| 1 | 1 | | 89R13486 MCF-D |
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| 2 | 2 | | By: Lowe H.B. No. 3640 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the prosecution of an offense committed by a peace |
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| 10 | 10 | | officer acting in the course and scope of the officer's official |
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| 11 | 11 | | duties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter C, Chapter 2A, Code of Criminal |
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| 14 | 14 | | Procedure, is amended by adding Article 2A.1085 to read as follows: |
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| 15 | 15 | | Art. 2A.1085. PROSECUTION OR APPOINTMENT OF PROSECUTOR BY |
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| 16 | 16 | | ATTORNEY GENERAL FOR ON-DUTY OFFICER OFFENSES. (a) In this |
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| 17 | 17 | | article: |
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| 18 | 18 | | (1) "Local law enforcement agency" means an agency of |
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| 19 | 19 | | a political subdivision of the state authorized by law to employ |
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| 20 | 20 | | peace officers. |
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| 21 | 21 | | (2) "Prosecuting attorney" means a district attorney, |
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| 22 | 22 | | criminal district attorney, or county attorney with criminal |
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| 23 | 23 | | jurisdiction. |
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| 24 | 24 | | (b) With respect to any offense committed by a peace officer |
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| 25 | 25 | | acting in the course and scope of the officer's official duties, a |
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| 26 | 26 | | prosecuting attorney is disqualified from prosecuting a peace |
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| 27 | 27 | | officer who is employed by a political subdivision of this state |
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| 28 | 28 | | that is also served by the attorney. |
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| 29 | 29 | | (c) As soon as practicable after a local law enforcement |
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| 30 | 30 | | agency becomes aware that a peace officer employed by the agency has |
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| 31 | 31 | | committed an offense described by Subsection (b), the agency shall |
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| 32 | 32 | | report the offense to the attorney general. |
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| 33 | 33 | | (d) Notwithstanding Article 2A.104(b), in a case for which |
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| 34 | 34 | | the prosecuting attorney is disqualified under Subsection (b), the |
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| 35 | 35 | | attorney general may perform the duties of a prosecuting attorney |
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| 36 | 36 | | or may appoint for the purpose a prosecuting attorney who serves a |
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| 37 | 37 | | political subdivision of this state that does not employ the peace |
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| 38 | 38 | | officer who committed the offense. |
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| 39 | 39 | | (e) A local law enforcement agency that submits a report |
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| 40 | 40 | | under Subsection (c) shall cooperate with the attorney general or |
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| 41 | 41 | | the prosecuting attorney appointed by the attorney general under |
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| 42 | 42 | | this article in the prosecution of an offense described by |
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| 43 | 43 | | Subsection (b). |
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| 44 | 44 | | SECTION 2. Article 2A.1085, Code of Criminal Procedure, as |
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| 45 | 45 | | added by this Act, applies only to the prosecution of an offense |
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| 46 | 46 | | committed by a peace officer acting in the course and scope of the |
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| 47 | 47 | | officer's official duties that commences on or after the effective |
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| 48 | 48 | | date of this Act. The prosecution of an offense that commences |
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| 49 | 49 | | before the effective date of this Act is governed by the law in |
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| 50 | 50 | | effect on the date the prosecution commenced, and the former law is |
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| 51 | 51 | | continued in effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect January 1, 2026, but only |
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| 53 | 53 | | if the constitutional amendment proposed by the 89th Legislature, |
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| 54 | 54 | | Regular Session, 2025, authorizing the attorney general to |
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| 55 | 55 | | prosecute a criminal offense committed by a peace officer acting in |
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| 56 | 56 | | the course and scope of the officer's official duties is approved by |
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| 57 | 57 | | the voters. If that amendment is not approved by the voters, this |
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| 58 | 58 | | Act has no effect. |
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