| 1 | 1 | | 89R12230 JCG-D |
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| 2 | 2 | | By: Hughes S.B. No. 1861 |
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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 appointment of a special prosecutor by the court of |
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| 10 | 10 | | criminal appeals for certain criminal cases. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 2A, Code of Criminal |
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| 13 | 13 | | Procedure, is amended by adding Article 2A.112 to read as follows: |
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| 14 | 14 | | Art. 2A.112. APPOINTMENT OF SPECIAL PROSECUTOR FOR CERTAIN |
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| 15 | 15 | | CASES. (a) In this article, "prosecuting attorney" means a |
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| 16 | 16 | | district attorney, criminal district attorney, or county attorney |
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| 17 | 17 | | with criminal jurisdiction. |
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| 18 | 18 | | (b) A law enforcement agency that investigates an offense |
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| 19 | 19 | | prescribed by the election laws of this state may present to the |
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| 20 | 20 | | court of criminal appeals a report that includes the |
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| 21 | 21 | | investigation's findings and a description of any evidence obtained |
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| 22 | 22 | | as a result of the investigation. |
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| 23 | 23 | | (c) On receipt of a report under Subsection (b), the court |
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| 24 | 24 | | of criminal appeals shall appoint a special prosecutor to: |
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| 25 | 25 | | (1) review the report; and |
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| 26 | 26 | | (2) make a determination to: |
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| 27 | 27 | | (A) bring a criminal action based on the report; |
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| 28 | 28 | | (B) decline to bring the action described by |
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| 29 | 29 | | Paragraph (A); or |
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| 30 | 30 | | (C) request that the law enforcement agency |
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| 31 | 31 | | pursue further investigation. |
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| 32 | 32 | | (d) To be eligible to be appointed as a special prosecutor |
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| 33 | 33 | | under this article, a person must: |
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| 34 | 34 | | (1) be a prosecuting attorney who serves an area that |
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| 35 | 35 | | does not overlap with the area served by the law enforcement agency |
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| 36 | 36 | | who presented the report, unless the law enforcement agency has |
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| 37 | 37 | | statewide jurisdiction; and |
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| 38 | 38 | | (2) have the appropriate experience to ensure |
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| 39 | 39 | | competent representation of the state in any legal proceeding with |
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| 40 | 40 | | respect to the offense that is the subject of the report. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2025. |
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