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A BILL TO BE ENTITLED
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AN ACT
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relating to the concurrent jurisdiction of prosecuting attorneys in |
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adjoining districts or counties to prosecute criminal offenses |
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involving the election laws in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 273, Election Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. CONCURRENT JURISDICTION OF PROSECUTING ATTORNEY IN |
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ADJOINING DISTRICT OR COUNTY |
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Sec. 273.101. DEFINITION. In this subchapter, "prosecuting |
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attorney" means a district attorney, criminal district attorney, or |
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county attorney with criminal jurisdiction. |
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Sec. 273.102. CONCURRENT JURISDICTION. (a) |
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Notwithstanding any other law, a prosecuting attorney with the |
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authority to prosecute a felony or misdemeanor involving the |
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election laws of this state in the prosecuting attorney's county or |
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district has, in an adjoining county or district, as applicable, |
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concurrent jurisdiction with the prosecuting attorney of the |
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adjoining county or district who prosecutes that class of offense |
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to prosecute an offense of that class involving the election laws of |
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this state. |
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(b) If not more than three prosecuting attorneys have |
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jurisdiction to prosecute an offense under Subsection (a), a |
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prosecuting attorney in a county or district, as applicable, |
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adjacent to a county or district that is adjacent to the county or |
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district in which the offense was committed has concurrent |
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jurisdiction with the prosecuting attorney in the county or |
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district in which the offense was committed who prosecutes that |
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class of offense to prosecute an offense of that class involving the |
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election laws of this state. |
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Sec. 273.103. PROSECUTION FOR SAME OFFENSE OR OFFENSE |
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ARISING FROM SAME CRIMINAL EPISODE PROHIBITED. After a prosecuting |
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attorney commences a criminal action involving the election laws of |
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this state, another prosecuting attorney with jurisdiction over the |
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matter, including concurrent jurisdiction described by Section |
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273.102, may assist in prosecuting the action but may not commence a |
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criminal action for the same offense or another offense arising |
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from the same criminal episode, as defined by Section 3.01, Penal |
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Code. |
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SECTION 2. This Act takes effect September 1, 2023. |