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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 witness protection unit within the |
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Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter B-2 to read as follows: |
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SUBCHAPTER B-2. WITNESS PROTECTION UNIT |
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Sec. 411.0281. DEFINITIONS. In this subchapter: |
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(1) "Prosecuting attorney" has the meaning assigned |
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under Section 411.0251. |
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(2) "Unit" and "witness protection unit" mean the |
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witness protection unit established under Section 411.0282. |
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Sec. 411.0282. ESTABLISHMENT OF UNIT. (a) The department |
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shall establish and support a witness protection unit. |
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(b) The director shall direct the administration and |
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oversight of the witness protection unit, including the unit's |
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organization within the department. |
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Sec. 411.0283. PURPOSE AND DUTIES. (a) On receiving a |
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request from a prosecuting attorney or a prosecuting attorney's |
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designee qualified under Section 411.0286(b) to make such a |
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request, the unit may provide for the relocation or other |
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protection of: |
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(1) a witness or prospective witness in a criminal |
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case in this state: |
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(A) for an offense punishable as a first degree |
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or capital felony; or |
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(B) in which the witness or prospective witness |
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is likely to be subject to obstruction or retaliation under Section |
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36.06, Penal Code, as determined by the unit; or |
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(2) a family member or person otherwise closely |
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associated with a witness or prospective witness described by |
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Subdivision (1), if the unit determines that the family member or |
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person may be in danger of harm as a result of the witness's or |
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prospective witness's participation in the criminal case. |
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(b) The department may adopt rules necessary for the |
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establishment and administration of the unit, including rules |
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relating to: |
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(1) the types of cases for which the unit may protect a |
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witness or prospective witness; |
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(2) the process the unit will use to approve a request |
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for witness protection; |
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(3) the types of protection services the unit will |
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offer; and |
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(4) protocols that ensure the confidentiality and |
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security of witness information. |
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Sec. 411.0284. GIFTS, GRANTS, AND DONATIONS. The |
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department may solicit and accept gifts, grants, and donations from |
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any source for the purpose of implementing this subchapter. |
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Sec. 411.0285. IMMUNITY FROM LIABILITY. The department or |
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an authorized agent of the unit is not liable for damages resulting |
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from witness protection provided or a request for witness |
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protection denied under this subchapter. |
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Sec. 411.0286. PROSECUTING ATTORNEY TRAINING. (a) The |
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unit shall develop and provide a training course for prosecuting |
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attorneys and the prosecuting attorneys' designees regarding: |
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(1) witness protection procedures and best practices; |
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(2) the types of cases for which the unit may protect a |
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witness or prospective witness; and |
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(3) the process the unit will use to approve a request |
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for witness protection. |
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(b) To be qualified to request assistance from the unit, a |
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prosecuting attorney or a prosecuting attorney's designee must have |
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completed the training course described by Subsection (a). |
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(c) The department shall offer the training course |
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described by Subsection (a) at least once every two years. |
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SECTION 2. Not later than March 1, 2024, the Department of |
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Public Safety shall establish the witness protection unit under |
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Subchapter B-2, Chapter 411, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |