| |
| |
| |
| | AN ACT |
| | relating to the border prosecution unit. |
| | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
| | SECTION 1. Chapter 772, Government Code, is amended by |
| | designating Sections 772.001, 772.002, 772.003, 772.004, 772.005, |
| | 772.006, 772.0061, 772.007, 772.0071, 772.008, 772.009, 772.010 as |
| | reenacted and amended by Chapter 1215 (H.B. 925), Acts of the 79th |
| | Legislature, Regular Session, 2005, 772.010 as added by Chapter 429 |
| | (S.B. 1136), Acts of the 76th Legislature, Regular Session, 1999, |
| | 772.010 as added by Chapter 1339 (H.B. 564), Acts of the 76th |
| | Legislature, Regular Session, 1999, 772.0101, 772.0102, and |
| | 772.011 as Subchapter A and adding a subchapter heading to read as |
| | follows: |
| | SUBCHAPTER A. PLANNING ENTITIES |
| | SECTION 2. Sections 772.0071(a)(1), (2), and (4), |
| | Government Code, are amended to read as follows: |
| | (1) "Border crime" means any crime involving |
| | transnational criminal activity that [occurs in the border region |
| | and that] undermines public safety or security, including an |
| | offense: |
| | (A) during the prosecution of which an |
| | affirmative finding may be requested under Section 3g(a)(2), |
| | Article 42.12, Code of Criminal Procedure; |
| | (B) under Chapter 19, 20, 20A, 21, 22, 46, 47, or |
| | 71, Penal Code; |
| | (C) under Title 7 or 8, Penal Code; |
| | (D) under Chapter 481, Health and Safety Code; |
| | (E) committed by a person who is not a citizen or |
| | national of the United States and is not lawfully present in the |
| | United States; or |
| | (F) that is coordinated with or related to |
| | activities or crimes that occur or are committed in the United |
| | Mexican States. |
| | (2) "Border region" means the portion of this state |
| | that is located in a county that: |
| | (A) is adjacent to[: |
| | [(A)] an international border; [or] |
| | (B) is adjacent to a county described by |
| | Paragraph (A); or |
| | (C) is served by a prosecuting attorney whose |
| | jurisdiction includes a county described by Paragraph (A) or (B). |
| | (4) "Eligible prosecuting attorney" means an attorney |
| | [in a border region] who represents the state in the prosecution of |
| | felonies and who: |
| | (A) serves a county located in the border region; |
| | or |
| | (B) serves a county or counties that the criminal |
| | justice division determines to be significantly affected by border |
| | crime. |
| | SECTION 3. Chapter 772, Government Code, is amended by |
| | adding Subchapter B to read as follows: |
| | SUBCHAPTER B. BORDER PROSECUTION UNIT |
| | Sec. 772.051. DEFINITIONS. In this subchapter: |
| | (1) "Border crime" and "border region" have the |
| | meanings assigned by Section 772.0071. |
| | (2) "Border prosecuting attorney" means a prosecuting |
| | attorney in a border region who represents the state in the |
| | prosecution of felony border crimes. |
| | (3) "Criminal justice division" means the criminal |
| | justice division established under Section 772.006. |
| | (4) "Prosecuting attorney" means a district attorney, |
| | criminal district attorney, or county attorney with felony criminal |
| | jurisdiction. |
| | (5) "Unit" means the border prosecution unit. |
| | Sec. 772.052. GENERAL FUNCTION OF BORDER PROSECUTION UNIT. |
| | The governor shall establish the border prosecution unit within the |
| | criminal justice division to cooperate with and support members of |
| | the unit in prosecuting border crime. |
| | Sec. 772.053. MEMBERSHIP. (a) The unit is composed of the |
| | following prosecuting attorneys: |
| | (1) the district attorney for the 34th Judicial |
| | District; |
| | (2) the district attorney for the 38th Judicial |
| | District; |
| | (3) the district attorney for the 49th Judicial |
| | District; |
| | (4) the district attorney for the 63rd Judicial |
| | District; |
| | (5) the district attorney for the 79th Judicial |
| | District; |
| | (6) the district attorney for the 81st Judicial |
| | District; |
| | (7) the district attorney for the 83rd Judicial |
| | District; |
| | (8) the district attorney for the 112th Judicial |
| | District; |
| | (9) the district attorney for the 143rd Judicial |
| | District; |
| | (10) the district attorney for the 156th Judicial |
| | District; |
| | (11) the district attorney for the 229th Judicial |
| | District; |
| | (12) the district attorney for the 293rd Judicial |
| | District; |
| | (13) the district attorney for the 452nd Judicial |
| | District; |
