Hughes Bill Lets Five Regional Prosecutors Take Over Any Local Case

The text as introduced · 1,956 words

89R15358 BCH-F

By: Hughes
S.B. No. 2384

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional

Administrative Judicial Districts, the creation of the office of

regional district attorney for each district, and the powers and

duties of regional district attorneys.

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

ARTICLE 1. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND REGIONAL

DISTRICT ATTORNEYS

SECTION 1.01. Subtitle C, Title 2, Government Code, is

amended by adding Chapter 44A to read as follows:

CHAPTER 44A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND

REGIONAL DISTRICT ATTORNEYS

SUBCHAPTER A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS

Sec. 44A.001. 1ST REGIONAL ADMINISTRATIVE JUDICIAL

DISTRICT. The 1st Regional Administrative Judicial District is

composed of the following counties: Anderson, Angelina, Bowie,

Camp, Cass, Cherokee, Collin, Dallas, Delta, Ellis, Fannin,

Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston,

Hunt, Jasper, Kaufman, Lamar, Leon, Madison, Marion, Morris,

Nacogdoches, Navarro, Newton, Panola, Polk, Rains, Red River,

Rockwall, Rusk, Sabine, San Augustine, Shelby, Smith, Titus,

Trinity, Tyler, Upshur, Van Zandt, and Wood.

Sec. 44A.002. 2ND REGIONAL ADMINISTRATIVE JUDICIAL

DISTRICT. The 2nd Regional Administrative Judicial District is

composed of the following counties: Brazoria, Chambers, Fort Bend,

Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange,

San Jacinto, Walker, and Waller.

Sec. 44A.003. 3RD REGIONAL ADMINISTRATIVE JUDICIAL

DISTRICT. The 3rd Regional Administrative Judicial District is

composed of the following counties: Aransas, Atascosa, Bandera,

Bee, Bexar, Brooks, Calhoun, Cameron, Comal, Concho, Crockett,

Dimmit, Duval, Edwards, Frio, Gillespie, Goliad, Hidalgo, Irion,

Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney,

Kleberg, La Salle, Live Oak, Llano, Mason, Maverick, McCulloch,

McMullen, Medina, Menard, Nueces, Reagan, Real, Refugio, San

Patricio, San Saba, Schleicher, Starr, Sutton, Terrell, Tom Green,

Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala.

Sec. 44A.004. 4TH REGIONAL ADMINISTRATIVE JUDICIAL

DISTRICT. The 4th Regional Administrative Judicial District is

composed of the following counties: Austin, Bastrop, Bell, Blanco,

Bosque, Brazos, Brown, Burleson, Burnet, Caldwell, Callahan,

Coleman, Colorado, Comanche, Coryell, DeWitt, Eastland, Erath,

Falls, Fayette, Gonzales, Grimes, Guadalupe, Hamilton, Hays, Hill,

Hood, Jackson, Johnson, Lampasas, Lavaca, Lee, Limestone,

Matagorda, McLennan, Milam, Mills, Palo Pinto, Parker, Robertson,

Somervell, Travis, Victoria, Washington, Wharton, and Williamson.

Sec. 44A.005. 5TH REGIONAL ADMINISTRATIVE JUDICIAL

DISTRICT. The 5th Regional Administrative Judicial District is

composed of the following counties: Andrews, Archer, Armstrong,

Bailey, Baylor, Borden, Brewster, Briscoe, Carson, Castro,

Childress, Clay, Cochran, Coke, Collingsworth, Cooke, Cottle,

Crane, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Denton,

Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Gaines,

Garza, Glasscock, Gray, Grayson, Hale, Hall, Hansford, Hardeman,

Hartley, Haskell, Hemphill, Hockley, Howard, Hudspeth, Hutchinson,

Jack, Jeff Davis, Jones, Kent, King, Knox, Lamb, Lipscomb, Loving,

Lubbock, Lynn, Martin, Midland, Mitchell, Montague, Moore, Motley,

Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio,

Randall, Reeves, Roberts, Runnels, Scurry, Shackelford, Sherman,

Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terry,

Throckmorton, Upton, Ward, Wheeler, Wichita, Wilbarger, Winkler,

Wise, Yoakum, and Young.

SUBCHAPTER B. REGIONAL DISTRICT ATTORNEYS

Sec. 44A.101. TERM. A regional district attorney serving a

regional administrative judicial district shall serve a four-year

term as required under Section 21, Article V, Texas Constitution.

