| 1 | 1 | | By: West S.B. No. 839 |
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| 2 | 2 | | (In the Senate - Filed February 10, 2023; March 1, 2023, |
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| 3 | 3 | | read first time and referred to Committee on Criminal Justice; |
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| 4 | 4 | | April 11, 2023, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 4, Nays 1, two present not |
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| 6 | 6 | | voting; April 11, 2023, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 839 By: Whitmire |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the creation of a witness protection unit within the |
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| 14 | 14 | | Department of Public Safety. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Chapter 411, Government Code, is amended by |
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| 17 | 17 | | adding Subchapter B-2 to read as follows: |
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| 18 | 18 | | SUBCHAPTER B-2. WITNESS PROTECTION UNIT |
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| 19 | 19 | | Sec. 411.0281. DEFINITIONS. In this subchapter: |
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| 20 | 20 | | (1) "Prosecuting attorney" has the meaning assigned |
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| 21 | 21 | | under Section 411.0251. |
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| 22 | 22 | | (2) "Unit" and "witness protection unit" mean the |
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| 23 | 23 | | witness protection unit established under Section 411.0282. |
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| 24 | 24 | | Sec. 411.0282. ESTABLISHMENT OF UNIT. (a) The department |
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| 25 | 25 | | shall establish and support a witness protection unit. |
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| 26 | 26 | | (b) The director shall direct the administration and |
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| 27 | 27 | | oversight of the witness protection unit, including the unit's |
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| 28 | 28 | | organization within the department. |
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| 29 | 29 | | Sec. 411.0283. PURPOSE AND DUTIES. (a) On receiving a |
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| 30 | 30 | | request from a prosecuting attorney or a prosecuting attorney's |
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| 31 | 31 | | designee qualified under Section 411.0286(b) to make such a |
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| 32 | 32 | | request, the unit may provide for the relocation or other |
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| 33 | 33 | | protection of: |
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| 34 | 34 | | (1) a witness or prospective witness in a criminal |
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| 35 | 35 | | case in this state: |
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| 36 | 36 | | (A) for an offense punishable as a first degree |
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| 37 | 37 | | or capital felony; or |
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| 38 | 38 | | (B) in which the witness or prospective witness |
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| 39 | 39 | | is likely to be subject to obstruction or retaliation under Section |
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| 40 | 40 | | 36.06, Penal Code, as determined by the unit; or |
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| 41 | 41 | | (2) a family member or person otherwise closely |
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| 42 | 42 | | associated with a witness or prospective witness described by |
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| 43 | 43 | | Subdivision (1), if the unit determines that the family member or |
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| 44 | 44 | | person may be in danger of harm as a result of the witness's or |
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| 45 | 45 | | prospective witness's participation in the criminal case. |
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| 46 | 46 | | (b) The department may adopt rules necessary for the |
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| 47 | 47 | | establishment and administration of the unit, including rules |
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| 48 | 48 | | relating to: |
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| 49 | 49 | | (1) the types of cases for which the unit may protect a |
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| 50 | 50 | | witness or prospective witness; |
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| 51 | 51 | | (2) the process the unit will use to approve a request |
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| 52 | 52 | | for witness protection; |
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| 53 | 53 | | (3) the types of protection services the unit will |
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| 54 | 54 | | offer; and |
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| 55 | 55 | | (4) protocols that ensure the confidentiality and |
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| 56 | 56 | | security of witness information. |
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| 57 | 57 | | Sec. 411.0284. GIFTS, GRANTS, AND DONATIONS. The |
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| 58 | 58 | | department may solicit and accept gifts, grants, and donations from |
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| 59 | 59 | | any source for the purpose of implementing this subchapter. |
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| 60 | 60 | | Sec. 411.0285. IMMUNITY FROM LIABILITY. The department or |
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| 61 | 61 | | an authorized agent of the unit is not liable for damages resulting |
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| 62 | 62 | | from witness protection provided or a request for witness |
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| 63 | 63 | | protection denied under this subchapter. |
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| 64 | 64 | | Sec. 411.0286. PROSECUTING ATTORNEY TRAINING. (a) The |
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| 65 | 65 | | unit shall develop and provide a training course for prosecuting |
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| 66 | 66 | | attorneys and the prosecuting attorneys' designees regarding: |
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| 67 | 67 | | (1) witness protection procedures and best practices; |
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| 68 | 68 | | (2) the types of cases for which the unit may protect a |
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| 69 | 69 | | witness or prospective witness; and |
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| 70 | 70 | | (3) the process the unit will use to approve a request |
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| 71 | 71 | | for witness protection. |
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| 72 | 72 | | (b) To be qualified to request assistance from the unit, a |
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| 73 | 73 | | prosecuting attorney or a prosecuting attorney's designee must have |
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| 74 | 74 | | completed the training course described by Subsection (a). |
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| 75 | 75 | | (c) The department shall offer the training course |
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| 76 | 76 | | described by Subsection (a) at least once every two years. |
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| 77 | 77 | | SECTION 2. Not later than March 1, 2024, the Department of |
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| 78 | 78 | | Public Safety shall establish the witness protection unit under |
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| 79 | 79 | | Subchapter B-2, Chapter 411, Government Code, as added by this Act. |
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| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 81 | 81 | | * * * * * |
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