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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a special prosecution division in the |
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office of the attorney general to investigate and prosecute peace |
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officer misconduct. |
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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 2.081 to read as follows: |
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Art. 2.081. DISQUALIFIED FROM PEACE OFFICER MISCONDUCT. |
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(a) In this article: |
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(1) "Peace officer misconduct" means any criminal |
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offense committed by a peace officer acting under the authority of |
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the state or a political subdivision of the state. |
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(2) "Prosecuting attorney" means a district attorney, |
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criminal district attorney, or county attorney. |
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(b) A prosecuting attorney is disqualified from the |
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prosecution of peace officer misconduct. |
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(c) Article 2.07 does not apply to the disqualification of a |
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prosecuting attorney under this article. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.139 to read as follows: |
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Art. 2.139. PEACE OFFICER MISCONDUCT REPORTS. (a) In this |
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article: |
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(1) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(2) "Peace officer misconduct" has the meaning |
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assigned by Article 2.081(a). |
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(3) "Special prosecution division" means the division |
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established under Section 402.038, Government Code. |
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(b) Not later than 48 hours after the receipt of an |
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allegation of peace officer misconduct, the law enforcement agency |
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employing the applicable peace officer or officers shall report the |
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allegation to the special prosecution division of the office of the |
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attorney general. |
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(c) A law enforcement agency that submits a report under |
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Subsection (b) shall cooperate with the special prosecution |
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division in the investigation and any resulting prosecution by the |
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division. |
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SECTION 3. Section 402.009, Government Code, is amended to |
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read as follows: |
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Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE |
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OFFICERS. The attorney general may employ and commission peace |
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officers as investigators for: |
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(1) the limited purpose of assisting the attorney |
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general in carrying out the duties of that office relating to |
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prosecution assistance and crime prevention; or |
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(2) the purpose of investigating offenses that the |
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special prosecution division is required to investigate under |
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Section 402.038(b). |
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SECTION 4. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.038 to read as follows: |
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Sec. 402.038. SPECIAL PROSECUTION DIVISION. (a) In this |
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section: |
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(1) "Law enforcement agency" has the meaning assigned |
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by Article 2.139(a), Code of Criminal Procedure. |
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(2) "Peace officer misconduct" and "prosecuting |
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attorney" have the meanings assigned by Article 2.081(a), Code of |
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Criminal Procedure. |
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(3) "Peace officer" means a person elected, employed, |
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or appointed as a peace officer under Article 2.12, Code of Criminal |
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Procedure, or other law. |
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(b) The attorney general shall establish the special |
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prosecution division to investigate peace officer misconduct |
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reported to the division by a law enforcement agency under Article |
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2.139, Code of Criminal Procedure. |
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(c) Only the special prosecution division may prosecute a |
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peace officer in a case of peace officer misconduct. In prosecuting |
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a case of peace officer misconduct, the division has all the powers |
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of a prosecuting attorney, including the power to represent the |
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state before a grand jury. |
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SECTION 5. (a) Not later than December 1, 2015, the |
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attorney general shall establish the special prosecution division |
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under Section 402.038, Government Code, as added by this Act. |
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(b) Not later than January 1, 2016, each law enforcement |
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agency shall comply with the requirements under Article 2.139, Code |
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of Criminal Procedure, as added by this Act. |
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(c) Article 2.081, Code of Criminal Procedure, as added by |
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this Act, and Section 402.038, Government Code, as added by this |
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Act, apply only to the investigation and any resulting prosecution |
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of peace officer misconduct commencing on or after January 1, 2016. |
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The investigation and any resulting prosecution of peace officer |
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misconduct commencing before January 1, 2016, is governed by the |
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law in effect on the date the investigation and any resulting |
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prosecution commenced, and the former law is continued in effect |
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for that purpose. For purposes of this subsection, "peace officer |
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misconduct" has the meaning assigned by Article 2.081(a), Code of |
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Criminal Procedure, as added by this Act. |
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SECTION 6. 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, 2015. |