Sec. 44A.102. POWERS AND DUTIES. (a) A regional district

attorney serving a regional administrative judicial district has

the same powers and duties provided by the constitution and general

law for district attorneys.

(b) A regional district attorney serving a regional

administrative judicial district shall represent this state in the

district and inferior courts of the counties within the attorney's

regional administrative judicial district.

(c) A regional district attorney and each prosecuting

attorney for a county or judicial district that sits wholly or

partly within a regional district attorney's regional

administrative judicial district shall assist one another in the

conduct of their duties.

Sec. 44A.103. TRANSFER OF CASES. (a) A regional district

attorney may prosecute a criminal case instead of the prosecuting

attorney who would otherwise represent this state in the case if:

(1) the prosecuting attorney who would otherwise

represent this state in the case is:

(A) a county attorney of a county in the regional

district attorney's regional administrative judicial district; or

(B) a district attorney of a judicial district

composed wholly or partly of a county in the regional district

attorney's regional administrative judicial district; and

(2) the regional district attorney:

(A) notifies the county attorney or district

attorney that the regional district attorney intends to prosecute

the case; and

(B) if applicable, informs the court in which the

case is pending that the regional district attorney intends to

prosecute the case.

(b) A county attorney or district attorney who receives

notice under Subsection (a)(2) may not represent this state in the

case subject to the notice unless the regional district attorney

notifies:

(1) the county attorney or district attorney who would

otherwise represent this state in the case that the regional

district attorney no longer intends to prosecute the case; and

(2) if applicable, the court in which the case is

pending that the regional district attorney no longer intends to

prosecute the case.

(c) A county attorney or district attorney who receives

notice under Subsection (a)(2) may assist the regional district

attorney with the prosecution of a case transferred to the regional

district attorney with the consent and under the supervision of the

regional district attorney.

Sec. 44A.104. VENUE. (a) Notwithstanding Chapter 13A,

Code of Criminal Procedure, or any other law, a regional district

attorney may prosecute a case transferred to the attorney under

Section 44A.103 in any county in the regional district attorney's

regional administrative judicial district if venue would otherwise

be proper in any county in that district under Chapter 13A, Code of

Criminal Procedure.

(b) A court shall grant a motion to change venue filed by a

regional district attorney if:

(1) the motion was filed in a case pending at the time

the attorney provided the required notice under Section

44A.103(a)(2)(B);

(2) the venue selected by the attorney is for a county

within the attorney's regional administrative judicial district;

(3) jeopardy has not attached in the case; and

(4) the motion to change venue was filed not later than

the 14th day after the date the attorney provided the required

notice under Section 44A.103(a)(2)(B).

(c) A court may grant a motion to transfer filed by a

defendant in a case prosecuted by a regional district attorney on

the court's finding that the defendant's right to due process or due

course of law would be infringed if the venue remains unchanged. If

a motion is granted under this section, the court, when selecting a

venue, shall give preference to another venue within the

jurisdiction of the regional district attorney.

SUBCHAPTER C. PROVISIONS APPLICABLE TO SPECIFIC REGIONAL DISTRICT

ATTORNEYS

Sec. 44A.201. 1ST REGIONAL DISTRICT ATTORNEY. The voters

of Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Collin, Dallas,

Delta, Ellis, Fannin, Franklin, Freestone, Gregg, Harrison,

Henderson, Hopkins, Houston, Hunt, Jasper, Kaufman, Lamar, Leon,

Madison, Marion, Morris, Nacogdoches, Navarro, Newton, Panola,

Polk, Rains, Red River, Rockwall, Rusk, Sabine, San Augustine,

Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, and Wood

Counties elect a regional district attorney for the 1st Regional

Administrative Judicial District who represents this state in the

district and inferior courts of those counties.

Sec. 44A.202. 2ND REGIONAL DISTRICT ATTORNEY. The voters

of Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris,

Jefferson, Liberty, Montgomery, Orange, San Jacinto, Walker, and

Waller Counties elect a regional district attorney for the 2nd

Regional Administrative Judicial District who represents this

state in the district and inferior courts of those counties.

