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