88R8366 MZM-D
By: West S.B. No. 839
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a witness protection unit of the Texas
Rangers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter B-2 to read as follows:
SUBCHAPTER B-2. WITNESS PROTECTION UNIT
Sec. 411.0281. In this subchapter:
(1) "Prosecuting attorney" has the meaning assigned
under Section 411.0251.
(2) "Unit" and "witness protection unit" mean the
witness protection unit established under Section 411.0282.
Sec. 411.0282. ESTABLISHMENT OF UNIT. The Texas Rangers
division of the department shall establish and support a witness
protection unit.
Sec. 411.0283. PURPOSE AND DUTIES. (a) On receiving a
request from a prosecuting attorney or a prosecuting attorney's
designee qualified under Section 411.0286(b) to make such a
request, the unit may provide for the relocation or other
protection of:
(1) a witness or prospective witness in a criminal
case in this state:
(A) for an offense punishable as a first degree
or capital felony; or
(B) in which the witness or prospective witness
is likely to be subject to obstruction or retaliation under Section
36.06, Penal Code, as determined by the unit; or
(2) a family member or person otherwise closely
associated with a witness or prospective witness described by
Subdivision (1), if the unit determines that the family member or
person may be in danger of harm as a result of the witness's or
prospective witness's participation in the criminal case.
(b) The department may adopt rules necessary for the
establishment and administration of the unit, including rules
relating to:
(1) the types of cases for which the unit may protect a
witness or prospective witness;
(2) the process the unit will use to approve a request
for witness protection;
(3) the types of protection services the unit will
offer; and
(4) protocols that ensure the confidentiality and
security of witness information.
Sec. 411.0284. GIFTS, GRANTS, AND DONATIONS. The
department may solicit and accept gifts, grants, and donations from
any source for the purpose of implementing this subchapter.
Sec. 411.0285. IMMUNITY FROM LIABILITY. The Texas Rangers,
the department, or another authorized agent of the unit is not
liable for damages resulting from witness protection provided or a
request for witness protection denied under this subchapter.
Sec. 411.0286. PROSECUTING ATTORNEY TRAINING. (a) The
unit shall develop and provide a training course for prosecuting
attorneys and the prosecuting attorneys' designees regarding:
(1) witness protection procedures and best practices;
(2) the types of cases for which the unit may protect a
witness or prospective witness; and
(3) the process the unit will use to approve a request
for witness protection.
(b) To be qualified to request assistance from the unit, a
prosecuting attorney or a prosecuting attorney's designee must have
completed the training course described by Subsection (a).
(c) The department shall offer the training course
described by Subsection (a) at least once every two years.
SECTION 2. Not later than December 1, 2023, the Department
of Public Safety shall establish the witness protection unit under
Subchapter B-2, Chapter 411, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.