Texas 2023 - 88th Regular

Texas Senate Bill SR705 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	88R33154 TSS-D
1	2		By: Huffman S.R. No. 705
2	3
3	4
4		-	~~SENATE RESOLUTION~~
	5	+	R E S O L U T I O N
5	6		BE IT RESOLVED by the Senate of the State of Texas, 88th
6	7		Legislature, Regular Session, 2023, That Senate Rule 12.03 be
7	8		suspended in part as provided by Senate Rule 12.08 to enable the
8		-	conference committee appointed to resolve the differences on
9		-	~~House~~ Bill 17 (official misconduct by and removal of prosecuting
	9	+	conference committee appointed to resolve the differences on House
	10	+	Bill 17 (official misconduct by and removal of prosecuting
10	11		attorneys) to consider and take action on the following matters:
11	12		(1) Senate Rule 12.03(4) is suspended to permit the
12	13		committee to add text on a matter not included in either the house
13		-	or senate version of the bill in proposed SECTION 1 of the bill,
14		-	by adding to the definition of "official misconduct" in added
15		-	Sections 87.011(3)(B) and (C), Local Government Code, a
16		-	prosecuting attorney's adoption or enforcement of a policy
17		-	instructing "law enforcement to refuse to arrest individuals
18		-	suspected of committing a class or type of offense under state
19		-	law".
	14	+	or senate version of the bill in proposed SECTION 1 of the bill, by
	15	+	adding to the definition of "official misconduct" in added Sections
	16	+	87.011(3)(B) and (C), Local Government Code, a prosecuting
	17	+	attorney's adoption or enforcement of a policy instructing "law
	18	+	enforcement to refuse to arrest individuals suspected of committing
	19	+	a class or type of offense under state law".
20	20		Explanation: The change is necessary to ensure that a
21		-	prosecuting attorney may not avoid committing official
22		-	~~misconduct,~~ as defined and amended by the bill, by instructing
23		-	~~law enforcement~~ to refuse to arrest individuals whom the attorney
24		-	~~is prohibited~~ from refusing to prosecute.
	21	+	prosecuting attorney may not avoid committing official misconduct,
	22	+	as defined and amended by the bill, by instructing law enforcement
	23	+	to refuse to arrest individuals whom the attorney is prohibited
	24	+	from refusing to prosecute.
25	25		(2) Senate Rule 12.03(4) is suspended to permit the
26	26		committee to add text on a matter not included in either the house
27		-	or senate version of the bill by adding the following new SECTION
28		-	to the bill:
29		-	SECTION 2. Subchapter B, Chapter 87, Local Government
30		-	~~Code,~~ is amended by adding Section 87.0131 to read as follows:
31		-	Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense
32		-	in an action alleging a prosecuting attorney committed official
33		-	misconduct described by Section 87.011(3)(C) that the
34		-	~~prosecuting~~ attorney took action immediately on discovering an
35		-	~~attorney~~ employed by or otherwise under the direction or control
36		-	~~of the~~ prosecuting attorney was acting as described by Section
	27	+	or senate version of the bill by adding the following new SECTION to
	28	+	the bill:
	29	+	SECTION 2. Subchapter B, Chapter 87, Local Government Code,
	30	+	is amended by adding Section 87.0131 to read as follows:
	31	+	Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense in
	32	+	an action alleging a prosecuting attorney committed official
	33	+	misconduct described by Section 87.011(3)(C) that the prosecuting
	34	+	attorney took action immediately on discovering an attorney
	35	+	employed by or otherwise under the direction or control of the
	36	+	prosecuting attorney was acting as described by Section
37	37		87.011(3)(C).
38		-	Explanation: The change is necessary to provide a
39		-	defense in a removal action alleging certain official misconduct
40		-	committed by a prosecuting attorney, if the attorney took
41		-	immediate action on discovering the misconduct was occurring.
42		-	_______________________________
43		-	President of the Senate
44		-	I hereby certify that the
45		-	above Resolution was adopted by
46		-	the Senate on May 28, 2023, by the
47		-	following vote: Yeas 20,
48		-	Nays 11.
49		-	_______________________________
50		-	Secretary of the Senate
	38	+	Explanation: The change is necessary to provide a defense
	39	+	in a removal action alleging certain official misconduct committed
	40	+	by a prosecuting attorney, if the attorney took immediate action on
	41	+	discovering the misconduct was occurring.