88R21860 MZM-D
 
  By: González of Dallas H.B. No. 1230
 
  Substitute the following for H.B. No. 1230:
 
  By:  Moody C.S.H.B. No. 1230
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a witness protection unit within the
  Department of Public Safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter B-2 to read as follows:
  SUBCHAPTER B-2. WITNESS PROTECTION UNIT
         Sec. 411.0281.  DEFINITIONS.  In this subchapter:
               (1)  "Prosecuting attorney" has the meaning assigned
  under Section 411.0251.
               (2)  "Unit" and "witness protection unit" mean the
  witness protection unit established under Section 411.0282.
         Sec. 411.0282.  ESTABLISHMENT OF UNIT. (a)  The department
  shall establish and support a witness protection unit.
         (b)  The director shall direct the administration and
  oversight of the witness protection unit, including the unit's
  organization within the department.
         Sec. 411.0283.  PURPOSE AND DUTIES. (a)  On receiving a
  request from a prosecuting attorney or a prosecuting attorney's
  designee qualified under Section 411.0286(b) to make such a
  request, the unit may provide for the relocation or other
  protection of:
               (1)  a witness or prospective witness in a criminal
  case in this state:
                     (A)  for an offense punishable as a first degree
  or capital felony; or
                     (B)  in which the witness or prospective witness
  is likely to be subject to obstruction or retaliation under Section
  36.06, Penal Code, as determined by the unit; or
               (2)  a family member or person otherwise closely
  associated with a witness or prospective witness described by
  Subdivision (1), if the unit determines that the family member or
  person may be in danger of harm as a result of the witness's or
  prospective witness's participation in the criminal case.
         (b)  The department may adopt rules necessary for the
  establishment and administration of the unit, including rules
  relating to:
               (1)  the types of cases for which the unit may protect a
  witness or prospective witness;
               (2)  the process the unit will use to approve a request
  for witness protection;
               (3)  the types of protection services the unit will
  offer; and
               (4)  protocols that ensure the confidentiality and
  security of witness information.
         Sec. 411.0284.  GIFTS, GRANTS, AND DONATIONS. The
  department may solicit and accept gifts, grants, and donations from
  any source for the purpose of implementing this subchapter.
         Sec. 411.0285.  IMMUNITY FROM LIABILITY. The department or
  an authorized agent of the unit is not liable for damages resulting
  from witness protection provided or a request for witness
  protection denied under this subchapter.
         Sec. 411.0286.  PROSECUTING ATTORNEY TRAINING. (a)  The
  unit shall develop and provide a training course for prosecuting
  attorneys and the prosecuting attorneys' designees regarding: 
               (1)  witness protection procedures and best practices;
               (2)  the types of cases for which the unit may protect a
  witness or prospective witness; and
               (3)  the process the unit will use to approve a request
  for witness protection.
         (b)  To be qualified to request assistance from the unit, a
  prosecuting attorney or a prosecuting attorney's designee must have
  completed the training course described by Subsection (a).
         (c)  The department shall offer the training course
  described by Subsection (a) at least once every two years.
         SECTION 2.  Not later than March 1, 2024, the Department of
  Public Safety shall establish the witness protection unit under
  Subchapter B-2, Chapter 411, Government Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.