| 1 | 1 | | 89R4006 AMF-D |
|---|
| 2 | 2 | | By: Hughes S.B. No. 846 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the duty of the attorney general to prosecute certain |
|---|
| 10 | 10 | | criminal offenses. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 402, Government Code, is amended by |
|---|
| 13 | 13 | | adding Subchapter D to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER D. PROSECUTION OF CERTAIN CRIMINAL OFFENSES |
|---|
| 15 | 15 | | Sec. 402.101. APPLICABILITY. This subchapter applies to a |
|---|
| 16 | 16 | | criminal offense under: |
|---|
| 17 | 17 | | (1) the Election Code; |
|---|
| 18 | 18 | | (2) Chapter 170A or 171, Health and Safety Code; or |
|---|
| 19 | 19 | | (3) Chapter 20A, 36, or 39, Penal Code. |
|---|
| 20 | 20 | | Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. |
|---|
| 21 | 21 | | (a) A law enforcement agency that submits to a local prosecuting |
|---|
| 22 | 22 | | attorney a report stating there is probable cause to believe an |
|---|
| 23 | 23 | | identified person has committed a criminal offense described by |
|---|
| 24 | 24 | | Section 402.101 shall simultaneously submit a copy of that report |
|---|
| 25 | 25 | | to the attorney general. |
|---|
| 26 | 26 | | (b) On request of the attorney general, a local prosecuting |
|---|
| 27 | 27 | | attorney or law enforcement agency shall provide information |
|---|
| 28 | 28 | | regarding investigations of criminal offenses described by Section |
|---|
| 29 | 29 | | 402.101 to assist the attorney general in performing duties |
|---|
| 30 | 30 | | required under this subchapter. |
|---|
| 31 | 31 | | Sec. 402.103. PROSECUTION. Notwithstanding any other law, |
|---|
| 32 | 32 | | the attorney general has jurisdiction to prosecute and shall |
|---|
| 33 | 33 | | prosecute a criminal offense described by Section 402.101 if: |
|---|
| 34 | 34 | | (1) a law enforcement agency submits a report |
|---|
| 35 | 35 | | described by Section 402.102(a) to the local prosecuting attorney |
|---|
| 36 | 36 | | and the attorney general; and |
|---|
| 37 | 37 | | (2) six months have elapsed from the date the report |
|---|
| 38 | 38 | | was submitted and the local prosecuting attorney has not initiated |
|---|
| 39 | 39 | | proceedings to prosecute the offense. |
|---|
| 40 | 40 | | SECTION 2. Sections 273.021(a) and (b), Election Code, are |
|---|
| 41 | 41 | | amended to read as follows: |
|---|
| 42 | 42 | | (a) The attorney general shall [may] prosecute a criminal |
|---|
| 43 | 43 | | offense prescribed by the election laws of this state as provided by |
|---|
| 44 | 44 | | Subchapter D, Chapter 402, Government Code. |
|---|
| 45 | 45 | | (b) The attorney general may appear before a grand jury in |
|---|
| 46 | 46 | | connection with a criminal [an] offense the attorney general is |
|---|
| 47 | 47 | | required [authorized] to prosecute under Subsection (a). |
|---|
| 48 | 48 | | SECTION 3. Section 273.022, Election Code, is amended to |
|---|
| 49 | 49 | | read as follows: |
|---|
| 50 | 50 | | Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The |
|---|
| 51 | 51 | | attorney general may direct the county or district attorney serving |
|---|
| 52 | 52 | | the county in which the offense is to be prosecuted to prosecute a |
|---|
| 53 | 53 | | criminal [an] offense that the attorney general is required |
|---|
| 54 | 54 | | [authorized] to prosecute under Section 273.021 or to assist the |
|---|
| 55 | 55 | | attorney general in the prosecution. |
|---|
| 56 | 56 | | SECTION 4. The changes in law made by this Act apply only to |
|---|
| 57 | 57 | | an offense committed on or after the effective date of this Act. An |
|---|
| 58 | 58 | | offense committed before the effective date of this Act is governed |
|---|
| 59 | 59 | | by the law in effect on the date the offense was committed, and the |
|---|
| 60 | 60 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 61 | 61 | | this section, an offense was committed before the effective date of |
|---|
| 62 | 62 | | this Act if any element of the offense occurred before that date. |
|---|
| 63 | 63 | | SECTION 5. This Act takes effect September 1, 2025. |
|---|