Bill Text: TX HB3797 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to State Affairs [HB3797 Detail]
Download: Texas-2023-HB3797-Introduced.html
88R9164 LRM-D | ||
By: Schofield | H.B. No. 3797 |
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relating to the concurrent jurisdiction of prosecuting attorneys in | ||
adjoining districts or counties to prosecute criminal offenses | ||
involving the election laws in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 273, Election Code, is amended by adding | ||
Subchapter F to read as follows: | ||
SUBCHAPTER F. CONCURRENT JURISDICTION OF PROSECUTING ATTORNEY IN | ||
ADJOINING DISTRICT OR COUNTY | ||
Sec. 273.101. DEFINITION. In this subchapter, "prosecuting | ||
attorney" means a district attorney, criminal district attorney, or | ||
county attorney with criminal jurisdiction. | ||
Sec. 273.102. CONCURRENT JURISDICTION. (a) | ||
Notwithstanding any other law, a prosecuting attorney with the | ||
authority to prosecute a felony or misdemeanor involving the | ||
election laws of this state in the prosecuting attorney's county or | ||
district has, in an adjoining county or district, as applicable, | ||
concurrent jurisdiction with the prosecuting attorney of the | ||
adjoining county or district who prosecutes that class of offense | ||
to prosecute an offense of that class involving the election laws of | ||
this state. | ||
(b) If not more than three prosecuting attorneys have | ||
jurisdiction to prosecute an offense under Subsection (a), a | ||
prosecuting attorney in a county or district, as applicable, | ||
adjacent to a county or district that is adjacent to the county or | ||
district in which the offense was committed has concurrent | ||
jurisdiction with the prosecuting attorney in the county or | ||
district in which the offense was committed who prosecutes that | ||
class of offense to prosecute an offense of that class involving the | ||
election laws of this state. | ||
Sec. 273.103. PROSECUTION FOR SAME OFFENSE OR OFFENSE | ||
ARISING FROM SAME CRIMINAL EPISODE PROHIBITED. After a prosecuting | ||
attorney commences a criminal action involving the election laws of | ||
this state, another prosecuting attorney with jurisdiction over the | ||
matter, including concurrent jurisdiction described by Section | ||
273.102, may assist in prosecuting the action but may not commence a | ||
criminal action for the same offense or another offense arising | ||
from the same criminal episode, as defined by Section 3.01, Penal | ||
Code. | ||
SECTION 2. This Act takes effect September 1, 2023. |