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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 that are committed by |
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certain peace officers and that result in serious bodily injury or |
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death. |
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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) "Local law enforcement agency" means an agency of |
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a political subdivision of the state authorized by law to employ |
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peace officers. |
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(2) "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 a political subdivision of the state. |
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(3) "Prosecuting attorney" means a district attorney, |
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criminal district attorney, or county attorney. |
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(4) "Serious bodily injury" has the meaning assigned |
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by Section 1.07, Penal Code. |
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(b) With respect to any offense arising out of an |
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officer-involved injury or death, a prosecuting attorney is |
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disqualified from prosecuting a peace officer who is employed by a |
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political subdivision of this state that is also served by the |
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attorney. |
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(c) As soon as practicable after an officer-involved injury |
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or death, the local law enforcement agency employing the peace |
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officer or officers involved shall report the incident to the |
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attorney general. |
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(d) 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). Except as provided by |
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Subsection (e), the special prosecutor must be a duly elected |
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prosecuting attorney for a county that is adjacent to the county |
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served by the prosecuting attorney who is disqualified under |
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Subsection (b) from prosecuting the offense arising out of an |
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officer-involved injury or death. |
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(e) A duly elected prosecuting attorney appointed as |
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special prosecutor under Subsection (d) may decline the appointment |
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by providing written notice to the attorney general stating why it |
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is impracticable for the attorney to prosecute the case. If each |
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duly elected prosecuting attorney described by Subsection (d) |
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declines the appointment as permitted by this subsection, the |
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attorney general may appoint as special prosecutor any duly elected |
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prosecuting attorney who is not otherwise disqualified from |
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prosecuting the offense arising out of an officer-involved injury |
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or death. |
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(f) A local law enforcement agency that submits a report |
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under Subsection (c) shall cooperate with the special prosecutor |
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appointed by the attorney general under this article 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 2. (a) Not later than February 1, 2022, each local |
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law enforcement agency shall comply with the requirements under |
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Article 2.081, 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 commencing on or after |
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February 1, 2022. The prosecution of an offense arising out of an |
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officer-involved injury or death commencing before February 1, |
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2022, is governed by the law in effect on the date the prosecution |
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commenced, 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 3. This Act takes effect January 1, 2022, but only |
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if the constitutional amendment proposed by the 87th Legislature, |
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Regular Session, 2021, requiring the attorney general to appoint a |
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special prosecutor to prosecute certain offenses that are committed |
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by peace officers is approved by the voters. If that amendment is |
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not approved by the voters, this Act has no effect. |