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