Bill Text: TX HB1369 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of a special prosecution division in the office of the attorney general to investigate and prosecute peace officer misconduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-26 - Left pending in committee [HB1369 Detail]
Download: Texas-2015-HB1369-Introduced.html
| 84R5226 KJE-D | ||
| By: Dutton | H.B. No. 1369 | |
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| relating to the creation of a special prosecution division in the | ||
| office of the attorney general to investigate and prosecute peace | ||
| officer misconduct. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.081 to read as follows: | ||
| Art. 2.081. DISQUALIFIED FROM PEACE OFFICER MISCONDUCT. | ||
| (a) In this article: | ||
| (1) "Peace officer misconduct" means any criminal | ||
| offense committed by a peace officer acting under the authority of | ||
| the state or a political subdivision of the state. | ||
| (2) "Prosecuting attorney" means a district attorney, | ||
| criminal district attorney, or county attorney. | ||
| (b) A prosecuting attorney is disqualified from the | ||
| prosecution of peace officer misconduct. | ||
| (c) Article 2.07 does not apply to the disqualification of a | ||
| prosecuting attorney under this article. | ||
| SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.139 to read as follows: | ||
| Art. 2.139. PEACE OFFICER MISCONDUCT REPORTS. (a) In this | ||
| article: | ||
| (1) "Law enforcement agency" means an agency of the | ||
| state or an agency of a political subdivision of the state | ||
| authorized by law to employ peace officers. | ||
| (2) "Peace officer misconduct" has the meaning | ||
| assigned by Article 2.081(a). | ||
| (3) "Special prosecution division" means the division | ||
| established under Section 402.038, Government Code. | ||
| (b) Not later than 48 hours after the receipt of an | ||
| allegation of peace officer misconduct, the law enforcement agency | ||
| employing the applicable peace officer or officers shall report the | ||
| allegation to the special prosecution division of the office of the | ||
| attorney general. | ||
| (c) A law enforcement agency that submits a report under | ||
| Subsection (b) shall cooperate with the special prosecution | ||
| division in the investigation and any resulting prosecution by the | ||
| division. | ||
| SECTION 3. Section 402.009, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 402.009. AUTHORITY TO EMPLOY AND COMMISSION PEACE | ||
| OFFICERS. The attorney general may employ and commission peace | ||
| officers as investigators for: | ||
| (1) the limited purpose of assisting the attorney | ||
| general in carrying out the duties of that office relating to | ||
| prosecution assistance and crime prevention; or | ||
| (2) the purpose of investigating offenses that the | ||
| special prosecution division is required to investigate under | ||
| Section 402.038(b). | ||
| SECTION 4. Subchapter B, Chapter 402, Government Code, is | ||
| amended by adding Section 402.038 to read as follows: | ||
| Sec. 402.038. SPECIAL PROSECUTION DIVISION. (a) In this | ||
| section: | ||
| (1) "Law enforcement agency" has the meaning assigned | ||
| by Article 2.139(a), Code of Criminal Procedure. | ||
| (2) "Peace officer misconduct" and "prosecuting | ||
| attorney" have the meanings assigned by Article 2.081(a), Code of | ||
| Criminal Procedure. | ||
| (3) "Peace officer" means a person elected, employed, | ||
| or appointed as a peace officer under Article 2.12, Code of Criminal | ||
| Procedure, or other law. | ||
| (b) The attorney general shall establish the special | ||
| prosecution division to investigate peace officer misconduct | ||
| reported to the division by a law enforcement agency under Article | ||
| 2.139, Code of Criminal Procedure. | ||
| (c) Only the special prosecution division may prosecute a | ||
| peace officer in a case of peace officer misconduct. In prosecuting | ||
| a case of peace officer misconduct, the division has all the powers | ||
| of a prosecuting attorney, including the power to represent the | ||
| state before a grand jury. | ||
| SECTION 5. (a) Not later than December 1, 2015, the | ||
| attorney general shall establish the special prosecution division | ||
| under Section 402.038, Government Code, as added by this Act. | ||
| (b) Not later than January 1, 2016, each law enforcement | ||
| agency shall comply with the requirements under Article 2.139, Code | ||
| of Criminal Procedure, as added by this Act. | ||
| (c) Article 2.081, Code of Criminal Procedure, as added by | ||
| this Act, and Section 402.038, Government Code, as added by this | ||
| Act, apply only to the investigation and any resulting prosecution | ||
| of peace officer misconduct commencing on or after January 1, 2016. | ||
| The investigation and any resulting prosecution of peace officer | ||
| misconduct commencing before January 1, 2016, is governed by the | ||
| law in effect on the date the investigation and any resulting | ||
| prosecution commenced, and the former law is continued in effect | ||
| for that purpose. For purposes of this subsection, "peace officer | ||
| misconduct" has the meaning assigned by Article 2.081(a), Code of | ||
| Criminal Procedure, as added by this Act. | ||
| SECTION 6. 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, 2015. | ||
