Bill Text: TX SB1968 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to required reporting of certain discretionary prosecutorial decisions of prosecuting attorneys.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Criminal Justice [SB1968 Detail]
Download: Texas-2023-SB1968-Introduced.html
| 88R14453 MZM-F | ||
| By: Bettencourt | S.B. No. 1968 | |
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| relating to required reporting of certain discretionary | ||
| prosecutorial decisions of prosecuting attorneys. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 41, Government Code, is | ||
| amended by adding Section 41.0065 to read as follows: | ||
| Sec. 41.0065. REPORT TO ATTORNEY GENERAL REGARDING REFUSAL | ||
| TO PROSECUTE. (a) In this section: | ||
| (1) "Peace officer" means an individual described by | ||
| Article 2.12, Code of Criminal Procedure. | ||
| (2) "Prosecuting attorney" has the meaning assigned by | ||
| Section 41.101. | ||
| (b) If, after being presented with an affidavit sworn to by | ||
| a peace officer alleging that probable cause exists to believe a | ||
| person committed a criminal offense under Title 5 or 6, Penal Code, | ||
| or under Chapter 29, Penal Code, a prosecuting attorney refuses to | ||
| prosecute the alleged criminal offense, the prosecuting attorney | ||
| must submit a report to the attorney general that includes: | ||
| (1) any information the prosecuting attorney has | ||
| regarding the alleged criminal offense; | ||
| (2) a detailed explanation of the prosecuting | ||
| attorney's decision not to prosecute the alleged offense, including | ||
| any perceived evidentiary deficiencies in the case; and | ||
| (3) the alleged offender's criminal history. | ||
| (c) Subject to Subsection (d), at least once a month the | ||
| office of the attorney general shall post on the office's publicly | ||
| accessible Internet website information regarding each prosecuting | ||
| attorney's decision not to prosecute an offense described by | ||
| Subsection (b). The post must include: | ||
| (1) the county in which the alleged offense occurred; | ||
| (2) the type of offense alleged to have been | ||
| committed; and | ||
| (3) a short statement regarding the prosecuting | ||
| attorney's rationale for refusing to prosecute the alleged offense. | ||
| (d) Information included on the attorney general's Internet | ||
| website under Subsection (c) may not include any personally | ||
| identifying information of an alleged offender or victim. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
