, and county attorneys. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 87, Local Government Code, |
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| 10 | 10 | | is amended by adding Section 87.0135 to read as follows: |
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| 11 | 11 | | Sec. 87.0135. OFFICIAL MISCONDUCT GROUNDS: POLICY OF |
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| 12 | 12 | | NONENFORCEMENT OF CRIMINAL OFFENSES. (a) In this section: |
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| 13 | 13 | | (1) "Policy" includes an instruction or directive |
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| 14 | 14 | | expressed in any manner. |
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| 15 | 15 | | (2) "Prosecuting attorney" means a district attorney |
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| 16 | 16 | | or a county attorney with criminal jurisdiction. |
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| 17 | 17 | | (b) A prosecuting attorney may not adopt or enforce a policy |
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| 18 | 18 | | under which the prosecuting attorney refuses to prosecute a class |
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| 19 | 19 | | or type of criminal offense for any reason other than to comply with |
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| 20 | 20 | | an injunction, judgment, or order issued by a court. |
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| 21 | 21 | | (c) In compliance with Subsection (b), a prosecuting |
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| 22 | 22 | | attorney may not permit an attorney who is employed by or otherwise |
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| 23 | 23 | | under the direction or control of the prosecuting attorney to |
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| 24 | 24 | | refuse to prosecute a class or type of criminal offense for any |
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| 25 | 25 | | reason other than to comply with an injunction, judgment, or order |
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| 26 | 26 | | issued by a court. |
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| 27 | 27 | | (d) A prosecuting attorney who violates this section |
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| 28 | 28 | | commits official misconduct for purposes of removal under this |
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| 29 | 29 | | subchapter. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2023. |
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