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R E S O L U T I O N
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BE IT RESOLVED by the Senate of the State of Texas, 88th |
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Legislature, Regular Session, 2023, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on House |
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Bill 17 (official misconduct by and removal of prosecuting |
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attorneys) to consider and take action on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed SECTION 1 of the bill, by |
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adding to the definition of "official misconduct" in added Sections |
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87.011(3)(B) and (C), Local Government Code, a prosecuting |
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attorney's adoption or enforcement of a policy instructing "law |
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enforcement to refuse to arrest individuals suspected of committing |
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a class or type of offense under state law". |
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Explanation: The change is necessary to ensure that a |
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prosecuting attorney may not avoid committing official misconduct, |
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as defined and amended by the bill, by instructing law enforcement |
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to refuse to arrest individuals whom the attorney is prohibited |
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from refusing to prosecute. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following new SECTION to |
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the bill: |
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SECTION 2. Subchapter B, Chapter 87, Local Government Code, |
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is amended by adding Section 87.0131 to read as follows: |
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Sec. 87.0131. DEFENSE IN CERTAIN CASES. It is a defense in |
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an action alleging a prosecuting attorney committed official |
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misconduct described by Section 87.011(3)(C) that the prosecuting |
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attorney took action immediately on discovering an attorney |
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employed by or otherwise under the direction or control of the |
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prosecuting attorney was acting as described by Section |
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87.011(3)(C). |
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Explanation: The change is necessary to provide a defense |
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in a removal action alleging certain official misconduct committed |
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by a prosecuting attorney, if the attorney took immediate action on |
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discovering the misconduct was occurring. |