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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment by the attorney general of a special |
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prosecutor to prosecute certain offenses committed that cause |
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serious bodily injury or death by peace officers. |
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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. APPOINTMENT OF SPECIAL PROSECUTOR FOR |
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OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article: |
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(1) "Officer-involved injury or death" means any |
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serious bodily injury or death caused by a peace officer acting |
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under the authority of the state or a political subdivision of the |
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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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(3) "Serious bodily injury" has the meaning assigned |
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by Section 1.07, Penal Code. |
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(b) A prosecuting attorney is disqualified from prosecuting |
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a peace officer who serves an area also served by the attorney for |
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any offense arising out of an officer-involved injury or death. |
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(c) Notwithstanding Article 2.07(a), the attorney general |
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shall appoint a special prosecutor to perform the duties of a |
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prosecuting attorney in a case for which the prosecuting attorney |
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is disqualified under Subsection (b). |
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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. OFFICER-INVOLVED INJURY OR DEATH. (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) "Officer-involved injury or death" has the meaning |
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assigned by Article 2.081(a). |
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(b) As soon as practicable after an officer-involved injury |
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or death, the law enforcement agency employing the peace officer or |
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officers involved shall report the incident to the attorney |
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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 prosecutor |
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appointed by the attorney general under Article 2.081 in the |
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prosecution of any offense arising out of an officer-involved |
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injury or death. |
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SECTION 3. (a) Not later than January 1, 2016, each law |
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enforcement agency shall comply with the requirements under Article |
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2.139, Code of Criminal Procedure, as added by this Act. |
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(b) Article 2.081, Code of Criminal Procedure, as added by |
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this Act, applies only to the prosecution of an offense arising out |
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of an officer-involved injury or death occurring on or after |
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January 1, 2016. The prosecution of an offense arising out of an |
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officer-involved injury or death occurring before January 1, 2016, |
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is governed by the law in effect on the date the injury or death |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, "officer-involved injury |
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or death" 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 4. 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. |