| 2 | 4 | | |
|---|
| 3 | 5 | | |
|---|
| 4 | 6 | | A BILL TO BE ENTITLED |
|---|
| 5 | 7 | | AN ACT |
|---|
| 6 | 8 | | relating to the duty of the attorney general to prosecute human |
|---|
| 7 | 9 | | trafficking offenses. |
|---|
| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 11 | | SECTION 1. Chapter 402, Government Code, is amended by |
|---|
| 10 | 12 | | adding Subchapter D to read as follows: |
|---|
| 11 | 13 | | SUBCHAPTER D. PROSECUTION OF CERTAIN CRIMINAL OFFENSES |
|---|
| 12 | 14 | | Sec. 402.101. APPLICABILITY. This subchapter applies to a |
|---|
| 13 | 15 | | criminal offense under Chapter 20A, Penal Code. |
|---|
| 14 | 16 | | Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. |
|---|
| 15 | 17 | | (a) A law enforcement agency that submits to a local prosecuting |
|---|
| 16 | 18 | | attorney a report stating there is probable cause to believe an |
|---|
| 17 | 19 | | identified person has committed a criminal offense described by |
|---|
| 18 | 20 | | Section 402.101 shall simultaneously submit a copy of that report |
|---|
| 19 | 21 | | to the attorney general. |
|---|
| 20 | 22 | | (b) On request of the attorney general, a local prosecuting |
|---|
| 21 | 23 | | attorney or law enforcement agency shall provide information |
|---|
| 22 | 24 | | regarding investigations of criminal offenses described by Section |
|---|
| 23 | 25 | | 402.101 to assist the attorney general in performing duties |
|---|
| 24 | 26 | | required under this subchapter. |
|---|
| 25 | 27 | | Sec. 402.103. PROSECUTION. Notwithstanding any other law, |
|---|
| 26 | 28 | | the attorney general has jurisdiction to prosecute and shall |
|---|
| 27 | 29 | | represent the state in the prosecution of a criminal offense |
|---|
| 28 | 30 | | described by Section 402.101 if: |
|---|
| 29 | 31 | | (1) a law enforcement agency submits a report |
|---|
| 30 | 32 | | described by Section 402.102(a) to the local prosecuting attorney |
|---|
| 31 | 33 | | and the attorney general; and |
|---|
| 32 | 34 | | (2) six months have elapsed from the date the report |
|---|
| 33 | 35 | | was submitted and the local prosecuting attorney has not initiated |
|---|
| 34 | 36 | | proceedings to prosecute the offense. |
|---|
| 35 | 37 | | SECTION 2. Chapter 20A, Penal Code, is amended by adding |
|---|
| 36 | 38 | | Section 20A.05 to read as follows: |
|---|
| 37 | 39 | | Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL AUTHORIZED. |
|---|
| 38 | 40 | | The attorney general shall represent the state in the prosecution |
|---|
| 39 | 41 | | of a criminal offense under this chapter as provided by Subchapter |
|---|
| 40 | 42 | | D, Chapter 402, Government Code. |
|---|
| 41 | 43 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 42 | 44 | | an offense committed on or after the effective date of this Act. An |
|---|
| 43 | 45 | | offense committed before the effective date of this Act is governed |
|---|
| 44 | 46 | | by the law in effect on the date the offense was committed, and the |
|---|
| 45 | 47 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 46 | 48 | | this section, an offense was committed before the effective date of |
|---|
| 47 | 49 | | this Act if any element of the offense occurred before that date. |
|---|
| 48 | 50 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|