BILL ANALYSIS
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Senate Research Center |
S.B. 1927 |
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By: Hughes |
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State Affairs |
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3/21/2023 |
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As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The legislature has chosen to provide the attorney general with jurisdiction to prosecute certain crimes, either with original jurisdiction or with concurrent jurisdiction with county and district attorneys. The Court of Criminal Appeals, however, held in State v. Stephens, that prosecution of these crimes are a judicial branch function and that the attorney general, as an official in the executive branch, cannot prosecute certain crimes without being invited to participate by the local prosecutor.
Over the last several years, several Texas county and/or district Attorneys have announced that they refuse to prosecute certain classes of crimes. In the absence of any prosecutor to bring charges for crimes that state law prohibits, the state has a responsibility to provide for enforcement.
The state already has an office of the state prosecuting attorney, which is a legislatively created office situated in the judicial branch. The state prosecuting attorney is already authorized to represent the state in any stage of a criminal case before the Court of Criminal Appeals or a court of appeals in this state.
S.B. 1927 would expand this existing office to prosecute certain crimes statewide at any stage of a criminal case. These crimes include election crimes, crimes related to abortions, human trafficking, bribery and corruption, and abuse of office for public officials. These specific crimes are likely to be politicized such that some prosecutors will have an incentive to avoid prosecuting the crimes based on factors other than the evidence and the legality of the charged conduct. The bill also moves oversight of the office from the Court of Criminal Appeals to the Supreme Court.
By providing concurrent jurisdiction to a statewide prosecutor in the judicial branch, the state will have an opportunity to ensure that the law is enforced without political consideration.
As proposed, S.B. 1927 amends current law relating to the jurisdiction of the state prosecuting attorney.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 42.001(a), Government Code, as follows:
Sec. 42.001. OFFICE; QUALIFICATIONS. (a) Requires the Supreme Court of Texas (supreme court), rather than the court of criminal appeals, to appoint a state prosecuting attorney to represent the state in all proceedings before the court.�
SECTION 2. Amends Section 42.004, Government Code, as follows:
Sec. 42.004. REMOVAL. Authorizes the supreme court, rather than the court of criminal appeals, to remove state prosecuting attorneys from office for good cause.
SECTION 3. Amends the heading to Section 42.005, Government Code, to read as follows:
Sec. 42.005. CONCURRENT JURISDICTION AND COOPERATION WITH OTHER PROSECUTING ATTORNEYS.
SECTION 4. Amends Section 42.005, Government Code, by adding Subsection (c), as follows:
(c) Requires the state prosecuting attorney to have concurrent jurisdiction to represent the state in the district and inferior courts in this state in a criminal case in which the criminal conduct alleged relates to:
(1) a violation of this state's election laws;
(2) a violation of Chapter 170 (Prohibited Acts Regarding Abortion) or 171 (Abortion), Health and Safety Code; or
(3) an offense under Chapter 20A (Trafficking of Persons), 36 (Bribery and Corrupt Influence), or 39 (Abuse of Office), Penal Code.
SECTION 5. Effective date: September 1, 2023.