Sec. 44A.203. 3RD REGIONAL DISTRICT ATTORNEY. The voters

of Aransas, Atascosa, Bandera, Bee, Bexar, Brooks, Calhoun,

Cameron, Comal, Concho, Crockett, Dimmit, Duval, Edwards, Frio,

Gillespie, Goliad, Hidalgo, Irion, Jim Hogg, Jim Wells, Karnes,

Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak,

Llano, Mason, Maverick, McCulloch, McMullen, Medina, Menard,

Nueces, Reagan, Real, Refugio, San Patricio, San Saba, Schleicher,

Starr, Sutton, Terrell, Tom Green, Uvalde, Val Verde, Webb,

Willacy, Wilson, Zapata, and Zavala Counties elect a regional

district attorney for the 3rd Regional Administrative Judicial

District who represents this state in the district and inferior

courts of those counties.

Sec. 44A.204. 4TH REGIONAL DISTRICT ATTORNEY. The voters

of Austin, Bastrop, Bell, Blanco, Bosque, Brazos, Brown, Burleson,

Burnet, Caldwell, Callahan, Coleman, Colorado, Comanche, Coryell,

DeWitt, Eastland, Erath, Falls, Fayette, Gonzales, Grimes,

Guadalupe, Hamilton, Hays, Hill, Hood, Jackson, Johnson, Lampasas,

Lavaca, Lee, Limestone, Matagorda, McLennan, Milam, Mills, Palo

Pinto, Parker, Robertson, Somervell, Travis, Victoria, Washington,

Wharton, and Williamson Counties elect a regional district attorney

for the 4th Regional Administrative Judicial District who

represents this state in the district and inferior courts of those

counties.

Sec. 44A.205. 5TH REGIONAL DISTRICT ATTORNEY. The voters

of Andrews, Archer, Armstrong, Bailey, Baylor, Borden, Brewster,

Briscoe, Carson, Castro, Childress, Clay, Cochran, Coke,

Collingsworth, Cooke, Cottle, Crane, Crosby, Culberson, Dallam,

Dawson, Deaf Smith, Denton, Dickens, Donley, Ector, El Paso,

Fisher, Floyd, Foard, Gaines, Garza, Glasscock, Gray, Grayson,

Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill,

Hockley, Howard, Hudspeth, Hutchinson, Jack, Jeff Davis, Jones,

Kent, King, Knox, Lamb, Lipscomb, Loving, Lubbock, Lynn, Martin,

Midland, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree,

Oldham, Parmer, Pecos, Potter, Presidio, Randall, Reeves, Roberts,

Runnels, Scurry, Shackelford, Sherman, Stephens, Sterling,

Stonewall, Swisher, Tarrant, Taylor, Terry, Throckmorton, Upton,

Ward, Wheeler, Wichita, Wilbarger, Winkler, Wise, Yoakum, and Young

Counties elect a regional district attorney for the 5th Regional

Administrative Judicial District who represents this state in the

district and inferior courts of those counties.

ARTICLE 2. CONFORMING CHANGES

SECTION 2.01. Subchapter C, Chapter 2A, Code of Criminal

Procedure, is amended by adding Article 2A.1025 to read as follows:

Art. 2A.1025. DUTIES OF REGIONAL DISTRICT ATTORNEYS. (a)

Each regional district attorney shall represent the state in all

criminal cases in which the attorney provides the notice required

under Section 44A.103(a), Government Code, and has not provided

notice under Section 44A.103(b), Government Code.

(b) The regional district attorney shall represent the

state in the appeal of a case prosecuted by the regional district

attorney.

SECTION 2.02. Section 46.002, Government Code, is amended

to read as follows:

Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter

applies to the state prosecuting attorney, all county prosecutors,

and the following state prosecutors:

(1) the district attorneys for Kenedy and Kleberg

Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,

26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,

42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,

66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,

97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,

123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,

198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,

268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,

452nd, and 506th judicial districts;

(2) the criminal district attorneys for the counties

of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,

Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,

Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,

Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,

Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San

Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,

Victoria, Walker, Waller, Wichita, Wood, and Yoakum;

(2-a) the regional district attorneys for the 1st,

2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts;

and

(3) the county attorneys performing the duties of

district attorneys in the counties of Andrews, Aransas, Burleson,

Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,

Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,

Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,

Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and

Willacy.

ARTICLE 3. CREATION AND EFFECTIVE DATES

SECTION 3.01. The 1st, 2nd, 3rd, 4th, and 5th Regional

Administrative Judicial Districts and the offices of regional

district attorney for the 1st, 2nd, 3rd, 4th, and 5th Regional

Administrative Judicial Districts are created on the effective date

of this Act.

SECTION 3.02. This Act takes effect September 1, 2025.