Bill Text: TX HB12 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the border prosecution unit.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB12 Detail]
Download: Texas-2015-HB12-Enrolled.html
H.B. No. 12 |
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relating to the border prosecution unit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 772, Government Code, is amended by | ||
designating Sections 772.001, 772.002, 772.003, 772.004, 772.005, | ||
772.006, 772.0061, 772.007, 772.0071, 772.008, 772.009, 772.010 as | ||
reenacted and amended by Chapter 1215 (H.B. 925), Acts of the 79th | ||
Legislature, Regular Session, 2005, 772.010 as added by Chapter 429 | ||
(S.B. 1136), Acts of the 76th Legislature, Regular Session, 1999, | ||
772.010 as added by Chapter 1339 (H.B. 564), Acts of the 76th | ||
Legislature, Regular Session, 1999, 772.0101, 772.0102, and | ||
772.011 as Subchapter A and adding a subchapter heading to read as | ||
follows: | ||
SUBCHAPTER A. PLANNING ENTITIES | ||
SECTION 2. Sections 772.0071(a)(1), (2), and (4), | ||
Government Code, are amended to read as follows: | ||
(1) "Border crime" means any crime involving | ||
transnational criminal activity that [ |
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offense: | ||
(A) during the prosecution of which an | ||
affirmative finding may be requested under Section 3g(a)(2), | ||
Article 42.12, Code of Criminal Procedure; | ||
(B) under Chapter 19, 20, 20A, 21, 22, 46, 47, or | ||
71, Penal Code; | ||
(C) under Title 7 or 8, Penal Code; | ||
(D) under Chapter 481, Health and Safety Code; | ||
(E) committed by a person who is not a citizen or | ||
national of the United States and is not lawfully present in the | ||
United States; or | ||
(F) that is coordinated with or related to | ||
activities or crimes that occur or are committed in the United | ||
Mexican States. | ||
(2) "Border region" means the portion of this state | ||
that is located in a county that: | ||
(A) is adjacent to[ |
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(B) is adjacent to a county described by | ||
Paragraph (A); or | ||
(C) is served by a prosecuting attorney whose | ||
jurisdiction includes a county described by Paragraph (A) or (B). | ||
(4) "Eligible prosecuting attorney" means an attorney | ||
[ |
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felonies and who: | ||
(A) serves a county located in the border region; | ||
or | ||
(B) serves a county or counties that the criminal | ||
justice division determines to be significantly affected by border | ||
crime. | ||
SECTION 3. Chapter 772, Government Code, is amended by | ||
adding Subchapter B to read as follows: | ||
SUBCHAPTER B. BORDER PROSECUTION UNIT | ||
Sec. 772.051. DEFINITIONS. In this subchapter: | ||
(1) "Border crime" and "border region" have the | ||
meanings assigned by Section 772.0071. | ||
(2) "Border prosecuting attorney" means a prosecuting | ||
attorney in a border region who represents the state in the | ||
prosecution of felony border crimes. | ||
(3) "Criminal justice division" means the criminal | ||
justice division established under Section 772.006. | ||
(4) "Prosecuting attorney" means a district attorney, | ||
criminal district attorney, or county attorney with felony criminal | ||
jurisdiction. | ||
(5) "Unit" means the border prosecution unit. | ||
Sec. 772.052. GENERAL FUNCTION OF BORDER PROSECUTION UNIT. | ||
The governor shall establish the border prosecution unit within the | ||
criminal justice division to cooperate with and support members of | ||
the unit in prosecuting border crime. | ||
Sec. 772.053. MEMBERSHIP. (a) The unit is composed of the | ||
following prosecuting attorneys: | ||
(1) the district attorney for the 34th Judicial | ||
District; | ||
(2) the district attorney for the 38th Judicial | ||
District; | ||
(3) the district attorney for the 49th Judicial | ||
District; | ||
(4) the district attorney for the 63rd Judicial | ||
District; | ||
(5) the district attorney for the 79th Judicial | ||
District; | ||
(6) the district attorney for the 81st Judicial | ||
District; | ||
(7) the district attorney for the 83rd Judicial | ||
District; | ||
(8) the district attorney for the 112th Judicial | ||
District; | ||
(9) the district attorney for the 143rd Judicial | ||
