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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of the attorney general to represent the state |
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in the prosecution of the criminal offense of trafficking of |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 402, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PROSECUTION OF TRAFFICKING OF PERSONS OFFENSE |
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Sec. 402.101. APPLICABILITY. This subchapter applies to a |
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criminal offense under Chapter 20A, Penal Code. |
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Sec. 402.102. PROVISION OF INFORMATION TO ATTORNEY GENERAL. |
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(a) A law enforcement agency that submits to a local prosecuting |
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attorney a report stating there is probable cause to believe an |
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identified person has committed a criminal offense described by |
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Section 402.101 shall simultaneously submit a copy of that report |
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to the attorney general. |
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(b) On request of the attorney general, a local prosecuting |
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attorney or law enforcement agency shall provide all requested |
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information that has not been made publicly available regarding |
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investigations of a criminal offense described by Section 402.101 |
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to assist the attorney general in performing duties required under |
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this subchapter. |
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Sec. 402.103. PROSECUTION. (a) Notwithstanding any other |
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law, the attorney general has jurisdiction to prosecute and shall |
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represent the state in the prosecution of a criminal offense |
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described by Section 402.101 if: |
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(1) a law enforcement agency submits a report |
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described by Section 402.102(a) to the local prosecuting attorney |
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and the attorney general; and |
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(2) six months have elapsed from the date the report |
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was submitted and the local prosecuting attorney has not taken |
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prosecutorial action to prosecute the offense. |
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(b) A local prosecuting attorney may file a motion in a |
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district court objecting to the attorney general's representation |
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of the state under Subsection (a) in the prosecution of a criminal |
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offense described by Section 402.101. In response to a motion filed |
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under this subsection, the court shall: |
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(1) make a finding as to whether the local prosecuting |
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attorney has taken prosecutorial action to prosecute the offense; |
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and |
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(2) if the court finds the local prosecuting attorney |
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has not taken prosecutorial action to prosecute the offense, issue |
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an order stating the attorney general shall represent the state in |
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the prosecution of the offense. |
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SECTION 2. Chapter 20A, Penal Code, is amended by adding |
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Section 20A.05 to read as follows: |
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Sec. 20A.05. PROSECUTION BY ATTORNEY GENERAL. The attorney |
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general has jurisdiction to prosecute and shall represent the state |
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in the prosecution of an offense under this chapter as provided by |
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Section 402.103, Government Code. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |