bill barring local prosecutors from cases against their own officers

The text as introduced · 462 words

89R13486 MCF-D

By: Lowe
H.B. No. 3640

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of an offense committed by a peace

officer acting in the course and scope of the officer's official

duties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 2A, Code of Criminal

Procedure, is amended by adding Article 2A.1085 to read as follows:

Art. 2A.1085. PROSECUTION OR APPOINTMENT OF PROSECUTOR BY

ATTORNEY GENERAL FOR ON-DUTY OFFICER OFFENSES. (a) In this

article:

(1) "Local law enforcement agency" means an agency of

a political subdivision of the state authorized by law to employ

peace officers.

(2) "Prosecuting attorney" means a district attorney,

criminal district attorney, or county attorney with criminal

jurisdiction.

(b) With respect to any offense committed by a peace officer

acting in the course and scope of the officer's official duties, a

prosecuting attorney is disqualified from prosecuting a peace

officer who is employed by a political subdivision of this state

that is also served by the attorney.

(c) As soon as practicable after a local law enforcement

agency becomes aware that a peace officer employed by the agency has

committed an offense described by Subsection (b), the agency shall

report the offense to the attorney general.

(d) Notwithstanding Article 2A.104(b), in a case for which

the prosecuting attorney is disqualified under Subsection (b), the

attorney general may perform the duties of a prosecuting attorney

or may appoint for the purpose a prosecuting attorney who serves a

political subdivision of this state that does not employ the peace

officer who committed the offense.

(e) A local law enforcement agency that submits a report

under Subsection (c) shall cooperate with the attorney general or

the prosecuting attorney appointed by the attorney general under

this article in the prosecution of an offense described by

Subsection (b).

SECTION 2. Article 2A.1085, Code of Criminal Procedure, as

added by this Act, applies only to the prosecution of an offense

committed by a peace officer acting in the course and scope of the

officer's official duties that commences on or after the effective

date of this Act. The prosecution of an offense that commences

before the effective date of this Act is governed by the law in

effect on the date the prosecution commenced, and the former law is

continued in effect for that purpose.

SECTION 3. This Act takes effect January 1, 2026, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, authorizing the attorney general to

prosecute a criminal offense committed by a peace officer acting in

the course and scope of the officer's official duties is approved by

the voters. If that amendment is not approved by the voters, this

Act has no effect.