District; | ||
(10) the district attorney for the 156th Judicial | ||
District; | ||
(11) the district attorney for the 229th Judicial | ||
District; | ||
(12) the district attorney for the 293rd Judicial | ||
District; | ||
(13) the district attorney for the 452nd Judicial | ||
District; | ||
(14) the criminal district attorney for Hidalgo | ||
County; | ||
(15) the county attorney with felony criminal | ||
jurisdiction for Cameron County; | ||
(16) the district attorney for Kleberg and Kenedy | ||
Counties; | ||
(17) the county attorney with felony criminal | ||
jurisdiction for Willacy County; and | ||
(18) any other prosecuting attorney who represents the | ||
state in the prosecution of felonies for a judicial district that is | ||
created by the legislature in the border region or who receives a | ||
grant under the prosecution of border crime grant program | ||
established under Section 772.0071. | ||
(b) A prosecuting attorney described by Subsection (a) | ||
shall serve on the unit in addition to the other duties of the | ||
prosecuting attorney assigned by law. | ||
(c) Each member of the unit shall enter into a memorandum of | ||
understanding with the criminal justice division to collaborate and | ||
cooperate in the prosecution of border crime. | ||
Sec. 772.054. OFFICERS. (a) The unit, on a majority vote, | ||
shall elect from among its membership a presiding officer and an | ||
assistant presiding officer. | ||
(b) The presiding officer and the assistant presiding | ||
officer serve terms of one year. | ||
(c) The assistant presiding officer serves as presiding | ||
officer in the presiding officer's absence or if a vacancy occurs in | ||
that office until a new presiding officer is elected as provided by | ||
Subsection (d). | ||
(d) If a vacancy occurs in the office of presiding officer | ||
or assistant presiding officer before the end of the vacating | ||
officer's term, the unit shall elect a person to serve the remainder | ||
of the term. | ||
Sec. 772.055. REIMBURSEMENT FOR EXPENSES. A member of the | ||
unit is not entitled to compensation for service on the unit but is | ||
entitled to be reimbursed for necessary expenses incurred in | ||
carrying out the duties and responsibilities of a member of the unit | ||
as provided by the General Appropriations Act. | ||
Sec. 772.056. DUTIES OF UNIT. (a) The unit shall meet at | ||
least once annually to provide the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and the | ||
members of the legislature with information regarding: | ||
(1) the status of border crime and its effect on | ||
prosecutorial resources; | ||
(2) the border crimes prosecuted by members of the | ||
unit; and | ||
(3) the number of border crimes that are committed by a | ||
person who is not lawfully present in the United States. | ||
(b) The unit shall advise the criminal justice division on: | ||
(1) the allocation of grants under the prosecution of | ||
border crime grant program established under Section 772.0071; | ||
(2) the division of the border region into two or more | ||
subregions for training purposes; and | ||
(3) any additional prosecutorial needs of the border | ||
prosecuting attorneys, including a need for the employment of | ||
regional counsel described by Section 772.057 to assist with the | ||
prosecution of border crimes. | ||
(c) The unit shall facilitate the coordination and | ||
collaboration of the border prosecuting attorneys with any regional | ||
counsel described by Section 772.057 and with other law enforcement | ||
agencies, including the Department of Public Safety, in the | ||
investigation and prosecution of border crime. | ||
(d) The unit shall develop a nonexclusive list of offenses | ||
not otherwise described by Section 772.0071(a)(1) that constitute | ||
border crime to provide guidance and enhance uniformity in the | ||
investigation and prosecution of border crime. | ||
(e) The unit shall serve as a clearinghouse for information | ||
related to the investigation and prosecution of border crime and | ||
shall develop best practices and guidelines, including best | ||
practices for the collection and protection of confidential law | ||
enforcement information. | ||
(f) The unit shall assist in developing a training program | ||
