BILL ANALYSIS

Senate Research Center	S.B. 1861
89R12230 JCG-D	By: Hughes
	State Affairs
	4/22/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 1861 amends Subchapter C, Chapter 2A, Code of Criminal Procedure, to add Article 2A.112. This article defines "prosecuting attorney" as either a district attorney, criminal district attorney, or county attorney with criminal jurisdiction. A law enforcement agency that investigates an offense of election laws may present to the criminal court of appeals a report that includes the investigation's findings and a description of any evidence obtained during the investigation.

When this report is received, the court of criminal appeals shall appoint a special prosecutor to review the report and determine whether or not to bring a criminal action, or to request the law enforcement agency to further investigate.

In order for one to be eligible to be appointed as a special prosecutor, they must be a prosecuting attorney from an area that does not overlap with the jurisdiction of the law enforcement agency that presented the report (unless it is a statewide agency). Furthermore, they must have the appropriate experience to competently represent the state regarding the offense that is the subject of the report.

As proposed, S.B. 1861 amends current law relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases.

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 Subchapter C, Chapter 2A, Code of Criminal Procedure, by adding Article 2A.112, as follows:

Art. 2A.112. APPOINTMENT OF SPECIAL PROSECUTOR FOR CERTAIN CASES. (a) Defines "prosecuting attorney."

(b) Authorizes a law enforcement agency that investigates an offense prescribed by the election laws of this state to present to the court of criminal appeals a report that includes the investigation's findings and a description of any evidence obtained as a result of the investigation.

(c) Requires the court of criminal appeals, on receipt of a report under Subsection (b), to appoint a special prosecutor to:

(1) review the report; and

(2) make a determination to:

(A) bring a criminal action based on the report;

(B) decline to bring the action described by Paragraph (A); or

(C) request that the law enforcement agency pursue further investigation.

(d) Requires a person, to be eligible to be appointed as a special prosecutor under this article, to be a prosecuting attorney who serves an area that does not overlap with the area served by the law enforcement agency who presented the report, unless the law enforcement agency has statewide jurisdiction, and have the appropriate experience to ensure competent representation of the state in any legal proceeding with respect to the offense that is the subject of the report.

SECTION 2. Effective date: September 1, 2025.