Bill Text: TX SB839 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the creation of a witness protection unit within the Department of Public Safety.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2023-05-02 - Not again placed on intent calendar [SB839 Detail]
Download: Texas-2023-SB839-Comm_Sub.html
| By: West | S.B. No. 839 | |
| (In the Senate - Filed February 10, 2023; March 1, 2023, | ||
| read first time and referred to Committee on Criminal Justice; | ||
| April 11, 2023, reported adversely, with favorable Committee | ||
| Substitute by the following vote: Yeas 4, Nays 1, two present not | ||
| voting; April 11, 2023, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 839 | By: Whitmire | |
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| relating to the creation of a witness protection unit within the | ||
| Department of Public Safety. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 411, Government Code, is amended by | ||
| adding Subchapter B-2 to read as follows: | ||
| SUBCHAPTER B-2. WITNESS PROTECTION UNIT | ||
| Sec. 411.0281. DEFINITIONS. In this subchapter: | ||
| (1) "Prosecuting attorney" has the meaning assigned | ||
| under Section 411.0251. | ||
| (2) "Unit" and "witness protection unit" mean the | ||
| witness protection unit established under Section 411.0282. | ||
| Sec. 411.0282. ESTABLISHMENT OF UNIT. (a) The department | ||
| shall establish and support a witness protection unit. | ||
| (b) The director shall direct the administration and | ||
| oversight of the witness protection unit, including the unit's | ||
| organization within the department. | ||
| Sec. 411.0283. PURPOSE AND DUTIES. (a) On receiving a | ||
| request from a prosecuting attorney or a prosecuting attorney's | ||
| designee qualified under Section 411.0286(b) to make such a | ||
| request, the unit may provide for the relocation or other | ||
| protection of: | ||
| (1) a witness or prospective witness in a criminal | ||
| case in this state: | ||
| (A) for an offense punishable as a first degree | ||
| or capital felony; or | ||
| (B) in which the witness or prospective witness | ||
| is likely to be subject to obstruction or retaliation under Section | ||
| 36.06, Penal Code, as determined by the unit; or | ||
| (2) a family member or person otherwise closely | ||
| associated with a witness or prospective witness described by | ||
| Subdivision (1), if the unit determines that the family member or | ||
| person may be in danger of harm as a result of the witness's or | ||
| prospective witness's participation in the criminal case. | ||
| (b) The department may adopt rules necessary for the | ||
| establishment and administration of the unit, including rules | ||
| relating to: | ||
| (1) the types of cases for which the unit may protect a | ||
| witness or prospective witness; | ||
| (2) the process the unit will use to approve a request | ||
| for witness protection; | ||
| (3) the types of protection services the unit will | ||
| offer; and | ||
| (4) protocols that ensure the confidentiality and | ||
| security of witness information. | ||
| Sec. 411.0284. GIFTS, GRANTS, AND DONATIONS. The | ||
| department may solicit and accept gifts, grants, and donations from | ||
| any source for the purpose of implementing this subchapter. | ||
| Sec. 411.0285. IMMUNITY FROM LIABILITY. The department or | ||
| an authorized agent of the unit is not liable for damages resulting | ||
| from witness protection provided or a request for witness | ||
| protection denied under this subchapter. | ||
| Sec. 411.0286. PROSECUTING ATTORNEY TRAINING. (a) The | ||
| unit shall develop and provide a training course for prosecuting | ||
| attorneys and the prosecuting attorneys' designees regarding: | ||
| (1) witness protection procedures and best practices; | ||
| (2) the types of cases for which the unit may protect a | ||
| witness or prospective witness; and | ||
| (3) the process the unit will use to approve a request | ||
| for witness protection. | ||
| (b) To be qualified to request assistance from the unit, a | ||
| prosecuting attorney or a prosecuting attorney's designee must have | ||
| completed the training course described by Subsection (a). | ||
| (c) The department shall offer the training course | ||
| described by Subsection (a) at least once every two years. | ||
| SECTION 2. Not later than March 1, 2024, the Department of | ||
| Public Safety shall establish the witness protection unit under | ||
| Subchapter B-2, Chapter 411, Government Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
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