87R3430 YDB-F
	By: Dutton	H.B. No. 970

	A BILL TO BE ENTITLED
	AN ACT
	relating to prosecutorial transparency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle C, Title 2, Government Code, is amended
	by adding Chapter 47 to read as follows:
	CHAPTER 47. PROSECUTORIAL TRANSPARENCY
	Sec. 47.0001.  DEFINITIONS. In this chapter:
	(1)  "Case number" means the unique number assigned to
	a criminal case associated with a charged offense.
	(2)  "Charge" means an accusation by a prosecutor's
	office that an individual committed an offense, including a
	violation of an ordinance, an offense punishable by fine only, a
	misdemeanor, or a felony brought by ticket, citation, information,
	complaint, indictment, or other charging instrument.
	(3)  "Disposition" means the action concluding the
	prosecution of a charge, including an entry of nolle prosequi,
	diversion, dismissal, dismissal as part of plea bargain, conviction
	as part of plea bargain, conviction at trial, or acquittal.
	(4)  "Office" means the Office of Court Administration
	of the Texas Judicial System.
	(5)  "Policy" means any formal or informal policy,
	procedure, guideline, manual, training material, direction,
	instruction, or other information that contains guidance for
	employees of a prosecutor's office.
	(6)  "Prosecutor" means a district attorney, criminal
	district attorney, county attorney performing the duties of a
	district attorney, or municipal prosecutor.
	(7)  "Unique identifier" means a randomly generated
	number assigned in place of a defendant's name.
	Sec. 47.0002.  INFORMATION COLLECTED AND MAINTAINED BY
	PROSECUTOR'S OFFICE. (a) Except as provided by this section, a
	prosecutor's office shall collect the following information, as
	applicable, for each case presented to the office:
	(1)  the case number;
	(2)  the indictment number;
	(3)  the docket number;
	(4)  the unique identifier;
	(5)  the defendant's race;
	(6)  the defendant's gender;
	(7)  the defendant's disability status, including, as
	applicable, the status of the defendant as having:
	(A)  an intellectual disability;
	(B)  a physical disability; or
	(C)  a sensory disability;
	(8)  the source of the information provided in
	Subdivision (7), including, as applicable:
	(A)  the defendant's advocate or attorney;
	(B)  observation by defense attorney; or
	(C)  another source;
	(9)  the date the offense was committed or incident
	occurred;
	(10)  the arrest date;
	(11)  the district, precinct, or neighborhood of the
	arrest;
	(12)  the primary arresting law enforcement agency;
	(13)  other governmental agencies involved in the
	arrest;
	(14)  the charges listed on the arresting law
	enforcement agency's paperwork;
	(15)  if the prosecutor declines to prosecute an
	alleged offense, the reason for that decision;
	(16)  any charges filed by the prosecutor;
	(17)  the name of the prosecutor who approved each
	filed charge;
	(18)  the defendant's eligibility for court-appointed
	counsel and the proceeding in which that determination was made;
	(19)  the arraignment date;
	(20)  the date the charge was modified;
	(21)  the charge following any modification;
	(22)  whether diversion was offered;
	(23)  the date diversion was offered;
	(24)  the judge's position on diversion if stated on the
	record;
	(25)  whether the defendant accepted any diversion
	offered;
	(26)  the diversion terms, including the amount of any
	fees the defendant is ordered to pay;
	(27)  whether the punishment for the offense prescribes
	a mandatory minimum sentence;
	(28)  whether the offense charged was eligible for
	punishment by death sentence;
	(29)  the prosecutor's recommendation on the amount of
	bail or bond, including release conditions;
	(30)  whether bail or bond was imposed on the
	defendant;
	(31)  whether bond was secured, unsecured, or payable
	from another type of arrangement;
	(32)  the date bail or bond was imposed;
	(33)  any court-ordered release conditions;
	(34)  the dates and length of any pretrial detention
	the defendant served;
	(35)  whether a risk assessment or other quantitative
	tool was used in determining pretrial detention or the amount of
	bail or bond and, if used:
	(A)  the name of the office or agency that
	conducted the assessment; and
	(B)  the name of offices, agencies, individuals,
	or attorneys that received the assessment results;
	(36)  whether any statutory or constitutional rights of
	defendants were waived by stipulation or in the court's record and,
	if waived:
	(A)  the dates of the waiver;
	(B)  the rights waived; and
	(C)  whether and which rights were waived as a
	condition of a plea bargain;
	(37)  whether a plea was offered;
	(38)  whether a time limit for acceptance was included
	with a plea offer;
	(39)  the terms of all pleas offered to the defendant,
	including:
	(A)  any charges dismissed;
	(B)  the sentence ranges for charges dismissed;
	(C)  the charges included in the plea;
	(D)  the sentence ranges for charges included in
	the plea;
	(E)  any charges included in the plea but not
	included in the convicted offenses; and
	(F)  any punishment or sentence offered for
	accepting the plea;
	(40)  whether the plea was accepted or rejected;
	(41)  whether discovery was disclosed to the defense or
	defendant before the plea;
	(42)  the date discovery was disclosed to the defense
	or defendant;
	(43)  the judges presiding over pretrial proceedings;
	(44)  the case's disposition, including:
	(A)  whether the case or charges were dismissed by
	the prosecutor or dismissed on the motion of the prosecutor and the
	reason for the dismissal;
	(B)  the offenses of which the defendant was
	convicted;
	(C)  if the defendant was convicted, whether by
	plea, jury trial, or bench trial; and
	(D)  if a judge dismisses the case, the reason for
	the dismissal;
	(45)  the presiding judge at disposition;
	(46)  the disposition date;
	(47)  the sentence type, including fines, probation,
	suspended sentences, and incarceration;
	(48)  the sentence length;
	(49)  the presiding judge at sentencing;
	(50)  the supervision terms;
	(51)  any services required or provided to the defense
	or defendant;
	(52)  any fines, reimbursement fees, or court costs
	imposed; and
	(53)  any forfeiture of property required.
	(b)  The prosecutor's office shall maintain a record of the
	information required by Subsection (a) for each case until at least
	the 10th anniversary of the date the alleged offense for the case
	was committed.
	(c)  The prosecutor's office shall collect all office
	policies, including policies related to the following:
	(1)  case dismissal and charging of offenses;
	(2)  bail;
	(3)  sentencing;
	(4)  plea bargains;
	(5)  grand jury practices;
	(6)  discovery practices;
	(7)  witness treatment, including the timing and
	procedures to procure material witness warrants;
	(8)  the procedure for deciding whether to prosecute
	juveniles as adults;
	(9)  the manner in which fines, reimbursement fees, and
	court costs are assessed;
	(10)  asset forfeiture practices;
	(11)  mental health screening and history;
	(12)  substance abuse screening and history;
	(13)  domestic violence survivors;
	(14)  diversion practices;
	(15)  human resources, including hiring, evaluation,
	firing, promotion, and rotation among divisions or units in the
	prosecutor's office;
	(16)  internal discipline and related procedures;
	(17)  victim services;
	(18)  restorative justice programs;
	(19)  office trainings offered in the prosecutor's
	office in the preceding year;
	(20)  procedures for tracking and responding to
	incarcerated individuals' applications for parole or resentencing;
	and
	(21)  vulnerable populations, including members of the
	immigrant, lesbian, gay, bisexual, transgender, or queer
	communities.
	(d)  The prosecutor's office shall collect the following
	information for each attorney employed in the office with the name
	and other personally identifying information redacted or otherwise
	ensuring the anonymity of the attorney:
	(1)  age;
	(2)  gender;
	(3)  race;
	(4)  date hired;
	(5)  title; and
	(6)  disciplinary history.
	(e)  The prosecutor's office must collect the following
	information:
	(1)  the number of attorneys on staff;
	(2)  the average number of cases handled by an attorney
	each year;
	(3)  the number of attorneys who worked for the office
	in a temporary or contract capacity during the preceding calendar
	year;
	(4)  the number of paralegals and administrative staff
	employed by the office;
	(5)  the number of investigators who provided services
	to the office during the preceding calendar year;
	(6)  the number of experts who provided services to the
	office during the preceding calendar year; and
	(7)  the number of peace officers or detectives who
	work directly for the prosecutor's office.
	Sec. 47.0003.  PUBLIC POSTING REQUIREMENTS FOR CERTAIN
	INFORMATION. (a) A prosecutor's office shall make publicly
	available the information required by Sections 47.0002(c)-(e) by:
	(1)  posting the information on the office's Internet
	website; and
	(2)  otherwise making the information available on
	request.
	(b)  The information made available under Subsection (a)
	must include the effective date of each policy or the date the
	information was gathered. The prosecutor's office at least
	annually shall post revised or newly drafted policies or newly
	collected information.
	(c)  A prosecutor's office that does not maintain a policy
	related to a topic listed in Section 47.0002(c) shall affirmatively
	disclose that fact.
	Sec. 47.0004.  REPORT OF CERTAIN INFORMATION TO OFFICE.  (a)
	The office shall:
	(1)  establish a uniform and consistent method for a
	prosecutor's office to transmit the information required under
	Section 47.0002(a) to the office; and
	(2)  develop an implementation schedule and plan for
	all prosecutors' offices in this state to report the information
	required under Section 47.0002(a), which may include, as determined
	by the office, a staggered implementation that prioritizes a subset
	of the information or prioritizes reporting by prosecutors' offices
	from counties with the largest populations.
	(b)  In accordance with Subsection (a), on or before January
	31 of each year, a prosecutor's office shall transmit required
	information for the preceding calendar year that does not contain
	any personally identifying information about an individual
	arrested or prosecuted to the office.
	Sec. 47.0005.  USE OF INFORMATION TRANSMITTED TO OFFICE.
	The office shall:
	(1)  on May 1 of each year, publish on the office's
	Internet website the information received from all prosecutors'
	offices under Section 47.0004 in an open electronic format that is
	machine-readable, machine-searchable, and readily accessible to
	the public, provided the information does not contain personally
	identifying information about any individual arrested or
	prosecuted;
	(2)  on September 1 of each year, issue a report
	analyzing the information received from all prosecutors' offices
	that compares and contrasts the practices and trends among
	prosecutors' offices in this state and identifies any prosecutors'
	offices that are not in compliance with this chapter;
	(3)  biannually publish issue-specific reports with
	more in-depth analysis of one or more areas of prosecutorial
	decision-making; and
	(4)  annually publish at least one report focusing on
	racial disparities in prosecutorial decision-making.
	Sec. 47.0006.  ADVISORY BOARD. (a) An advisory board is
	established to advise the office under this chapter. The advisory
	board shall meet at least quarterly with the office to provide
	comments and guidance to the office on any draft rules, policies,
	plans, reports, or other decisions made by the office related to
	this chapter.
	(b)  The advisory board:
	(1)  is composed of at least seven members, appointed
	by the governor; and
	(2)  must include at least:
	(A)  two members who are public defenders or other
	criminal defense attorneys; and
	(B)  two members with direct experience as
	criminal defendants prosecuted under this state's criminal justice
	system.
	(c)  An advisory board member is not entitled to compensation
	for service on the advisory board.
	Sec. 47.0007.  NONCOMPLIANCE. Notwithstanding any other
	law, if the office determines that a prosecutor's office is not in
	compliance with this chapter, the prosecutor's office is ineligible
	to receive funding from this state's general revenue fund or other
	fund or any state grant program administered by the attorney
	general or other entity controlling grants to the prosecutor's
	office. The office shall inform the comptroller and the
	Legislative Budget Board of the ineligibility. Eligibility for
	funding may be restored only after:
	(1)  the prosecutor's office fully complies with this
	chapter and provides the required information; and
	(2)  the office certifies that the prosecutor's office
	is in compliance with this chapter.
	Sec. 47.0008.  RELATION TO PUBLIC RECORDS ACTS. (a)
	Notwithstanding any other law, a prosecutor's office that is in
	compliance with this chapter and that receives a request for
	information under Chapter 552 that the prosecutor's office
	reasonably and in good faith believes can be satisfied by reference
	to information publicly available under this chapter may satisfy
	the obligation under Chapter 552 by referring the requesting party
	to the Internet website that contains the information. The
	prosecutor's office is not required to otherwise collect and
	disclose the requested information.
	(b)  A requesting party that does not agree that the party's
	request can be satisfied with information collected under this
	chapter and published on the relevant website may file suit in
	accordance with Chapter 552 to compel disclosure.
	SECTION 2.  (a) Not later than December 1, 2021, the
	governor shall make the initial appointments to the advisory board
	established under Section 47.0006, Government Code, as added by
	this Act.
	(b)  Not later than March 1, 2022, a prosecutor's office
	shall post on the Internet website for the office the initial
	information as required by Section 47.0003, Government Code, as
	added by this Act.
	(c)  Not later than September 1, 2022, the Office of Court
	Administration of the Texas Judicial System shall make the
	determinations required under Section 47.0004(a), Government Code,
	as added by this Act.
	(d)  Not later than May 1, 2023, the Office of Court
	Administration of the Texas Judicial System shall post on the
	office's Internet website the initial information required under
	Section 47.0005(1), Government Code, as added by this Act.
	(e)  Not later than September 1, 2023, the Office of Court
	Administration of the Texas Judicial System shall produce the
	initial reports required under Sections 47.0005(2), (3), and (4),
	Government Code, as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2021.