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  89R2134 CJD-D     By: Jones of Harris H.B. No. 867       A BILL TO BE ENTITLED   AN ACT   relating to the dismissal of a criminal case by the attorney   representing the state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 32.02, Code of Criminal Procedure, is   amended to read as follows:          Art. 32.02.  DISMISSAL BY STATE'S ATTORNEY.   (a)  The   attorney representing the state [ State ] may, by permission of the   court, dismiss a criminal action at any time upon filing a written   statement with the papers in the case .           (b)  A statement of dismissal filed under this article must:                 (1)   [ setting out his reasons for such dismissal, which   shall ] be incorporated in the judgment of dismissal ; and                 (2)     set out the attorney representing the state's   specific reasons for the dismissal, including lack of evidence or   actual innocence .           (c)     If the specific reason for a dismissal set out under   Subsection (b)(2) is the misconduct of a law enforcement officer,   the attorney representing the state shall:                 (1)     include in the papers in the case any information   relating to the misconduct;                 (2)     refer the matter to the law enforcement agency   employing the officer for internal review; and                 (3)     consider whether the filing of a criminal charge   against the officer is appropriate or refer the matter to the   appropriate attorney representing the state for that   consideration.           (d)   No case shall be dismissed under this article without   the consent of the presiding judge.          SECTION 2.  The change in law made by this Act applies only   to the dismissal of a criminal action that occurs on or after the   effective date of this Act.  A dismissal that occurs before the   effective date of this Act is governed by the law in effect on the   date of the dismissal, and the former law is continued in effect for   that purpose.          SECTION 3.  This Act takes effect September 1, 2025.