Bill Text: TX HB1840 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the appointment by the attorney general of a special prosecutor to prosecute certain offenses committed that cause serious bodily injury or death by peace officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-26 - Left pending in committee [HB1840 Detail]
Download: Texas-2015-HB1840-Introduced.html
84R6574 KJE-F | ||
By: Reynolds | H.B. No. 1840 |
|
||
|
||
relating to the appointment by the attorney general of a special | ||
prosecutor to prosecute certain offenses committed that cause | ||
serious bodily injury or death by peace officers. | ||
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. APPOINTMENT OF SPECIAL PROSECUTOR FOR | ||
OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article: | ||
(1) "Officer-involved injury or death" means any | ||
serious bodily injury or death caused 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. | ||
(3) "Serious bodily injury" has the meaning assigned | ||
by Section 1.07, Penal Code. | ||
(b) A prosecuting attorney is disqualified from prosecuting | ||
a peace officer who serves an area also served by the attorney for | ||
any offense arising out of an officer-involved injury or death. | ||
(c) Notwithstanding Article 2.07(a), the attorney general | ||
shall appoint a special prosecutor to perform the duties of a | ||
prosecuting attorney in a case for which the prosecuting attorney | ||
is disqualified under Subsection (b). | ||
SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.139 to read as follows: | ||
Art. 2.139. OFFICER-INVOLVED INJURY OR DEATH. (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) "Officer-involved injury or death" has the meaning | ||
assigned by Article 2.081(a). | ||
(b) As soon as practicable after an officer-involved injury | ||
or death, the law enforcement agency employing the peace officer or | ||
officers involved shall report the incident to the attorney | ||
general. | ||
(c) A law enforcement agency that submits a report under | ||
Subsection (b) shall cooperate with the special prosecutor | ||
appointed by the attorney general under Article 2.081 in the | ||
prosecution of any offense arising out of an officer-involved | ||
injury or death. | ||
SECTION 3. (a) 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. | ||
(b) Article 2.081, Code of Criminal Procedure, as added by | ||
this Act, applies only to the prosecution of an offense arising out | ||
of an officer-involved injury or death occurring on or after | ||
January 1, 2016. The prosecution of an offense arising out of an | ||
officer-involved injury or death occurring before January 1, 2016, | ||
is governed by the law in effect on the date the injury or death | ||
occurred, and the former law is continued in effect for that | ||
purpose. For purposes of this subsection, "officer-involved injury | ||
or death" has the meaning assigned by Article 2.081(a), Code of | ||
Criminal Procedure, as added by this Act. | ||
SECTION 4. 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. |