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