85R6467 MK-D
	By: Buckingham	S.B. No. 1293

	A BILL TO BE ENTITLED
	AN ACT
	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.