| | (14) the criminal district attorney for Hidalgo |
| | County; |
| | (15) the county attorney with felony criminal |
| | jurisdiction for Cameron County; |
| | (16) the district attorney for Kleberg and Kenedy |
| | Counties; |
| | (17) the county attorney with felony criminal |
| | jurisdiction for Willacy County; and |
| | (18) any other prosecuting attorney who represents the |
| | state in the prosecution of felonies for a judicial district that is |
| | created by the legislature in the border region or who receives a |
| | grant under the prosecution of border crime grant program |
| | established under Section 772.0071. |
| | (b) A prosecuting attorney described by Subsection (a) |
| | shall serve on the unit in addition to the other duties of the |
| | prosecuting attorney assigned by law. |
| | (c) Each member of the unit shall enter into a memorandum of |
| | understanding with the criminal justice division to collaborate and |
| | cooperate in the prosecution of border crime. |
| | Sec. 772.054. OFFICERS. (a) The unit, on a majority vote, |
| | shall elect from among its membership a presiding officer and an |
| | assistant presiding officer. |
| | (b) The presiding officer and the assistant presiding |
| | officer serve terms of one year. |
| | (c) The assistant presiding officer serves as presiding |
| | officer in the presiding officer's absence or if a vacancy occurs in |
| | that office until a new presiding officer is elected as provided by |
| | Subsection (d). |
| | (d) If a vacancy occurs in the office of presiding officer |
| | or assistant presiding officer before the end of the vacating |
| | officer's term, the unit shall elect a person to serve the remainder |
| | of the term. |
| | Sec. 772.055. REIMBURSEMENT FOR EXPENSES. A member of the |
| | unit is not entitled to compensation for service on the unit but is |
| | entitled to be reimbursed for necessary expenses incurred in |
| | carrying out the duties and responsibilities of a member of the unit |
| | as provided by the General Appropriations Act. |
| | Sec. 772.056. DUTIES OF UNIT. (a) The unit shall meet at |
| | least once annually to provide the governor, the lieutenant |
| | governor, the speaker of the house of representatives, and the |
| | members of the legislature with information regarding: |
| | (1) the status of border crime and its effect on |
| | prosecutorial resources; |
| | (2) the border crimes prosecuted by members of the |
| | unit; and |
| | (3) the number of border crimes that are committed by a |
| | person who is not lawfully present in the United States. |
| | (b) The unit shall advise the criminal justice division on: |
| | (1) the allocation of grants under the prosecution of |
| | border crime grant program established under Section 772.0071; |
| | (2) the division of the border region into two or more |
| | subregions for training purposes; and |
| | (3) any additional prosecutorial needs of the border |
| | prosecuting attorneys, including a need for the employment of |
| | regional counsel described by Section 772.057 to assist with the |
| | prosecution of border crimes. |
| | (c) The unit shall facilitate the coordination and |
| | collaboration of the border prosecuting attorneys with any regional |
| | counsel described by Section 772.057 and with other law enforcement |
| | agencies, including the Department of Public Safety, in the |
| | investigation and prosecution of border crime. |
| | (d) The unit shall develop a nonexclusive list of offenses |
| | not otherwise described by Section 772.0071(a)(1) that constitute |
| | border crime to provide guidance and enhance uniformity in the |
| | investigation and prosecution of border crime. |
| | (e) The unit shall serve as a clearinghouse for information |
| | related to the investigation and prosecution of border crime and |
| | shall develop best practices and guidelines, including best |
| | practices for the collection and protection of confidential law |
| | enforcement information. |
| | (f) The unit shall assist in developing a training program |
| | and providing training to members of the unit and law enforcement |
| | agencies in the border region on specific issues and techniques |
| | relating to the investigation and prosecution of border crime. |
| | (g) The unit shall develop accountability and performance |
| | measures for members of the unit who receive a grant under the |
| | prosecution of border crime grant program established under Section |
| | 772.0071. |
| | Sec. 772.057. DUTIES OF REGIONAL COUNSEL. (a) An attorney |
| | employed by a border prosecuting attorney as regional counsel shall |
| | assist the border prosecuting attorneys and other regional counsel, |
| | as needed, in: |
| | (1) the prosecution of border crime; |
| | (2) the screening of cases involving border crime; |
| | (3) the presenting of cases involving border crime to |
| | a grand jury; and |
| | (4) the preparation and trial of cases involving |
| | border crime. |
| | (b) The regional counsel shall serve as a liaison between |
| | the unit and other criminal justice entities, including the |
| | Department of Public Safety and federal, state, and local |
| | prosecutors and law enforcement agencies located in the border |
| | region, by: |
| | (1) working closely with those entities, as needed, to |
| | coordinate and assist in the investigation and prosecution of |
| | border crime; and |
| | (2) attending multiagency task force hearings and |
| | meetings held by federal, state, and local prosecutors and law |
| | enforcement agencies on the investigation and prosecution of border |
| | crime. |
| | (c) The regional counsel shall provide legal and technical |
| | assistance to law enforcement agencies investigating border crime, |
| | including by: |
| | (1) providing legal advice and recommendations |
| | regarding Fourth Amendment search and seizure issues, relevant |
| | statutes, and case law; |
| | (2) drafting and reviewing affidavits requesting the |
| | issuance of search warrants, wiretap orders, pen register and trap |
| | and trace orders, mobile tracking device orders, and similar court |
| | orders; and |
| | (3) drafting requests for court orders authorizing: |
| | (A) the interception of oral, wire, and |
| | electronic communications; |
| | (B) the installation and use of a pen register or |
| | trap and trace device; |
| | (C) the disclosure of subscriber or customer |
| | records and information; and |
| | (D) other similar court orders that are required |
| | to be filed by a prosecutor. |
| | (d) The regional counsel shall coordinate training with the |
| | unit for border prosecuting attorneys and law enforcement agencies, |
| | including by: |
| | (1) assisting in identifying training needs in the |
| | county or subregion, if any is created, in which the border |
| | prosecuting attorney's office or the agency is located; |
| | (2) assisting in the development of training curricula |
| | and guidelines for the investigation and prosecution of border |
| | crime; and |
| | (3) participating in and hosting training |
| | presentations and sessions in each subregion, if any is created. |
| | (e) The regional counsel shall provide legal and technical |
| | assistance to border prosecuting attorneys, including by: |
| | (1) performing legal research relating to |
| | investigating and prosecuting border crime, if requested; and |
| | (2) coordinating with border prosecuting attorneys |
| | and law enforcement agencies to identify experts in the |
| | investigation and prosecution of complex, long-term cases against |
| | organized criminal enterprises. |
| | Sec. 772.058. GIFTS AND GRANTS. The criminal justice |
| | division may apply for and accept gifts, grants, and donations from |
| | any organization described in Section 501(c)(3) or (4) of the |
| | Internal Revenue Code of 1986 for the purposes of funding any |
| | activity of the unit under this subchapter. The criminal justice |
| | division may apply for and accept grants under federal and state |
| | programs. |
| | |
| | SECTION 4. Section 772.0071(d), Government Code, is |
| | repealed. |
| | SECTION 5. This Act takes effect September 1, 2015. |
| |
| |
| | ______________________________ | ______________________________ |
| | President of the Senate | Speaker of the House |
| |
| |
| | I certify that H.B. No. 12 was passed by the House on April 9, |
| | 2015, by the following vote: Yeas 143, Nays 0, 2 present, not |
| | voting; and that the House concurred in Senate amendments to H.B. |
| | No. 12 on May 29, 2015, by the following vote: Yeas 141, Nays 3, 2 |
| | present, not voting. |
| | |
| | ______________________________ |
| | Chief Clerk of the House |
| |
| | I certify that H.B. No. 12 was passed by the Senate, with |
| | amendments, on May 26, 2015, by the following vote: Yeas 31, Nays |
| | 0. |
| | |
| | ______________________________ |
| | Secretary of the Senate |
| | APPROVED: __________________ |
| | Date |
| | |
| | __________________ |
| | Governor |