Bill Text: TX HB4187 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the reporting of certain felony offenses to prosecuting attorneys and to allegations regarding a peace officer's retaliatory action taken because of that report.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Homeland Security & Public Safety [HB4187 Detail]
Download: Texas-2019-HB4187-Introduced.html
86R14303 MEW-F | ||
By: Middleton | H.B. No. 4187 |
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relating to the reporting of certain felony offenses to prosecuting | ||
attorneys and to allegations regarding a peace officer's | ||
retaliatory action taken because of that report. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.33 to read as follows: | ||
Art. 2.33. REPORTING CRIMINAL OFFENSES TO PROSECUTING | ||
ATTORNEYS. (a) A person with knowledge of the commission of a | ||
felony offense other than a state jail felony under the laws of this | ||
state may report the offense to any attorney who prosecutes | ||
criminal cases on behalf of the state. | ||
(b) Subject to Subsection (c), if a peace officer in this | ||
state has not prepared a written report relating to the offense | ||
reported under Subsection (a), the attorney shall investigate the | ||
report under Subsection (a) and may refer the matter to: | ||
(1) a law enforcement agency; or | ||
(2) a court with jurisdiction over the offense. | ||
(c) An attorney to whom a report of the commission of an | ||
offense is made under Subsection (a) is required to investigate the | ||
report only if the person making the report demonstrates that: | ||
(1) the person previously reported the offense to law | ||
enforcement more than one year before the date of the report under | ||
Subsection (a); and | ||
(2) following the report to law enforcement under | ||
Subdivision (1), the person diligently cooperated with law | ||
enforcement in investigating the offense for a period of not less | ||
than one year. | ||
SECTION 2. Section 411.0207, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (c-1) to read as | ||
follows: | ||
(a) In this section: | ||
(1) "Organized [ |
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means conduct that constitutes an offense under Section 71.02, | ||
Penal Code. | ||
(2) "Retaliatory action" incudes the filing of | ||
criminal charges, the seizure of property, or the arrest or search | ||
of an individual without probable cause. | ||
(c-1) The unit may investigate an allegation of a | ||
retaliatory action taken by an individual elected, appointed, or | ||
employed as a peace officer for a governmental entity against a | ||
person because the person made a report under Article 2.33(a), Code | ||
of Criminal Procedure. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |