|
|
|
|
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 |