Bill Text: TX SB20 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2023-04-17 - Referred to Criminal Jurisprudence [SB20 Detail]
Download: Texas-2023-SB20-Introduced.html
Bill Title: Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2023-04-17 - Referred to Criminal Jurisprudence [SB20 Detail]
Download: Texas-2023-SB20-Introduced.html
| 88R14892 JCG-D | ||
| By: Huffman, Parker | S.B. No. 20 | |
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| relating to the enforcement of criminal offenses by district | ||
| attorneys, criminal district attorneys, and county attorneys. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 87, Local Government Code, | ||
| is amended by adding Section 87.0135 to read as follows: | ||
| Sec. 87.0135. OFFICIAL MISCONDUCT GROUNDS: POLICY OF | ||
| NONENFORCEMENT OF CRIMINAL OFFENSES. (a) In this section: | ||
| (1) "Policy" includes a formal, written rule or policy | ||
| and an informal, unwritten policy. | ||
| (2) "Prosecuting attorney" means a district attorney | ||
| or a county attorney with criminal jurisdiction. | ||
| (b) A prosecuting attorney may not: | ||
| (1) adopt or enforce a policy under which the | ||
| prosecuting attorney prohibits or materially limits the | ||
| enforcement of any criminal offense; or | ||
| (2) as demonstrated by pattern or practice, prohibit | ||
| or materially limit the enforcement of any criminal offense. | ||
| (c) In compliance with Subsection (b), a prosecuting | ||
| attorney may not prohibit or materially limit a peace officer or | ||
| attorney who is employed by or otherwise under the direction or | ||
| control of the prosecuting attorney from enforcing any criminal | ||
| offense. | ||
| (d) A prosecuting attorney who violates this section | ||
| commits official misconduct for purposes of removal under this | ||
| subchapter. | ||
| SECTION 2. 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, 2023. | ||
