attorney general steps in after six months of local inaction

The text as introduced · 499 words

89R4006 AMF-D

By: Hughes
S.B. No. 846

A BILL TO BE ENTITLED

AN ACT

relating to the duty of the attorney general to prosecute certain

criminal offenses.

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

SECTION 1. Chapter 402, Government Code, is amended by

adding Subchapter D to read as follows:

SUBCHAPTER D. PROSECUTION OF CERTAIN CRIMINAL OFFENSES

Sec. 402.101. APPLICABILITY. This subchapter applies to a

criminal offense under:

(1) the Election Code;

(2) Chapter 170A or 171, Health and Safety Code; or

(3) Chapter 20A, 36, or 39, Penal Code.

Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL.

(a) A law enforcement agency that submits to a local prosecuting

attorney a report stating there is probable cause to believe an

identified person has committed a criminal offense described by

Section 402.101 shall simultaneously submit a copy of that report

to the attorney general.

(b) On request of the attorney general, a local prosecuting

attorney or law enforcement agency shall provide information

regarding investigations of criminal offenses described by Section

402.101 to assist the attorney general in performing duties

required under this subchapter.

Sec. 402.103. PROSECUTION. Notwithstanding any other law,

the attorney general has jurisdiction to prosecute and shall

prosecute a criminal offense described by Section 402.101 if:

(1) a law enforcement agency submits a report

described by Section 402.102(a) to the local prosecuting attorney

and the attorney general; and

(2) six months have elapsed from the date the report

was submitted and the local prosecuting attorney has not initiated

proceedings to prosecute the offense.

SECTION 2. Sections 273.021(a) and (b), Election Code, are

amended to read as follows:

(a) The attorney general shall [ may ] prosecute a criminal

offense prescribed by the election laws of this state as provided by

Subchapter D, Chapter 402, Government Code .

(b) The attorney general may appear before a grand jury in

connection with a criminal [ an ] offense the attorney general is

required [ authorized ] to prosecute under Subsection (a).

SECTION 3. Section 273.022, Election Code, is amended to

read as follows:

Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The

attorney general may direct the county or district attorney serving

the county in which the offense is to be prosecuted to prosecute a

criminal [ an ] offense that the attorney general is required

[ authorized ] to prosecute under Section 273.021 or to assist the

attorney general in the prosecution.

SECTION 4. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 5. This Act takes effect September 1, 2025.