Bill Text: TX HB854 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the appointment by the attorney general of a special prosecutor to prosecute certain offenses that are committed by certain peace officers and that result in serious bodily injury or death.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB854 Detail]
Download: Texas-2017-HB854-Introduced.html
| 85R3596 KJE-F | ||
| By: Reynolds | H.B. No. 854 | |
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| relating to the appointment by the attorney general of a special | ||
| prosecutor to prosecute certain offenses that are committed by | ||
| certain peace officers and that result in serious bodily injury or | ||
| death. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.081 to read as follows: | ||
| Art. 2.081. APPOINTMENT OF SPECIAL PROSECUTOR FOR | ||
| OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article: | ||
| (1) "Local law enforcement agency" means an agency of | ||
| a political subdivision of the state authorized by law to employ | ||
| peace officers. | ||
| (2) "Officer-involved injury or death" means any | ||
| serious bodily injury or death caused by a peace officer acting | ||
| under the authority of a political subdivision of the state. | ||
| (3) "Prosecuting attorney" means a district attorney, | ||
| criminal district attorney, or county attorney. | ||
| (4) "Serious bodily injury" has the meaning assigned | ||
| by Section 1.07, Penal Code. | ||
| (b) With respect to any offense arising out of an | ||
| officer-involved injury or death, a prosecuting attorney is | ||
| disqualified from prosecuting a peace officer who is employed by a | ||
| political subdivision of this state that is also served by the | ||
| attorney. | ||
| (c) As soon as practicable after an officer-involved injury | ||
| or death, the local law enforcement agency employing the peace | ||
| officer or officers involved shall report the incident to the | ||
| attorney general. | ||
| (d) Notwithstanding Article 2.07(a), the attorney general | ||
| shall appoint a special prosecutor to perform the duties of a | ||
| prosecuting attorney in a case for which the prosecuting attorney | ||
| is disqualified under Subsection (b). Except as provided by | ||
| Subsection (e), the special prosecutor must be a duly elected | ||
| prosecuting attorney for a county that is adjacent to the county | ||
| served by the prosecuting attorney who is disqualified under | ||
| Subsection (b) from prosecuting the offense arising out of an | ||
| officer-involved injury or death. | ||
| (e) A duly elected prosecuting attorney appointed as | ||
| special prosecutor under Subsection (d) may decline the appointment | ||
| by providing written notice to the attorney general stating why it | ||
| is impracticable for the attorney to prosecute the case. If each | ||
| duly elected prosecuting attorney described by Subsection (d) | ||
| declines the appointment as permitted by this subsection, the | ||
| attorney general may appoint as special prosecutor any duly elected | ||
| prosecuting attorney who is not otherwise disqualified from | ||
| prosecuting the offense arising out of an officer-involved injury | ||
| or death. | ||
| (f) A local law enforcement agency that submits a report | ||
| under Subsection (c) shall cooperate with the special prosecutor | ||
| appointed by the attorney general under this article in the | ||
| prosecution of any offense arising out of an officer-involved | ||
| injury or death. | ||
| SECTION 2. (a) Not later than January 1, 2018, each local | ||
| law enforcement agency shall comply with the requirements under | ||
| Article 2.081, Code of Criminal Procedure, as added by this Act. | ||
| (b) Article 2.081, Code of Criminal Procedure, as added by | ||
| this Act, applies only to the prosecution of an offense arising out | ||
| of an officer-involved injury or death commencing on or after | ||
| January 1, 2018. The prosecution of an offense arising out of an | ||
| officer-involved injury or death commencing before January 1, 2018, | ||
| is governed by the law in effect on the date the prosecution | ||
| commenced, and the former law is continued in effect for that | ||
| purpose. For purposes of this subsection, "officer-involved injury | ||
| or death" has the meaning assigned by Article 2.081(a), Code of | ||
| Criminal Procedure, as added by this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
