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A BILL TO BE ENTITLED
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AN ACT
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relating to a grant program to support the prosecution of certain |
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crimes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 772, Government Code, is amended by |
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adding Section 772.0071 to read as follows: |
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Sec. 772.0071. PROSECUTION OF BORDER CRIME GRANT PROGRAM. |
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(a) In this section: |
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(1) "Border crime" means any crime that occurs in the |
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border region and that undermines public safety or security, |
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including an offense: |
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(A) during the prosecution of which an |
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affirmative finding may be requested under Section 3g(a)(2), |
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Article 42.12, Code of Criminal Procedure; |
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(B) under Chapter 19, 20, 20A, 46, or 71, Penal |
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Code; |
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(C) under Title 7 or 8, Penal Code; |
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(D) under Chapter 481, Health and Safety Code; |
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(E) committed by a person who is not a citizen or |
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national of the United States and is not lawfully present in the |
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United States; or |
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(F) that is coordinated with or related to |
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activities or crimes that occur or are committed in the United |
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Mexican States. |
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(2) "Border region" means the portion of this state |
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that is located in a county: |
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(A) that is adjacent to an international border; |
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(B) in which a border checkpoint is located; or |
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(C) that includes a major geographic area in |
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which offenses under Section 20A.02, Penal Code, or offenses of a |
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transnational character are committed, as determined by the |
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criminal justice division. |
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(3) "Criminal justice division" means the criminal |
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justice division established under Section 772.006. |
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(4) "Eligible prosecuting attorney" means an attorney |
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in a border region who represents the state in the prosecution of |
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felonies. |
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(b) The criminal justice division shall establish and |
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administer a competitive grant program through which an eligible |
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prosecuting attorney or the attorney's office may apply for a grant |
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to support the prosecution of border crime in a county or counties |
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under the jurisdiction of the attorney. |
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(c) The criminal justice division shall establish: |
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(1) additional eligibility criteria for grant |
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applicants; |
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(2) grant application procedures; |
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(3) guidelines relating to grant amounts; |
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(4) procedures for evaluating grant applications; and |
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(5) procedures for monitoring the use of a grant |
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awarded under the program and ensuring compliance with any |
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conditions of a grant. |
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(d) Money in the fugitive apprehension account may be |
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appropriated only to the criminal justice division for the purpose |
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of awarding grants under this section. The account is exempt from |
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the application of Section 403.095. |
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(e) The criminal justice division shall include in the |
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biennial report required by Section 772.006(a)(9) a detailed |
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reporting of the results and performance of the grant program |
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administered under this section. |
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SECTION 2. Section 411.0091(c), Government Code, is |
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repealed. |
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SECTION 3. Not later than October 1, 2011, the criminal |
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justice division of the governor's office shall establish the |
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prosecution of border crime grant program required by Section |
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772.0071, Government Code, as added by this Act, and, not later than |
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January 1, 2012, shall award the first grants under that program. |
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SECTION 4. This Act takes effect September 1, 2011. |