and providing training to members of the unit and law enforcement | ||
agencies in the border region on specific issues and techniques | ||
relating to the investigation and prosecution of border crime. | ||
(g) The unit shall develop accountability and performance | ||
measures for members of the unit who receive a grant under the | ||
prosecution of border crime grant program established under Section | ||
772.0071. | ||
Sec. 772.057. DUTIES OF REGIONAL COUNSEL. (a) An attorney | ||
employed by a border prosecuting attorney as regional counsel shall | ||
assist the border prosecuting attorneys and other regional counsel, | ||
as needed, in: | ||
(1) the prosecution of border crime; | ||
(2) the screening of cases involving border crime; | ||
(3) the presenting of cases involving border crime to | ||
a grand jury; and | ||
(4) the preparation and trial of cases involving | ||
border crime. | ||
(b) The regional counsel shall serve as a liaison between | ||
the unit and other criminal justice entities, including the | ||
Department of Public Safety and federal, state, and local | ||
prosecutors and law enforcement agencies located in the border | ||
region, by: | ||
(1) working closely with those entities, as needed, to | ||
coordinate and assist in the investigation and prosecution of | ||
border crime; and | ||
(2) attending multiagency task force hearings and | ||
meetings held by federal, state, and local prosecutors and law | ||
enforcement agencies on the investigation and prosecution of border | ||
crime. | ||
(c) The regional counsel shall provide legal and technical | ||
assistance to law enforcement agencies investigating border crime, | ||
including by: | ||
(1) providing legal advice and recommendations | ||
regarding Fourth Amendment search and seizure issues, relevant | ||
statutes, and case law; | ||
(2) drafting and reviewing affidavits requesting the | ||
issuance of search warrants, wiretap orders, pen register and trap | ||
and trace orders, mobile tracking device orders, and similar court | ||
orders; and | ||
(3) drafting requests for court orders authorizing: | ||
(A) the interception of oral, wire, and | ||
electronic communications; | ||
(B) the installation and use of a pen register or | ||
trap and trace device; | ||
(C) the disclosure of subscriber or customer | ||
records and information; and | ||
(D) other similar court orders that are required | ||
to be filed by a prosecutor. | ||
(d) The regional counsel shall coordinate training with the | ||
unit for border prosecuting attorneys and law enforcement agencies, | ||
including by: | ||
(1) assisting in identifying training needs in the | ||
county or subregion, if any is created, in which the border | ||
prosecuting attorney's office or the agency is located; | ||
(2) assisting in the development of training curricula | ||
and guidelines for the investigation and prosecution of border | ||
crime; and | ||
(3) participating in and hosting training | ||
presentations and sessions in each subregion, if any is created. | ||
(e) The regional counsel shall provide legal and technical | ||
assistance to border prosecuting attorneys, including by: | ||
(1) performing legal research relating to | ||
investigating and prosecuting border crime, if requested; and | ||
(2) coordinating with border prosecuting attorneys | ||
and law enforcement agencies to identify experts in the | ||
investigation and prosecution of complex, long-term cases against | ||
organized criminal enterprises. | ||
Sec. 772.058. GIFTS AND GRANTS. The criminal justice | ||
division may apply for and accept gifts, grants, and donations from | ||
any organization described in Section 501(c)(3) or (4) of the | ||
Internal Revenue Code of 1986 for the purposes of funding any | ||
activity of the unit under this subchapter. The criminal justice | ||
division may apply for and accept grants under federal and state | ||
programs. | ||
SECTION 4. Section 772.0071(d), Government Code, is | ||
repealed. | ||
SECTION 5. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 12 was passed by the House on April 9, | ||
2015, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 12 on May 29, 2015, by the following vote: Yeas 141, Nays 3, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 12 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |