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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of criminal offenses to prosecuting |
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attorneys, to any failure by law enforcement agencies to properly |
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consider those reports, and to allegations regarding a law |
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enforcement officer's corruption or abuse of power. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.33 to read as follows: |
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Art. 2.33. REPORTING CRIMINAL OFFENSES TO PROSECUTING |
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ATTORNEYS. A person with knowledge of the commission of a criminal |
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offense under the laws of this state may report the offense to any |
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attorney who prosecutes criminal cases on behalf of the state. In |
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investigating the report, the attorney may: |
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(1) refer the matter to: |
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(A) a law enforcement agency; or |
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(B) a court with jurisdiction over the offense; |
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(2) notify the public corruption unit described by |
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Section 411.0207, Government Code, of any failure by a law |
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enforcement agency to properly consider the person's report; or |
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(3) pursue any other action in the attorney's |
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discretion. |
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SECTION 2. Sections 411.0207(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) A public corruption unit is created within the |
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department to investigate and assist in the management of |
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allegations of corrupt activity, abuse of power, or participation |
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in organized criminal activity by: |
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(1) an individual elected, appointed, or employed to |
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serve as a peace officer for a governmental entity of this state |
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under Article 2.12, Code of Criminal Procedure; or |
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(2) a federal law enforcement officer while performing |
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duties in this state. |
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(d) On written approval of the director or of the chair of |
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the commission, the highest-ranking officer of the Texas Rangers |
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division of the department may initiate an investigation of an |
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allegation of corrupt activity, abuse of power, or participation in |
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organized criminal activity by a law enforcement officer described |
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by Subsection (b)(1). Written approval under this subsection must |
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be based on cause. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |