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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of the attorney general to prosecute certain |
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criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 402, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PROSECUTION OF CERTAIN CRIMINAL OFFENSES |
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Sec. 402.101. APPLICABILITY. This subchapter applies to a |
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criminal offense under: |
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(1) the Election Code; |
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(2) Chapter 170A or 171, Health and Safety Code; or |
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(3) Chapter 20A, 36, or 39, Penal Code. |
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Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. |
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(a) A law enforcement agency that submits to a local prosecuting |
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attorney a report stating there is probable cause to believe an |
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identified person has committed a criminal offense described by |
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Section 402.101 shall simultaneously provide a copy of that report |
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to the attorney general. |
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(b) On request of the attorney general, a local prosecuting |
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attorney or law enforcement agency shall provide information |
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regarding investigations of criminal offenses described by Section |
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402.101 to assist the attorney general in performing duties |
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required under this subchapter. |
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Sec. 402.103. PROSECUTION. Notwithstanding any other law, |
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the attorney general has jurisdiction to prosecute and shall |
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prosecute a criminal offense described by Section 402.101 if: |
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(1) a law enforcement agency submits a report |
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described by Section 402.102(a) to the local prosecuting attorney |
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and the attorney general; and |
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(2) six months have elapsed from the date the report |
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was submitted and the local prosecuting attorney has not initiated |
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proceedings to prosecute the offense. |
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SECTION 2. Sections 273.021(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) The attorney general shall [may] prosecute a criminal |
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offense prescribed by the election laws of this state as provided by |
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Subchapter D, Chapter 402, Government Code. |
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(b) The attorney general may appear before a grand jury in |
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connection with a criminal [an] offense the attorney general is |
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required [authorized] to prosecute under Subsection (a). |
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SECTION 3. Section 273.022, Election Code, is amended to |
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read as follows: |
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Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The |
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attorney general may direct the county or district attorney serving |
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the county in which the offense is to be prosecuted to prosecute a |
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criminal [an] offense that the attorney general is required |
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[authorized] to prosecute under Section 273.021 or to assist the |
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attorney general in the prosecution. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |