HB3640 - Relating to the prosecution of an offense committed by a peace officer acting in the course and scope of the officer's official duties.

  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.