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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a special prosecutor by the court of |
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criminal appeals for certain criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 2A, Code of Criminal |
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Procedure, is amended by adding Article 2A.112 to read as follows: |
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Art. 2A.112. APPOINTMENT OF SPECIAL PROSECUTOR FOR CERTAIN |
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CASES. (a) In this article, "prosecuting attorney" means a |
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district attorney, criminal district attorney, or county attorney |
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with criminal jurisdiction. |
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(b) A law enforcement agency that investigates an offense |
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prescribed by the election laws of this state may present to the |
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court of criminal appeals a report that includes the |
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investigation's findings and a description of any evidence obtained |
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as a result of the investigation. |
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(c) On receipt of a report under Subsection (b), the court |
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of criminal appeals shall appoint a special prosecutor to: |
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(1) review the report; and |
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(2) make a determination to: |
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(A) bring a criminal action based on the report; |
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(B) decline to bring the action described by |
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Paragraph (A); or |
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(C) request that the law enforcement agency |
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pursue further investigation. |
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(d) To be eligible to be appointed as a special prosecutor |
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under this article, a person must: |
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(1) be a prosecuting attorney who serves an area that |
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does not overlap with the area served by the law enforcement agency |
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who presented the report, unless the law enforcement agency has |
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statewide jurisdiction; and |
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(2) have the appropriate experience to ensure |
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competent representation of the state in any legal proceeding with |
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respect to the offense that is the subject of the report. |
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SECTION 2. This Act takes effect September 1, 2025. |
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