Bill Text: TX HB12 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the border prosecution unit.

Sponsorship: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB12 Detail]

Download: Texas-2015-HB12-Enrolled.html

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H.B. No. 12

AN ACT
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 [occurs in the border region
and that] undermines public safety or security, including an
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[:
[(A)] an international border; [or]
(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
[in a border region] who represents the state in the prosecution of
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