Bill Text: TX SB1293 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a prohibition on requiring a gift or grant to be made to a district or county attorney or a commissioners court as a condition of a defendant's pretrial intervention agreement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-13 - Referred to State Affairs [SB1293 Detail]
Download: Texas-2017-SB1293-Introduced.html
| 85R6467 MK-D | ||
| By: Buckingham | S.B. No. 1293 | |
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| relating to a prohibition on requiring a gift or grant to be made to | ||
| a district or county attorney or a commissioners court as a | ||
| condition of a defendant's pretrial intervention agreement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 41, Government Code, is | ||
| amended by adding Section 41.016 to read as follows: | ||
| Sec. 41.016. REQUEST FOR GIFTS AND GRANTS FOR CERTAIN | ||
| PURPOSES PROHIBITED. (a) In this section: | ||
| (1) "Pretrial intervention agreement" includes an | ||
| agreement for the dismissal or reduction of a defendant's criminal | ||
| charges. | ||
| (2) "Prosecutor" means a county attorney, district | ||
| attorney, criminal district attorney, assistant county attorney, | ||
| assistant district attorney, or assistant criminal district | ||
| attorney. | ||
| (b) A prosecutor or a commissioners court may not include as | ||
| a condition in a pretrial intervention agreement that the defendant | ||
| or a person acting on behalf of the defendant make a gift or grant to | ||
| the office or the court. | ||
| (c) Soliciting or accepting a gift or grant in connection | ||
| with a defendant's pretrial intervention agreement constitutes a | ||
| violation of Section 36.06(a)(2), Penal Code. | ||
| SECTION 2. Subchapter B, Chapter 45, Government Code, is | ||
| amended by adding Section 45.101 to read as follows: | ||
| Sec. 45.101. REQUEST FOR GIFT OR GRANT FOR CERTAIN PURPOSES | ||
| PROHIBITED. (a) For purposes of this subchapter, a county attorney | ||
| who is authorized to accept gifts or grants for the purpose of | ||
| assisting the operation of the office of county attorney may not | ||
| request or accept a gift or grant: | ||
| (1) as a condition of a defendant's pretrial | ||
| intervention agreement; or | ||
| (2) in exchange for the dismissal or reduction of | ||
| criminal charges brought against the defendant. | ||
| (b) A violation of this section constitutes a violation of | ||
| Section 36.06(a)(2), Penal Code. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
