Texas 2023 - 88th Regular

Texas Senate Bill SB839 Latest Draft

Bill / Senate Committee Report Version Filed 04/11/2023

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                            By: West S.B. No. 839
 (In the Senate - Filed February 10, 2023; March 1, 2023,
 read first time and referred to Committee on Criminal Justice;
 April 11, 2023, reported adversely, with favorable Committee
 Substitute by the following vote:  Yeas 4, Nays 1, two present not
 voting; April 11, 2023, sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR S.B. No. 839 By:  Whitmire


 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation of a witness protection unit within the
 Department of Public Safety.
 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.  DEFINITIONS.  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. (a)  The department
 shall establish and support a witness protection unit.
 (b)  The director shall direct the administration and
 oversight of the witness protection unit, including the unit's
 organization within the department.
 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 department or
 an 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 March 1, 2024, 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.
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