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Legislature could restrict district attorneys from refusing to prosecute some crimes

A Texas House committee is expected to hear a bill that addresses the issue of district attorneys choosing not to prosecute some crimes.


Senate Bill 20, filed by Sen. Joan Huffman, R-Houston, would amend local government code to bar prosecuting attorneys from "either by adopting and enforcing policy or by demonstrating by pattern or practice, materially limiting or prohibiting the enforcement of any criminal offense," according to the bill summary. It also would restrict a prosecuting attorney "from materially limiting or prohibiting an attorney or peace officer within the same jurisdiction from enforcing a criminal offense." Those who violate the law would commit "official misconduct" and be subject to removal under Chapter 87 of local government code, which governs the removal process of county officials.


The bill passed the Senate earlier this month by a vote of 20-11, largely along party lines, and has been referred to the House Committee on Criminal Jurisprudence. It has yet to be scheduled for a hearing.


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TexasLegislativeNews.com | 2023

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