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A BILL TO BE ENTITLED
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AN ACT
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relating to required reporting of certain discretionary |
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prosecutorial decisions of prosecuting attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Government Code, is |
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amended by adding Section 41.0065 to read as follows: |
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Sec. 41.0065. REPORT TO ATTORNEY GENERAL REGARDING REFUSAL |
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TO PROSECUTE. (a) In this section: |
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(1) "Peace officer" means an individual described by |
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Article 2.12, Code of Criminal Procedure. |
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(2) "Prosecuting attorney" has the meaning assigned by |
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Section 41.101. |
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(b) If, after being presented with an affidavit sworn to by |
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a peace officer alleging that probable cause exists to believe a |
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person committed a criminal offense under Title 5 or 6, Penal Code, |
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or under Chapter 29, Penal Code, a prosecuting attorney refuses to |
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prosecute the alleged criminal offense, the prosecuting attorney |
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must submit a report to the attorney general that includes: |
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(1) any information the prosecuting attorney has |
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regarding the alleged criminal offense; |
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(2) a detailed explanation of the prosecuting |
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attorney's decision not to prosecute the alleged offense, including |
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any perceived evidentiary deficiencies in the case; and |
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(3) the alleged offender's criminal history. |
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(c) Subject to Subsection (d), at least once a month the |
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office of the attorney general shall post on the office's publicly |
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accessible Internet website information regarding each prosecuting |
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attorney's decision not to prosecute an offense described by |
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Subsection (b). The post must include: |
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(1) the county in which the alleged offense occurred; |
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(2) the type of offense alleged to have been |
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committed; and |
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(3) a short statement regarding the prosecuting |
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attorney's rationale for refusing to prosecute the alleged offense. |
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(d) Information included on the attorney general's Internet |
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website under Subsection (c) may not include any personally |
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identifying information of an alleged offender or victim. |
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SECTION 2. This Act takes effect September 1, 2023. |