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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of a criminal case by the attorney |
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representing the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 32.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 32.02. DISMISSAL BY STATE'S ATTORNEY. (a) The |
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attorney representing the state [State] may, by permission of the |
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court, dismiss a criminal action at any time upon filing a written |
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statement with the papers in the case. |
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(b) A statement of dismissal filed under this article must: |
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(1) [setting out his reasons for such dismissal, which |
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shall] be incorporated in the judgment of dismissal; and |
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(2) set out the attorney representing the state's |
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specific reasons for the dismissal, including lack of evidence or |
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actual innocence. |
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(c) If the specific reason for a dismissal set out under |
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Subsection (b)(2) is the misconduct of a law enforcement officer, |
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the attorney representing the state shall: |
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(1) include in the papers in the case any information |
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relating to the misconduct; |
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(2) refer the matter to the law enforcement agency |
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employing the officer for internal review; and |
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(3) consider whether the filing of a criminal charge |
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against the officer is appropriate or refer the matter to the |
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appropriate attorney representing the state for that |
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consideration. |
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(d) No case shall be dismissed under this article without |
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the consent of the presiding judge. |
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SECTION 2. The change in law made by this Act applies only |
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to the dismissal of a criminal action that occurs on or after the |
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effective date of this Act. A dismissal that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date of the dismissal, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |